09/04/2026
Not every important legal outcome is about damages. Sometimes it's about validation, precedent, and understanding what actually happens in a human rights complaint. ⭐ In a recent Canadian Human Rights Tribunal decision, our own Edmonton-based workplace lawyer, Kate Engel, helped her client secure a substantiated finding of sexual harassment even after he'd been acquitted criminally.
In Arcand v. Burnstick, 2026 CHRT 81, the Canadian Human Rights Tribunal substantiated a sexual harassment complaint against an elected Band Councillor/Chief after a hearing that turned entirely on credibility. Notably, the respondent had previously been acquitted on related criminal charges. ⚖️ That acquittal didn't matter here: human rights tribunals apply a lower standard of proof (balance of probabilities) than criminal courts (beyond a reasonable doubt).
But the case also revealed something less discussed: under s. 65(1) of the Canadian Human Rights Act, individual harassers generally can't be personally ordered to pay compensation, remedies must come from the employer. Because our client had already settled with her employer, she received a formal finding of harassment, but no further monetary award.
Swipe through to learn what this case means, and why timing and strategy matter if you're considering a human rights complaint. ➡️
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⚖️ Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a legal professional.