Definition : Arbitration is a method for preventing and resolving conflicts. It may replace proceedings as the arbitration decision is final and without appeal.
Source/law/article: Ministry of Justice of Canada
Definition : A person commits an assault or engages in an attack or aggression against anyone:
→intentionally, uses force, directly or indirectly, against another person without their consent;
→attempts or threatens, by an act or a gesture, to use force against another person, if they have, →or if they cause said person to believe, on reasonable grounds, that they are capable of carrying out their intent;
→by openly carrying a weapon or an imitation, accosts or impedes another person or begs them.
Source/law/article: Art. 265 - 268 Criminal Code
BREACH OF PRIVACY
Definition : There is a breach of privacy if there is inappropriate or unauthorized collection, usage, communication, storage or removal of personal data, in contravention of privacy laws applicable to personal data protection.
Source/law/article: Ministry for National Defence
BURDEN OF PROOF
Definition : The need for a party to proceedings to demonstrate the facts which they allege through convincing arguments, beyond any reasonable doubt (criminal law), or by providing better proof than that of the opposing party (civil law). (French Language Office)
The Civil Code of Québec provides that the person (the petitioner) for all legal intents and purposes must prove the facts which support their claim and that the other party (the administration) which claims that a right is void, has been changed or is removed, must prove the facts on which their claim is based.
Source/law/article: (Art. 2803 C.c.Q.)
CANADA LABOUR CODE
Definition : Law of the Canadian Parliament which defines the rights and responsibilities of employees and employers in the workplace under federal regulations, and which establishes the Federal Labour Code.
Source/law/article: Employment and Social Development Canada
CONCURRENT EXERCISING OF A RIGHT
Definition : If we say that a right is concurrent to another right, that means that it depends on it. This means that the exercising of the two rights co-exists.
Source/law/article: Public Works and Government Services Canada
Definition : Consent is defined as the voluntary agreement by the complainant to engage in sexual activity. Conduct that does not include voluntary agreement to engage in sexual activity does not constitute consent in law.
Source/law/article: Art. 153.1(2) Criminal Code
Definition : means an agreement in writing entered into between an employer and a bargaining agent containing provisions respecting terms and conditions of employment and related matters.
Source/law/article: Art. 3(1) Canadian Labour Code
Definition : No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Source/law/article: Art. 264(1) Criminal Code
Definition : Discriminating means treating someone differently because of their personal characteristics and thereby preventing them from exercising their rights.
Source/law/article: Quebec Human Rights Commission
Definition : means an injury or a disease arising out of or in the course of an industrial accident, or an occupational disease, including a recurrence, relapse or aggravation.
Source/law/article: Art. 2 Act Respecting Industrial Accidents and Occupational Diseases
Definition : “The employment contract is a contract whereby a person, the employee, undertakes, for a limited time and for remuneration, to carry out work under the management and supervision of another person, the employer”. Pursuant to this provision, the fact that the work is carried out under the management and supervision of the employer is what characterizes the hierarchical relationship.
Source/law/article: Art. 2085 C.c.Q
HUMAN RIGHTS TRIBUNAL
Definition : he Human Rights Tribunal is a first instance tribunal that specializes in matters of discrimination, harassment and exploitation prohibited by the Charter of Human Rights and Freedoms (Québec Charter).
Source/law/article: Human Rights Tribunal
Definition : "She concluded that this conduct was indecent under the Criminal code because it was degrading and dehumanizing, was calculated to induce anti‑social behaviour in its disregard for moral values (...)."
Definition: Mediation is a method of preventing and resolving disputes. It allows you to actively participate in finding solutions to settle your dispute with the help of a neutral person, a mediator.
The mediator helps you communicate your needs and interests so that you can come to a satisfactory agreement with the other.
Source/law/article: Justice Québec
PHYSICAL AND PSYCHOLOGICAL INTEGRITY
Definition : The concept of human dignity means that a person feels respect and self-esteem. Human dignity is associated with physical or psychological integrity. It has nothing to do with the status or the position of a person in his work environment, but rather concerns the way in which a reasonable person feels in the face of a given situation.
Source/law/article: CNESST (Interpretation section)
Definition : This concerns a projection, a judgement which is not based on proof but rather on indicators or appearances, that which is probable but without being certain.
Source/law/article: Public Works and Government Services Canada
Definition : This concerns psycho-social work constraints that can have harmful effects on workers’ health. For example, workload, decision-making autonomy, social support, etc.
Source/law/article: IRSST, 2013.
Definition : A self-employed person works for themselves and not on behalf of another person. They can freely choose the means of performing a contract.
Definition : Any measures taken against a person, liable to harm them, because they disclosed wrongdoing or because they participated in an investigation. Reprisals take many forms.
Definition : Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if:
a) the person observed or recorded is in a place where a person can reasonably be expected to be nude, is exposing their breasts, genital organs or anal region or is engaged in explicitly sexual activity;
b) the person is nude, is exposing their breasts, genital organs or anal region or is engaged in explicitly sexual activity, and the observation or recording is therefore done for the purpose of observing or recording a person;
c) the observation or recording is done for a sexual purpose.
Source/law/article: Art. 162(1) Criminal Code