On the night of Friday August 25 to Saturday August 26, 2023, Ianick Lamontagne committed an irreparable act: the murder of his children, followed by his own suicide.

I was so surprised and shocked by this tragic story that I wrote about it in various media.

I later discovered that he had clearly crossed a line in terms of harassing and spying on his former partner.

I’d like to take the time to write to you on this subject, to prevent such situations from recurring.

Working in the field of information security and privacy, I’m often confronted with questions, especially from women, such as:*** Is my ex-partner watching me? How can I protect myself?***

These concerns come up regularly, and I understand how essential it is to feel safe. That’s why I’d like to explore these topics with you in my next few articles. Here’s the first one on the various laws governing this subject.

Let’s start at the beginning: harassment comes in many different forms, such as verbal harassment, sexual harassment, online harassment, workplace harassment and finally harassment in a relationship.

The best definition I can think of is:

Stalking ***stalking ***is a persistent ***persistent ***and ***unwanted ***that is intended to intimidate, humiliate, degrade or create a hostile environment for a person.

Photo by Tingey Injury Law Firm on Unsplash

Stalking is considered a criminal offence, as it causes a sense of fear in the victim, hinders their freedom and can lead to serious psychological consequences.

Different laws currently govern this type of behavior.

The laws of Canada and Quebec consider harassment to be unacceptable behaviour. ***unacceptable ***and illegaland provide legal recourse to protect victims and punish perpetrators.

Canadian Criminal Code

The Canadian Criminal Code contains a number of provisions dealing with harassing behaviour, including harassing communication, cyberbullying, uttering threats, criminal harassment and other harassment-related offences. These provisions aim to protect individuals from all forms of harassment by setting clear standards and providing appropriate penalties for offenders. They recognize the importance of preserving the safety and well-being of every individual, both online and offline, by creating a safe and harmonious environment for all.

https://laws-lois.justice.gc.ca/fra/lois/c-46/section-264.html

264 (1) – No person shall, without lawful authority, do anything to a person knowing that he or she is being harassed or recklessly disregarding the fact that he or she is being harassed if the act in question causes him or her to reasonably fear, having regard to the context, for his or her safety or that of anyone known to him or her.

Canadian Human Rights Act :

This law prohibits discrimination and harassment on grounds such as race, color, gender, religion, sexual orientation, age, national origin and marital status, among others. It applies to employment, housing, public services, education, access to goods and services, and membership of professional associations. The Act aims to protect the fundamental rights of all individuals and to promote equality of opportunity and diversity within Canadian society.

(https://laws-lois.justice.gc.ca/fra/lois/h-6/)

Section 14(1) It is a discriminatory practice, if based on a prohibited ground of discrimination, to harass an individual:

a) when supplying goods, services, facilities or accommodation to the public;

b) when supplying commercial or residential premises;

c) employment.

Québec Charter of Human Rights and Freedoms

This fundamental charter guarantees the fundamental right to human dignity, personal security, privacy and integrity of every individual. It plays an essential role in prohibiting all forms of discrimination and harassment in many areas of daily life, such as employment, housing, education and public services. The Charter embodies the values of equality, respect and justice that lie at the heart of Quebec society.

https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-12

**Article 10 –**Everyone has the right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, color, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, disability or the use of any means to palliate such disability.Discrimination occurs when such a distinction, exclusion or preference has the effect of destroying or compromising this right.

Article 10.1– No one may harass a person for any of the reasons set out in article 10.

Quebec Occupational Health and Safety Act

This law, put in place to guarantee the protection of workers, imposes an obligation on employers to take all necessary measures to protect the health, ensure the safety and preserve the physical integrity of workers. Among these measures is protection against harassment, which is also included in the provisions of this law. The aim of this legislation is to create a safe and healthy working environment, where every worker can carry out his or her duties without fearing for his or her safety or being subjected to harassment.

https://www.legisquebec.gouv.qc.ca/fr/document/lc/S-2.1

Article 16 – take measures to ensure the protection of workers exposed to physical or psychological violence in the workplace, including domestic, family or sexual violence.

Canadian Employment Equity Act

Canada’s Employment Equity Act does not have a section or article dealing exclusively with harassment. It focuses on promoting employment equity and combating discrimination in the workplace based on factors such as gender, race, disability and ethnicity. The Act helps by requiring employers to take positive action to correct employment imbalances.

https://www.laws-lois.justice.gc.ca/fra/lois/e-5.401/index.html

Article 5 – identification and removal of obstacles to the careers of designated group members arising from its employment systems, rules and practices not authorized by a rule of law;

Next laws?

Several bills have been presented to the various governments of Quebec and Canada. The next proposal may be a law inspired by Scotland. [Reference]

Scottish law includes both a person’s physical and emotional safety in the assessment of domestic violence cases at trial. For Scottish law, domestic violence is no longer just physical.

The new Scottish law includes a “reasonableness test” for behavior in cases of violence and harassment. For example, would a reasonable person consider restricting a person’s access to their bank account, imposing meal times or moving their car while they are asleep. If this amounts to controlling behavior?

  • Harassment and its different forms. [Links to articles 2]
  • How can harassment be prevented? [Links to articles 3]
  • How to detect espionage with technological tools? [Links to articles 4 to come]
  • What isdisclosure porn? [Links to articles 5 coming soon]

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