N.B. residents able to get free legal advice on workplace sexual harassment

Law360 Canada (February 10, 2023, 3:29 PM EST) -- A group of access to justice advocates in New Brunswick have launched a new program to provide free summary legal advice to those who feel they have suffered sexual harassment at work.

The Workplace Sexual Harassment Lawyer Referral Program — a joint initiative by the Public Legal Education and Information Service of New Brunswick (PLEIS-NB) and the New Brunswick Human Rights Commission — was launched Feb. 8.

Said to be the first of its kind in the province, the program will offer eligible applicants a free, two-hour consultation with a lawyer, who will review their situation and discuss with them possible options and potential outcomes.

“If you need answers to questions about the complaint process for workplace sexual harassment, or how to report it, the lawyer referral program is a free service to access help and legal advice,” said PLEIS-NB associate director Amber Chisholm in a news release. “This project hopes to bridge gaps in access to legal advice for employees who want to know more about their rights and their options when navigating these often sensitive and difficult situations.”

Chisholm recently told Law360 Canada that 26 lawyers in the province have expressed interest in participating, and that 12 have registered, have completed their training and are ready to start receiving referrals.

They will be paid standard provincial legal aid rates — $70 per hour, which will come from the program as part of the federally funded Safer Places NB project.  

Chisholm went on to say that application forms went up on the PLEIS-NB website in January, and that as of Feb. 9, three had been completed.

Part of the process will be collecting enough information from an applicant to determine if sexual harassment did, in fact, take place. This assessment will first be done informally by PLEIS-NB, and then in more detail by the lawyer assigned to the file.

The lawyer, after checking for any conflict of interest, will then provide strictly summary advice, which would include discussing options in addressing the situation, explaining how to pursue those options, going over legal and administration forms and going over possible outcomes.

Chisholm said options discussed between lawyer and client could be whether a complaint should be made to the Human Rights Commission, their workplace’s human resources department, to their union (provided it is a unionized workplace), or to the police in cases involving alleged touching or assault.  

“Part of the trauma-informed training we provide to participating lawyers and all project staff includes a strong focus on autonomy for clients —we feel it’s very important they be informed of their options and the possible outcomes of those options, without being pressured to take any particular course of action, or indeed any action at all if they don’t feel that’s appropriate for them,” said Chisholm.

After the two-hour consultation, the client can then decide whether to retain that lawyer, or a different lawyer, for further action. They can also tackle the situation on their own if they so choose. They are also able to contact PLEIS-NB for information about community-based supports.

Applicants must be 16 or older to be eligible.

If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.