206 THE ADVOCATE
VOL. 79 PART 2 MARCH 2021
designation and was permitted to continue his harassing and discriminatory
behaviour until one female lawyer came forward in 2018. Before agreeing
to formally retire, Durnford practised primarily in the area of labour and
employment law and was a panellist in 2015 at an Employment Law
Alliance webinar on sexual indecencies and indiscretions in the workplace.
16
The war on sexual harassment is happening internationally as well. A
former high court justice in Australia, Dyson Heydon, was found to have
sexually harassed six junior court staff during his time on the bench. The
high court became aware of allegations against Heydon in 2019 and began
an independent investigation. A news article published by The Guardian
points out the vast power imbalance between junior associates and judges,
highlighting the need for compulsory training and a confidential complaints
process, among other reforms.17
Gwendoline Allison, a Vancouver-based employment lawyer, says that
more lawyers and law firms are reaching out for advice on sexual misconduct:
“In 25 years of practising law, with sexual harassment as a focus of my
practice, I don’t think I had ever received a call from another lawyer for
legal advice about workplace sexual harassment until three or four years
ago.” Allison notes that some lawyers do not feel comfortable proceeding
publicly, and if so, they always have the option of contacting the Law Society
of British Columbia’s ombudsperson: “I tell lawyers who have experienced
sexual harassment that, even if you don’t want to do anything else,
please call the ombudsperson and tell someone so at least it is logged.”
Claire Merchant, equity ombudsperson at the Law Society of British
Columbia, encourages lawyers to contact the Law Society if they have any
concerns about sexual misconduct. She says: “Among the issues raised by
individuals contacting our program, discrimination and harassment on the
basis of sex has generated, and continues to generate, a higher volume of
queries than other issues. The Law Society takes sexual harassment seriously
and wants to ensure that those who have experienced sexual harassment
know their options and are aware of the support that is available to
them.”18
CHOOSING A BATTLEGROUND
The war against sexual harassment is not limited to a specific court or tribunal.
While the most obvious forum for legal action is the B.C. Human
Rights Tribunal, sexual harassment can also amount to constructive dismissal,
and workers can pursue a civil claim for wrongful dismissal. Work-
SafeBC can address claims of sexual harassment in the workplace as well,