May 4, 1989 - Dianna Janzen and Tracy Govereau

Human Rights a Day

Supreme Court of Canada declares sexual harassment a form of sex discrimination. When Dianna Janzen and Tracy Govereau worked at Pharos restaurant in Winnipeg the fall of 1982, they endured outrageous physical and verbal sexual harassment from the cook, Tommy Grammas. Each of the women spoke at different times to the owner operator, Phillip Anastasiadis, about Tommy’s behaviour, but to no avail. Janzen left the restaurant after only two months; Govereau was fired. When both women complained to the Manitoba Human Rights Commission, an adjudicator found the women had been sexually harassed, and awarded them money for lost wages and exemplary damages. The case’s first appeal reduced the financial award. At its next appearance at the Manitoba Court of Appeal, the judges threw it out altogether, saying sexual harassment is not sexual discrimination. However, on May 4, 1989, the Supreme Court of Canada upheld the adjudicator’s initial decision in favour of Janzen and Govereau, ruling in strong language that sexual harassment is clearly a form of sex discrimination. The court also delivered a very liberal definition of sexual harassment for Canadian employers and employees; it is used as the benchmark to this day.