The British Columbia Human Rights Tribunal has declined to accept a late-filed complaint of sexual harassment and discrimination in the film industry.
CS, a second assistant camera person, alleged that she faced sexual harassment and discrimination based on sex and political belief at Water Tower Production Services, Inc. and by a colleague, referred to as Mr. X. The complaint also involved the International Cinematographers Guild/International Alliance of Theatrical Stage Employees (the Union).
The Tribunal, in its March 6, 2023, decision, allowed the complaint against the Union to proceed. However, it grappled with the timeliness of the complaint against Water Tower and Mr. X, which seemed to have been filed outside the one-year limit set by the Human Rights Code.
CS alleged a pattern of sexual harassment from August 2019 to October 2020, including exposure to inappropriate images, sexually charged comments, and derogatory remarks about women. She believed her employment was terminated in retaliation for reporting these issues.
After an internal investigation by Water Tower, which acknowledged the inappropriateness of the photos but did not punish Mr. X or reinstate her employment, CS filed her complaint with the Tribunal in May 2022.
The Tribunal’s decision focused on whether it was in the public interest to accept the late-filed complaint, considering factors like the length of delay, reasons for delay, and the nature of the complaint itself. CS attributed her delay to pursuing internal avenues of redress, a lack of awareness of the Tribunal’s process, fear of industry retaliation, and the impacts of the COVID-19 pandemic.
However, the Tribunal found these reasons insufficient to justify the late filing. It highlighted that ignorance of the Code, fear of retaliation, and the effects of the pandemic did not sufficiently attract the public interest necessary to accept the late-filed complaint.
“While appreciating the seriousness and nuances (of her) sexual harassment complaint, I am not satisfied that it raises a novel issue that should be heard by the Tribunal to advance the purposes of the Code,” the Tribunal said. “Complaints involving sexual harassment in employment are common and the jurisprudence in this area is fairly settled.”
Consequently, Tribunal member Steven Adamson concluded that the complaint against Water Tower and Mr. X would not be accepted for filing.
For more information, see Sileikis v. Water Tower Production Services, Inc. and others, 2023 BCHRT 110 (CanLII)
