What can the American television programme Law and Order teach us about employment law in Ontario? Not a lot, really. But the opening line from the Special Victims Unit franchise does illustrate one point, which will be of increasing focus in the coming years:
In the criminal justice system, sexually-based offenses are considered especially heinous. In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit. These are their stories.
Why do I reference Law and Order SVU on an Ontario employment law blog? Because if the opening words of that show teach us anything, it is that different crimes are treated differently by the justice system. Nowhere in the Ontario employment law context is this disparate treatment more acute than with respect to the issues of workplace harassment and discrimination.
Let us compare and contrast two decisions, both from the Court of Appeal for Ontario: Piresferreira v. Ayotte, 2010 ONCA 384 (Cronk, Lang and Juriansz JJ.A.) and Partridge v. Botony Dental Corporation, 2015 ONCA 836, (Laskin, Pardu and Roberts JJ.A.)