Agenda

Day One: Tuesday, November 15, 2022

10:00 EST

15 min

Welcome and Opening Remarks from the Chair

10:15 EST

60 min
Norman Keith

Provincial and Federal Legal Frameworks for Discrimination, Harassment and Violence Prevention & Response

Norman Keith, Partner, KPMG Law, LLP

  • Varying definitions, interpretations and understanding of the challenge
  • Human Rights law: A Cross-Canada perspective
  • The growing importance of OHS legislation & regulations
  • Privacy expectations and “laws” and respect in the workplace
  • Don’t forget the Criminal Code in your compliance program
  • New Federal Harassment & Violence Prevention Regulation
  • Internal versus external investigators – cost considerations
  • Legal requirement for a workplace H&V hazard assessment
  • New mandatory elements of an employer’s H&V policy and training
  • Intake of complaints and protection of privacy & dignity
  • New requirements for investigators and investigations
  • Resolution options, preserving evidence and litigation
  • Changing union approach to negotiating settlements
  • Providing support to employees affected by harassment and violence

11:15 EST

60 min
Glenn French

Mad or Bad? Mental Health, When Do We Accommodate? When Do We Discipline or Terminate?

Glenn French, President and CEO, The Canadian Initiative on Workplace Violence

  • The evolving definition of workplace violence
  • The relationship between mental health and workplace violence
  • Investigating potential threats
  • The importance of employee “Perceived Personal Control”
  • Determining when a comprehensive threat assessment is required
  • Accommodating employees who have threatened violence

12:15 EST

60 min

Break

14:00 EST

60 min
Diane Mason

Bystander Intervention: The First Line of Defense Against Harassment

Diane Mason, Founder / President, HR Proactive Inc.

Empower employees to be the first line of defence against harassment, bullying and violence in the workplace. How we respond to these situations sets the tone for what we will tolerate and deem as acceptable behaviour.

  • The ‘Who’
    • Definition of a Bystander
    • Definition of Bystander Intervention
  • Stigma Hesitation
    • Reasons People Don’t Act
  • The ‘Bystander Effect’
    • Definition of the Bystander Effect
    • Three Factors Influencing the Bystander Effect
  • The Five ‘Ds’ of Bystander Intervention
  • Harassment in the Workplace and Bystander Intervention

15:00 EST

15 min

Break

15:15 EST

45 min
Stephen Hart

Managing Violence Risk in the Context of Investigations and the Challenge of Parallel Investigations

Stephen Hart, Protect International Risk and Safety Services Inc.

  • Overview of professional responsibility to identify and respond to violence risk
  • Definition of violence, violence risk assessment and violence risk management
  • Examination of the challenge of parallel investigations triggered when violence occurs
  • Discussion of four key principles for navigating the challenge of parallel investigations
  • Suggested response and hierarchy for responding to violent incidents

16:00 EST

45 min
Courtney Betty

Diversity, Equity and Inclusion Considerations in Discrimination and Harassment: Legal, Practical, Corporate Risk and Societal Perspectives

Courtney Betty, Lawyer, Speaker, and Diversity Strategist, Betty’s Law Office

Diversity and Equity are now a major focus for all organizations.  Employees are now using legal remedies to address racism, discrimination, and harassment.  Companies are now subject to human rights claims, class actions, or the use of social media to damage the reputation of a corporate brand, sometimes beyond repair.  This presentation includes:

  • Reviewing your  organizational policies, practices and procedures to see if they create situations in your organization that might be considered discriminatory, harassing or bullying before they create legal damage
  • Helping corporations identify diversity policies, practices  or initiatives  that might be considered as discriminatory, harassing or bullying
  • Can or should  microaggressions be considered harassment, bullying or discrimination?

16:45 EST

End of Day One

Day Two: Wednesday, November 16, 2022

10:00 EST

15 min

Welcome and Opening Remarks from the Chair

10:15 EST

75 min
Kelly A. Watt

Establishing and Operating Threat Assessment Teams

Kelly A. Watt, Protect International Risk and Safety Services Inc.

  • Overview of requirements, standards, and guidelines
  • Examination of identified needs of threat assessment teams
  • Discussion of major tensions faced by threat assessment teams
  • Summary of goals, structures, process and outcomes of threat assessment teams
  • Discussion of relevant case examples

11:30 EST

15 min

Break

12:30 EST

60 min

Break

13:30 EST

45 min

Employer Obligation to Prevent Domestic Violence and Harassment: Tools and Training

  • How Western University helps employers address domestic violence in the workplace
  • The requirement that federally regulated workplaces prevent domestic violence and harassment and support workers affected by domestic violence
  • Best practices for provincially regulated workers?
  • Recognition that abuse does not always stay at home, but also comes to work
  • Requirement to assess risks of domestic abuse for workers and have policies that specify action to address them
  • The need to discuss domestic violence with confidence
  • Responding to disclosure
  • Assessing your culture, leadership support, workplace policies and collective agreements

14:15 EST

45 min
Elizabeth Bingham

Confidentiality: Who Has the Right to See What?

Elizabeth Bingham, Team Lead, Workplace Investigations, Rubin Thomlinson LLP

The Report is written. Labour and executive want to see it.

  • What confidentiality rules apply?
  • How can you manage expectations around confidentiality throughout the process?
  • What do these parties need to know?
  • How do you craft effective report summaries?
  • Confidentiality issues when dealing with internal versus external investigators

15:00 EST

15 min

Break

15:15 EST

45 min

How Union and Management Can Work Together to Prevent, Manage and Resolve Complaints

Cate Moss

16:00 EST

45 min
Courtney Laidlaw

Observations, Trends and the Future of Work

Courtney Laidlaw, Toronto Transit Commission

Senior HR professionals will share their observations on key themes and trends in preventing discrimination, harassment, bullying and violence and creating a fair, just and diverse workforce. You will leave inspired and ready to implement new ideas and strategies to achieve your goals in the year ahead.

16:45 EST

End of Day Two