Many of our readers will be familiar with the well-known sex discrimination case of Janzen v. Platy Enterprises Ltd., [1989] 1 S.C.R. 1252. A Manitoba case, it established that sexual harassment is sex discrimination, and thus illegal in Canada. Further to that, it also recognized the vicarious liability of employers in instances of sexual harassment perpetrated by employees. Finally, it provided a somewhat expansive and flexible definition of sexual harassment. The Supreme Court decision can be found here: http://www.canlii.org/en/ca/scc/doc/1989/1989canlii97/1989canlii97.pdf.
The female complainants in the case, Dianna Janzen and Tracy Govereau, endured degrading and humiliating treatment at the hands of cook Tommy Grammas. The restaurant owner refused to intervene or address the harassment. They were both 21 years old when they filed their complaints with the Manitoba Human Rights Commission. They would enter their 28th years before the matter was resolved in the Supreme Court.
Recently, B.C. lawyer and author Stephen Hammond wrote and recorded an interview with Dianna Janzen. She is now 50 years old, and has developed a profound and fascinating persepctive on her experiences as a victim of sexual harassment and a human rights crusader. Nearly 30 years after the incidents that led her to make a complaint, she still perfers not to discuss the details of the abuse. The interview describes the “emotional rollercoaster” Janzen experienced during the years her case was before the courts, noting the dejection she felt following the decision of the Manitoba Court of Appeal (which held that sexual harassment was not sex discrimination). When the Supreme Court finally found in favour of Janzen and Govereau, overturning the Court of Appeal, Janzen said she initially “didn’t feel anything, actually”. After enduring the extreme stress of not only the harassment, but also the extended legal proceedings, Janzen’s sense of personal vindication took time to develop.
The interview is fascinating. Now the mother of two nearly-full-grown children, Janzen’s relfections on her experiences as a younger woman are measured but profound; she speaks of her transformation from “victim” at 21 to “success” at 50. She now wishes to share what the experience taught her with young people, wanting them to know their rights and feel empowered to stand up for themselves if they face discrimination, based on sex or otherwise.
You can read or listen to the interview here: http://www.stephenhammond.ca/dianna-janzen.php#.
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