FAUT-IL CRIMINALISER LE HARCÈLEMENT SEXUEL?

Abstract

Sexual harassment is forbidden in Canada, notably under labour and human rights laws. However, it is not explicitly criminalized in all its forms.

The article examines the question of whether sexual harassment should be criminalized more comprehensively and systematically in Canada. First, the article will examine the state of affairs and look at how violations are currently framed in criminal law, which covers only a partial picture of the various manifestations of sexual harassment. The focus then shifts more specifically on whether sexual harassment should be criminalized. The argument is structured around two key issues: first, whether criminal harassment offences should be criminalized; and second, whether a specific offence should be introduced to account for street harassment. Comparative legal approaches will be considered to further this analysis.