DANIELLE GAUTHIER, LL.M. (HARVARD)
ATTORNEY, QUEBEC BAR ACCREDITED INVESTIGATOR AND MEDIATOR
Lawyer, expertise in labour and employment law
Investigator in matters of workplace harassment accredited by the Quebec Bar
Labour and civil law mediator accredited by the Quebec Bar
Member of the Ordre des conseillers en ressources humaines agréés du Québec (CPHR)
Degrees
B.A., Political Science, Bishop’s University, Lennoxville, QC
LL.L., Faculty of Law, Université de Sherbrooke, Sherbrooke, QC
LL.M. Harvard University Law School, Cambridge, Mass, USA
Professional background and relevant experience
For the past 25 years, I have worked as a partner at two major Law firms, Heenan Blaikie and Lavery. I have focused my practice in Health law, the Canadian and Quebec Charters of Rights and employment law, both in the public and parapublic sectors (health and education) and in the private sectors (industrial and manufacturing).
The practice of law in Canada has evolved and opened up to alternative dispute resolution methods. Several of the mandates entrusted to me were related to situations or complaints of harassment or discrimination regarding race, sex, disability, sexual orientation, pregnancy and others. I have accompanied clients in mediation processes, acted as a mediator and promoted this method of conflict resolution.
Nevertheless, many cases continued to be pleaded in front of administrative and judicial tribunals, such as the CNESST, arbitration tribunals, the Human Rights Commission, and civil courts including the Court of Appeal. I interviewed witnesses, studied case law, drafted proceedings and briefs. Over the past 30 years, I have been involved in about 20 cases a year, involving discrimination, harassment or violence.
Services
Psychological harassment, sexual harassment and discrimination investigation.
Mediation in Civil and Employment law.
Investigation of Abuse and maltreatment in Sports.
Experience investigating psychological harassment
As soon as the new provisions concerning the prevention of psychological harassment in the workplace came into force in Quebec on June 1, 2004, I became interested in harassment prevention, the determination of admissibility criteria and the investigation process. I prepared and offered training to members of the Ordre des conseillers en ressources humaines agréés du Québec (CPHR) and to employers as early as 2003 before the new harassment prevention provisions came into law in Québec.
Of course, in the day to day relationship between employees and managers at work, harassment and discrimination can take many forms, such as isolation, verbal abuse, bullying or violence. In addition, Employers are increasingly confronted by mental health issues amongst their employees which need to be addressed. I assisted employers in identifying these behaviours and supported them in establishing preventive measures. I advised HR directors and managers on how to properly assess complaints and guided them in conducting a fair and equitable investigation process and in determining appropriate action following the findings of their inquiry.
More recently, I developed in interest in policies and procedures put into place to provide a forum against abuse in sports. In recent years, cases were publicized which led to the publication of many new guides such as the Universal Code of Conduct to prevent and Address Maltreatment in Sport (UCCMS). Most sport organizations now have a Code of Ethics and policies allowing athletes and everyone evolving in sports, parents, coaches, volunteers to file complaints and be entitled to independent investigation by an impartial third party.
I am presently doing several investigations in amateur sports in Quebec as an
independent third party.
Contribution to the profession
Since the beginning of my career, I have been a lecturer at the Faculty of Law of the Université de Sherbrooke and the Department of Political Science at Bishop’s University, where I taught constitutional law and the Charters of Rights, Canadian and Quebec employment and human rights law. From 1997 to 2002, I was a lecturer in the Master of Law program in health law and policy at the Université de Sherbrooke.
For nearly 20 years, I was a lecturer at the Québec’s Bar professional training program, teaching both law and skills, such as writing, interview and interrogation techniques, and pleading. I have also served on the Quebec Bar admission exams and review committees.
I was a guest speaker at the OCRHA annual conference in 2018 and 2019 and contributed to the development of tools for members including the guide to good practices in dismissal “When it is necessary to dismiss, keep the human being at the heart of the process”.