Events ‘a profound learning experience’: Laxton
The former Speaker of the Yukon Legislative Assembly and the woman who alleged she was sexually harassed by him have come to a “mutually agreeable resolution” with the assistance of the Yukon Human Rights Commission (YHRC), it was announced Wednesday.
By Sidney Cohen on July 14, 2016
The former Speaker of the Yukon Legislative Assembly and the woman who alleged she was sexually harassed by him have come to a “mutually agreeable resolution” with the assistance of the Yukon Human Rights Commission (YHRC), it was announced Wednesday.
Whitehorse resident Michelle Stimson revealed herself as the woman at the centre of the allegation involving David Laxton, and made a brief statement in a news release issued by the YHRC.
“I am satisfied with this process and the resolution, and I know my fellow Yukoners will respect this,” Stimson said.
“I am moving on with my life. I will not be making any further comment.
“I consider this matter closed.”
For his part, Laxton said in the statement, “This process has been a profound learning experience for me. I sincerely apologize for any harm or distress that my conduct has caused her. I am sorry.”
In Wednesday’s statement, the YHRC pointed out that right now, there is no official policy for MLAs on how to address allegations of sexual harassment.
“That should change,” it said.
A policy regarding sexual harassment would have to be developed by the all-party Members’ Services Board, said Floyd McCormick, clerk of the Legislative Assembly.
The board has not had the chance to discuss the issue since the YHRC statement came out, he told the Star early this afternoon.
The Members’ Services Board can meet any time, regardless of whether the legislative assembly is sitting.
It is unclear at this time if it will convene to consider a sexual harassment policy.
At least one other Canadian jurisdiction has a sexual harassment policy for its elected officials: Nova Scotia approved its “Policy on the Prevention and Resolution of Harassment in the Workplace” for the House of Assembly in May.
It is uncommon, though not unprecedented, that matters before the YHRC are made public.
Complaints at the YHRC are totally confidential unless all the parties agree together to make a public statement, Jessica Lott Thompson, the commission’s director of human rights, told the Star Wednesday.
“Often (making a public statement) is something that parties choose to do if the complaint is in the public eye,” said Thompson.
Laxton resigned from his role as Speaker and left the Yukon Party caucus in May after learning an allegation of sexual harassment had been made against him.
He currently represents the riding of Porter Creek Centre as an independent.
He has been barred from seeking a Yukon Party nomination in the upcoming election.
According to Laxton, the allegation relates to an interaction he had with the complainant during business hours at the legislature in February.
He said he hugged and kissed a woman on the mouth twice: once in his office and once in the building’s lobby.
At the time, Laxton said the complainant was a “long-time acquaintance” and called the allegation of sexual harassment “false.”
This is what Laxton said happened. Stimson has not spoken publicly about the allegation.
Laxton’s alleged behaviour may be considered sexual harassment, regardless of whether he intended to harass, according to the YHRC.
“Harassing actions need not be intentional in order to be considered harassment,” says a YHRC document called Harassment – Recognizing It!
The document, which is available on the YHRC website, explains that sexual harassment is “deliberate and unwelcome behaviour, and can be offensive sexual comments, gestures or physical contact that are unwanted or offensive.”
Harassment in general, it says, is “any behaviour that demeans, humiliates or embarrasses a person and that a reasonable person ought to have known would be unwelcome. It includes actions, comments or displays.”
It adds that “The harasser could be of the same or opposite sex as the person harassed, may be a supervisor, co-worker or someone providing a service.”
The relationship between Stimson and Laxton is unclear as Stimson has not yet commented on it.
Stimson is not listed in the Yukon government directory.
The Yukon Human Rights Act protects people in a number of situations, including in “any aspect of employment or application for employment,” and when they are offered goods and/or services or use public facilities.
The YHRC is a quasi-judicial body that administers the act. It also does research and public education on human rights, and helps to resolve conflicts where questions about human rights are at play.
When a complaint is brought before the YHRC, it is reviewed by Thomson, the director, and she determines whether the complaint is covered under the umbrella of human rights.
If it is, the YHRC will offer to mediate a resolution.
“The commission tries to mediate a settlement right at the outset, and many complaints settle at that stage,” Thompson told the Star.
If a settlement can’t be reached, the YHRC will investigate, which can sometimes take months, she said.
In rarer cases, an investigation will lead to a hearing in front of the board of adjudication.
After the hearing stage, the board can order damages be paid for “injury to dignity, feelings and self-respect,” said Thomson.
The YHRC receives about 400 inquiries a year, accepts 20 to 50 of those as human rights complaints, and often just one goes all the way to a hearing.
“It’s not a criminal process, and it’s not like civil litigation; you don’t want to reward or punish,” said Thompson.
“It’s designed to make the person whole again.”
Comments (1)
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Mark Sanders on Jul 14, 2016 at 6:19 pm
I think I am not the only person wondering if the “mutually agreeable resolution” involved money from the respondent to the complainant.
I think the public should be told what the resolution actually was. I would never vote for a politician who did not clarify this type of agreement- so Mr. Laxton let your constituents know what you agreed to.