|
Canada Employment and Immigration Union
(a component of the Public Service
Alliance of Canada)
welcomes you to our resources on
harassment and bullying.
Updated 14 July 2006
See our page on Canadian
Labour Law
Monthly News on Bullying a
Related Issues
Proposed Proposed
Canadian National Law
C-451 Workplace Psychological Harassment Prevention Act
(about the MP
who Proposed Bill C-451)
"Knowing what is happening
is the first step to coming to terms with what is being done to you. Knowing
that you are not responsible, that your treatment is unwarranted, undeserved and
unjustified allows you to focus on the real problem. It won't make the problem
go away, but it lets you put things in a new perspective. There is a great sense
of relief in knowing we are not the only ones to endure this, that we are not
insane and that there is hope." from
mobbing.ca
Bullying in general
"Schoolyard bullying - the
torment of one child by another - is often compared to workplace bullying. Both
types represent a grab for control by an insecure, inadequate person, an
exercise of power through the humiliation of the target. School bullies, if
reinforced by cheering classmates, fearful teachers or ignoring administrators,
grow up to be dominating adults. When they join the work force, they continue to
bully others." From the
Canada Safety Council
What is bullying?
"Bullying differs from harassment in that there
is no obvious bias towards race, gender or disability, for serial bullies are
usually cunning enough to keep their prejudices under wraps." From
The hidden cost of a bully on the balance sheet
Listen to one person's experience with bullying
here
From No Bully for Me - An hour long piece on workplace
bullying, taken from CKNW recorded 02 April 2004 (here)
Complete the online survey from No Bully for Me (here)
What is the cost of bullying?
"It should be obvious that “fear” has no
legitimate place in the workplace, yet if headlines and anecdotes contain any
grain of truth… organizational bullies thrive and prosper. The cost of bullying
is significant, even if it is difficult to measure. How many sick days are
attributable to a fear of going to the office? How much employee turnover is due
to people simply seeking a safer work environment? How many people don’t apply
to your organization because they’ve “heard stories”?
When the
Schoolyard Bully Graduates
YOU can make a difference in
someone's life
One day, when I was a freshman in high school,
I saw a kid from my class was walking home from school.
His name was Kyle.
It looked like he was carrying all of his books.
I thought to myself, "Why would anyone bring home all his books on a Friday?
He must really be a nerd."
I had quite a weekend planned (parties and a football game with my friends
tomorrow afternoon), so I shrugged my shoulders and went on.
As I was walking, I saw a bunch of kids running toward him.
They ran at him, knocking all his books out of his arms and tripping him so
he landed in the dirt. (More)
 |
|
| This was printed from
Workopolis.com
|
|
My boss is a bully
It is an implied term of every contract of employment or employment
relationship, that your employer will provide you with a fair, civil and decent
workplace.
Norman Grosman -
December 07, 2005
Q: My boss is a bully. He regularly yells at me
and demeans me in front of my colleagues, making coming to work a terrible
experience. Do I have any recourse?
A: Possibly.
It is an implied term of every contract of employment or employment
relationship, that your employer will provide you with a fair, civil and decent
workplace. From a legal perspective, if it can be established, based on
objective evidence and on a balance of probabilities, that your boss has created
an intolerable work environment, your employer may be responsible for having
breached those implied terms of your employment contract, the result of which
will be a constructive dismissal. You will then, correspondingly, be entitled to
a fair severance arrangement.
The difficulty, of course, is that it is often troublesome to be able to
prove that kind of behaviour. Many employers, however, have policies or a code
of conduct which requires that people be treated fairly and decently in the
workplace and recourse may be had through your human resources group.
Clearly, if the environment becomes so intolerable that you are prepared to
quit, it is time to get legal advice.

Bill C-45 - Due Diligence
Canada’s Criminal Code was revised in October 2003 (Bill C-45)
to include a duty for workplaces to prevent injury. Specifically, the Code
states, in section 217.1 that, “Every one who undertakes, or has the authority
to direct how another person does work or performs a task is under a legal duty
to take reasonable steps to prevent bodily harm to that person, or any other
person, arising from that work or task.”33 This may seem clear enough, but the
Code defines “bodily harm” very broadly: “any hurt or injury to a person that
interferes with the health or comfort of the person and that is more than merely
transient or trifling in nature.”
Interfering with “health or comfort” is a very inclusive
statement, and could be interpreted to apply to a wide range of conditions, from
being exposed to second-hand smoke to feeling uncomfortable due to verbal
comments or harassment. Until case law exists to further define the way this
will be interpreted by the courts, it is not clear how this legislation will
apply to comprehensive workplace health. (Read the entire article
here.)
ARE YOU BEING
BULLIED AT THE WORKPLACE?
(also called mobbing (Professor
Heinz Leymann), psychological terror, pack mentality, general harassment)
 |
Harassment in the Workplace
According to the Canada Safety Council,
workplace bullying over the past decade has become "an internationally
recognized occupational health and safety issue." August 2005 |
Policy
Policy statement - Service Canada (posted her
October 16, 2007)
Every
employee of the department will be treated fairly in the workplace and
will be provided an environment that is free of harassment, offensive
behaviour and discrimination. Any behaviour that is found to constitute
harassment or discrimination will not be tolerated. Such conduct will be
dealt with in a manner consistent with the severity of the infraction,
including disciplinary action up to and including discharge. (More) |

From Justice
Canada
Abuse
is wrong in any language
If you are the target of mobbing...
(from mobbing.ca)
Congratulations, you are likely one of the best and brightest people
where you work, or used to work as the case may be. Small consolation perhaps
but it is important to recognize that you have become the target of mobbing not
because you are deficient but because you are exceptional.
I have been a target for over 15 years and I feel lucky to still be alive. I
did not know why I was being treated the way I was. I was told that there was
something wrong with me, that I caused it, that I deserved it. It was only
toward the end that I learned about mobbing - almost too late.
Knowing what is happening is the first step to coming to terms with
what is being done to you. Knowing that you are not responsible, that your
treatment is unwarranted, undeserved and unjustified allows you to focus on the
real problem. It won't make the problem go away, but it lets you put things in a
new perspective. There is a great sense of relief in knowing we are not the only
ones to endure this, that we are not insane and that there is hope.
Mobbing is also a wolfpack mentality

"Bullying goes on over a long period of time, the target eventually becomes
obsessive about the bullying, work colleagues start to experience compassion
fatigue and turn off; if the bullying continues, colleagues may become
aggressive and actively join in with the mobbing, victimizing and scapegoating
as the pack mentality takes over ." From
Bully Online

Information on Mobbing
Le mobbing est un poison lent
Mobbing ist ein leises Gift Zuletzt
geändert
The Germans and the French call it "the slow
poison."
BACK TO TOP
| Site |
Country of Origin |
Description |
Authority |
| mobbing.ca |
Canada |
The purpose of this site is to help
Canadian employees and employers to overcome the needless suffering and
tremendous costs associated with an insidious form of workplace abuse
called 'mobbing'. |
|
| The
Mobbing Encyclopaedia |
|
Presents the late Professor Heinz
Leymann's pioneering research into mobbing. Some of the best information
on the web about mobbing can be found on this site. |
Professor Heinz Leymann |
|
The Workplace Bullying and Trauma Institute |
Canada and USA |
Research,
education and advocacy to end psychological violence at work for
individuals and organizations in the U.S. and Canada.
|
|
|
BullyEQ |
|
Beat crime, anti-social behaviour,
bullying, abuse and mobbing with emotional intelligence. This site
provides a wealth of information about psychopathic behavior, corporate
denial of responsibility, unrecognized forms of abuse, and bringing
emotional intelligence to bear on these problems |
|
|
Work and Family Resources
Counseling and Research |
|
Judith Wyatt and Chauncey Hare, Licensed
Family Therapists, have long experience in helping the targets of
mobbing and raising awareness on the subject of workplace abuse.
|
|
|
Canadian Initiative on Workplace Violence |
Canada |
The CIWV is Canada's premier social
research firm that focuses its attention on workplace violence from a
Canadian perspective. This site is dedicated to the many individuals and
organizations throughout Canada who are working to make Canadian
workplaces safe, free from the debilitating effects of workplace
aggression. |
|
Innovations Training
|
|
The purpose of
Gail Pursell Elliott's Innovations: "Training With a Can-Do Attitude" is
"To promote respect and understanding among people and to help them grow
personally and professionally through the development of insight and
awareness." |
|
|
Stalking by
Court: Legal Bullying and What Can Be Done About It |
Canada |
The Ontario Women's Justice Network hears
from many women who have left abusive partners only to find the abuse
continue post-separation. Most often, the abuse takes the form of
stalking.
For many women, especially those with children, misuse
of family court by their former partner is a common strategy. Sometimes
called "legal bullying"
BACK TO TOP |
|
|
Workplace-Violence.info |
|
Provides an
excellent overview of workplace violence and bullying at work.
|
|
The Work Trauma Foundation
|
South Africa |
This South African
foundation is working to eradicate mobbing and its attendent
psychosocial problems by establishing a culture of dignity and respect
in the workplace. |
|
|
Workplace Bullies: Graziadio Business Report |
.
|
Workplace bullies
can stymie employee performance and hinder an organization's ability to
compete. This report provides an in-depth description of what mobbing is
and its impact on businesses. |
|
|
Canada Safety Counsel's Workplace Bullying page |
Canada |
An overview of
mobbing and the challenges we face overcoming it.
|
|
|
CCOHS - "Violence in the Workplace" |
Canada |
Answers to
frequently asked questions about mobbing from the Canadian Centre for
Occupational Health & Safety - Canada's National Occupational Health and
Safety Resource. |
|
|
Anti-Bullying Centre, Trinity College Dublin |
|
Information on
Bully Behaviour in Schools and in the Workplace. This site provides a
wealth of information as well as resources.
|
|
|
NUJ Glasgow Branch BULLYING- What are Bullying and
Harassment- |
|
This Scottish site by the National Union of
Journalists contains a wealth of information about mobbing and what to
do about it for management, unions and targets. |
|
|
At the Mercy
of the Mob |
Canada |
Mobbing can be understood as the stressor
to beat all stressors. It is an impassioned, collective campaign by
co-workers to exclude, punish, and humiliate a targeted worker.
Initiated most often by a person in a position of power or influence,
mobbing is a desperate urge to crush and eliminate the target. The urge
travels through the workplace like a virus, infecting one person after
another. The target comes to be viewed as absolutely abhorrent, with no
redeeming qualities, outside the circle of acceptance and
respectability, deserving only of contempt. As the campaign proceeds, a
steadily larger range of hostile ploys and communications comes to be
seen as legitimate. |
Kenneth Westhues University of Waterloo |
|
Mobbing in the
Workplace: Has This Happened to You? - by Susan Dunn |
U.S. |
A mob
is one of the most vicious subcultures in any society. Powerfully
described in the classic, "The Ox Bow Incident," we understand that a
mob behaves in a way no individual human would. "Single-focused, whipped
to a frenzy by a puffed-up martinet and unfettered by normal restraints
of morality," writes book reviewer Mary Bradley, "the mob is merciless
in its assault." In the worst-case scenario we have a lynching or a
holocaust.
|
Susan Dunn is a professional coach
specializing in emotional intelligence. She is a speaker, writer,
educator, and author of many ebooks on personal growth. Visit her on the
web at www.susandunn.cc . |
| |
|
|
|
|
Target Support Site
BACK TO TOP |
|
Bullying News |
UK |
Archives for Bully OnLine |
|
|
Peer Resources |
Canada
(Victoria, BC) |
A Canadian non-profit organization that
specializes in information, resources, support and training to help
people with anti-bullying through peer helping, peer mentoring, and peer
mediation.
Our mission is to provide: high quality training,
superior educational resources, and practical consultation to persons
who wish to establish or strengthen peer helping, peer support, peer
mediation, peer referral, peer education, peer coaching, and mentor
programs in schools, universities, communities, and corporations. Peer
Resources has been in operation as a non-profit educational corporation
since 1975 and has an unequaled record of experienced and published
experts in peer, mentor, and coach systems in Canada.
|
|
|
Psychological Harassment at Work |
Canada (Quebec) |
This is Quebec's new law on
psychological harassment at work |
Labour Stadards in Quebect -
posted July 14, 2006 |
|
No Bully for Me |
Canada (Vancouver, BC) |
We are a voluntary group based in
Vancouver, Canada, working to support the targets of workplace bullying,
provide information, promote examples of good practice and act for
changes in attitudes to this damaging pandemic. |
|
|
Bully OnLine |
UK |
|
Tim Fields, a world authority on bullying |
|
Solutions Newsletter Family Services Employee Assistance Programs |
Canada |
Harassment comes in many forms. It can
include words, gestures,
intimidation, inappropriate comments, threats, displaying sexist or
racist pictures, and even physical violence. In general, harassment is
any unwelcome behaviour that demeans, embarrasses, humiliates,
annoys, alarms or verbally abuses a person. (Definition from the
Canadian Centre for Occupational Health and Safety web site.) |
|
|
Dealing with bullying at work |
UK |
Being bullied makes people feel
vulnerable, isolated and frustrated, and may lead to stress related
illnesses like constant headaches, loss of weight, ulcers or kidney
problems. It affects relationships with family and friends: |
|
|
Adult Bullying - a problem of relational violence |
Canada |
This page by
Joseph Cooper provides a very good description of the problem of adult
bullying (mobbing) as well as information and resources to help us to
begin to address it. |
|
|
Am I being
bullied? |
UK |
and the lifesaving page linking health
symptoms and experiencing bullying behaviour at work is here:
|
|
|
Mobbing & Bullying Nova Scotia |
Canada |
This site by
Stephen Bruce O'Handley provides an overview of the mobbing process and
answers many questions related to workplace bullying and its
consequences. |
|
| jfo-
targeting bullying |
|
jfo (just fight
on) is a worldwide community project dedicated to helping and promoting
targets of workplace bullying. |
|
|
Support Group Network |
|
The Support Group
Network (hosted by jfo) has one primary aim - to effectively help
targets of workplace bullying. |
|
|
Freedom to Care |
|
The UK's first
whistleblower support group (1991), Promoting the expression of social
conscience in the workplace, public accountability, ethics at work and
supporting whistleblowers and whistle blowing. Providing free
information on professional ethics, bullying at work, corporate
responsibility, social and ethical accounting and auditing - especially
in health care, nursing, social work, police, financial services,
government, education, science and environmental protection.
|
|
|
Bullying in the Workplace |
Canada |
Examples include:
- spreading malicious rumours, gossip, or innuendo
that is not true
- excluding or isolating someone socially
- intimidating a person
- undermining or deliberately impeding a person's
work
- physically abusing or threatening abuse
- removing areas of responsibilities without cause
- constantly changing work guidelines establishing
impossible deadlines that will set up the individual to fail
- withholding necessary information or purposefully
giving the wrong information
- making jokes that are 'obviously offensive' by
spoken word or e-mail i
- ntruding on a person's privacy by pestering,
spying or stalking
- assigning unreasonable duties or workload which
are unfavourable to one person (in a way that creates unnecessary
pressure)
- underwork - creating a feeling of uselessness
yelling or using profanity
- criticising a person persistently or constantly
belittling a person's opinions unwarranted (or undeserved)
punishment
- blocking applications for training, leave or
promotion
- tampering with a person's personal belongings or
work equipment.
BACK TO TOP |
Canadian Centre for Occupational Health
and Safety |
|
Psychological Harassment Information Association
|
Canada |
This website was created to provide
information about psychological harassment and its many forms. It also
exposes psychological harassment and different psychological
manipulations used to target individuals. |
|
|
Help with difficult boss problems |
Canada
Posted 10JUL06 |
Badbossology.com features completely free
access to over 1200 articles and resources on solving problems with
difficult managers. To get started, we suggest that you review each of
the types of resources below.
DID YOU KNOW: you can safely email site material
anonymously - just click on any content item's "Email Link" option for
details and a preview.
|
Badbossology.com |
|
DAWN - Dignity At Work Now |
|
Anti-Bullying in
the Workplace Support and Campaign Group
|
|
|
Workplace Bullying.com |
|
The portal to
their full featured and secure forums.
|
|
|
What's
Going On With Mobbing, Bullying And Work Harassment Internationally
|
Canada |
Hundreds of millions of dollars a year in absenteeism, employee
satisfaction, customer satisfaction, product quality and productivity.
[Joel Neuman, director of the Center for Applied Management, SUNY]
|
Just Fight On |
|
The Andrea Adams Trust |
|
As a
non-political, non-profit making charity they are working to reduce the
incidences of bullying in the workplace through their advice lines,
publications, services and specialist consultancy services and training
programmes. |
|
|
The American Nerd Association |
|
The American Nerd
Association works to promote equality and human rights. We seek
diversity and promote tolerance. We believe in the inherent value of
every human being, and in the absolute right of everyone to respect and
dignity. |
|
|
stopmobbing.it |
Italy |
PARAMAFIA VIOLENCE
OF MOBBING: the Company fires a clerk who has become inconvenient. This
Italian site provides information about mobbing and advise for targets.
|
|
|
Canada
Safety Council |
Canada |
Canada's Voice and Resource for Safety |
|
|
beyondbullying.co.nz |
New Zealand |
Advocating zero
tolerance to workplace bullying in New Zealand.
|
|
|
FACE Intel |
|
The mission of the
Former And Current Employees of Intel is to influence positive human
resource policies and practices and create true long-term employment
opportunities at Intel. To influence Intel to abolish its predatory
Ranking and Rating system and replace it with a true performance review
system, which only be based on merits of employees performance. To
Influence Intel to stop age, disability, gender, race, and ethnicity
discriminations. |
|
Workplace Mobbing in Academe
|
Canada |
Professor Kenneth
Westhues, University of Waterloo, provides sage advise to those being
mobbed in academic circles. |
|
|
"The Difficult Professor," a Pernicious Concept |
Canada |
Professor Kenneth
Westhues, University of Waterloo, addresses the inappropriate labeling
of mobbing targets as "difficult people", or in the case of academe,
"Difficult Professors". |
|
|
What's Going on with Mobbing Bullying and Work Harassment
Internationally |
|
Article by Susan
Dunn describes the status of mobbing around the world. |
|
|
Bullying at work- another form of workplace violence |
|
Edmond Harnden LLP
article describes mobbing and some of its legal consequences. |
|
| Alberta
Civil Liberties Research Centre, Canada |
Canada |
BACK TO TOP |
|
|
Bullying in Canada National Strategy on Community Safety and Crime
Prevention |
Canada |
Canadians are
concerned with the level of violence in today's society, the safety of
their communities, and the welfare of their children. As we know, too
many children are victims of violence and aggression in the schoolyard,
the playground and elsewhere. Some studies indicate that violent
behaviour of young people is increasing, that the violence is directed
at other young people, and that the violence is committed by younger
people than was the case in the past. |
Public Safety and Emergency Preparedness
Canada |
|
Psychological Harassment at Work |
Canada |
- What is psychological harassment in the work
place?
- A few common ways in which harassment is
expressed
- Management rights and normal conditions of
employment
- Prevention first
- Sound management practices
- What should you do in the event of psychological
harassment at work?
|
Commission des normes du travail (Quebec) |
|
Understanding
bullying in the workplace |
Canada |
"Not only would they not talk to me, but
became aggressive and punitive with anyone who did. I found out from
others that they were spreading malicious rumours about me." |
By Susan Shaw, Director of the Office for
the Prevention of Discrimination and Harassment |
|
Workplace bullying: Escalated incivility |
Canada |
|
by Garie Namie |
|
Trade Union
Congress |
UK |
Usually, if you genuinely feel you are
being singled out for unfair treatment by a boss or colleague, you are
probably being bullied. Although there is no comprehensive list of
bullying behaviours, and there is no one type of person who is likely to
be a bully, the list below should give an idea of some behaviour which
constitutes workplace bullying. |
Trade Union Congress |
|
b-free.ca |
Canada |
Bullying is defined as a conscious,
willful, deliberate and repeated hostile activity marked by an imbalance
of power, intent to harm, and/or a threat of aggression. When bullying
goes from bad to worse, it may lead to a feeling of terror on the part
of the individual being bullied. |
|
| SafeCanada.ca |
Canada |
 |
Bullying |
|
|
|
| FROM THE PLAYGROUND TO THE WORKPLACE,
BULLYING HAPPENS BECAUSE IT'S ALLOWED |
|
This employee felt alienated and abused
by the behaviour of her colleagues and disheartened by the inaction of
others in the department. Although this behaviour may seem obvious, many
activities of the bullies were conducted in a subtle and devious manner.
In addition to the cold shoulder, her point of view was either not
listened to or belittled. People whose confidence and self-esteem have
been exposed to subtle, devious harassment find it immensely difficult
to confront the bullies. It can also be difficult for others to identify
such behaviour. Men and women enduring less obvious bullying can feel
confused, even paranoid, because of the unpredictability and
irrationality of the behaviour. They can use up emotional and mental
resources trying to figure out what's going on and how to defend
themselves. |
The Ring posted July 15, 2006 |
|
Legal
BACK TO TOP |
|
Libel and Slander |
Canadian |
Supreme Court of Canada |
|
|
Supreme
Court of Canada Reports of Published Judgments |
Canadian |
This service is provided through a joint
project between the Supreme Court of Canada and the LexUM team of the
Centre de recherche en droit public at University of Montreal. The
collection available currently goes back to 1985. (Credit : source of
the illustration) |
|
|
Employers Face More Changes in Canadian Employment Law |
Canadian |
Record-setting wrongful dismissal awards,
a rise in harassment claims and the elimination of mandatory retirement
are just some of the developments that should prompt employers with
operations in Canada to take a fresh look at their employment policies
and programs. |
Osler |
|
Canadian Labour Law |
Canadian |
A number of labour law links compiled by
ceiu.net |
|
|
Stalking and Criminal
Harassment |
Canadian |
Criminal harassment is the legal term for stalking, which is a form of
behaviour. It was introduced into Canada’s Criminal Code in April
1993. The purpose of the legislation is to better protect victims of
criminal harassment by responding to harassing behaviour with stiffer
penalties before more serious harm results. It is defined in section 264
of the Criminal Code as follows: |
|
|
Bullying.ca |
Canadian |
The different forms of bullying usually
fall into one or more of the following categories:
Uttering threats (Section 264.1 of the Criminal Code)
Assault (Section 265 of the Criminal Code) Aggravated assault (Section
268 of the Criminal Code)
All of which are offences punishable by the court of
law. |
|
|
From
Words to Weapons |
Canadian |
Legal redress, Human Rights, Occupational
Health and Safety Act, Constructive Dismissal, Intentional Infliction of
Nervous Shock. |
|
|
Access to
Justice Network |
Canadian |
|
|
|
Law can offer some protection against bullies |
Canadian |
"Your workplace is a near perfect host
environment for bullies. The politics, the variable power that comes
with any given position, and the constant struggle to be recognized and
rewarded all contribute to people using or abusing a given situation in
order to bully, harass or manipulate colleagues in the workplace.
Bullying is one of the most dysfunctional aspects of workplace
behaviour, and one of the most common. " |
|
|
Canadian Initiative
on Workplace Violence |
Canadian |
"The legislative landscape as it applies
to workplace violence within Canada is changing. Governments at all
levels are looking seriously at the issue of workplace aggression and
ways that they can protect employees. In this section we will keep you
abreast of legislative changes as they happen throughout Canada." |
|
|
Shah vs Xerox Canada |
Canada |
Wrongful dismissal |
|
|
Canadian
Legal Information on Line |
Canada |
There certainly is no shortage of
Canadian legal information on the Web. The big problem is wading through
the mass of legal information that is available to find reliable
sources. Here are some good places to start. Please note that the
standard warning applies to all these law resources - they are for
general information purposes only. If you have a specific legal problem,
please consult a lawyer. |
|
|
Duhaime's
Employment and Labour Law |
Canada |
This general legal information is
provided free of charge, for the time being, by Lloyd Duhaime
(practicing law with Duhaime Law), Barrister & Solicitor, situated in
Victoria, British Columbia, as a public service. This is not legal
advice but, rather, general legal information. This information is
shared with the public on the condition that to it is attached no
warranty whatsoever with regards to its accuracy and any use in actual
legal situations in done entirely at the sole risk of the user.
|
|
|
Employment Law
|
Canada |
Excellent! It's all here |
|
| Wrongful
Dismissal |
Canada |
IF YOU HAVE BEEN DISMISSED, DO NOT SIGN
ANYTHING FROM YOUR EMPLOYER UNTIL YOU HAVE OBTAINED PROPER LEGAL ADVICE. |
|
|
What is wrongful dismissal |
Canada |
|
|
|
Employment Insurance - Digest of Benefit Entitlement Principles |
Canada |
The Digest of Benefit Entitlement
Principles, commonly called the Digest, contains the principles applied
by Human Resources Development Canada when making decisions on claims
for benefit under the Employment Insurance legislation. It is intended
as a reference tool for all users, including those without a legal
background or knowledge of employment insurance. |
Human Resources Skills Development Canada
(Service Canada) |
|
Employment
Insurance - Voluntary leaving employment with just cause |
Canada |
Digest of Benefit Entitlement Principles
Chapter 6 |
Human Resources Skills Development Canada
(Service Canada) |
|
From
Words to Weapons |
Canada |
Broadly speaking there may be legal
redress on civil grounds, or on a demonstration that legislation has
been willfully breached. In considering or taking such action,
individuals are strongly encouraged to consult with qualified legal
counsel.
On the regulatory side, victims should consider their
rights and responsibilities under the prevailing Human Rights Code or
Occupational Health & Safety Act.
|
Canadian Initiative
on Workplace Violence |
|
See Bullying and Canadian Law pdf
|
Canada |
- Shah vs Xerox - Constructive Dismissal
- Paitich v. Clarke Institute of Psychiatry -
Constructive Dismissal
- Boothman v. Canada - Boothman vs Canada -
Intentional Infliction of Nervous Shock
- Prinzo v. Baycrest Centre for Geriatric Care -
Intentional Infliction of Nervous Shock
- Clark v. Canada - negligent and intentional
Infliction of Nervous Shock
- Defamation
|
Lauren M. Bernardi
Lawyer, Human Resource Advisor
Bernardi Stewart Scholz |
|
Federal and Provincial
Case Law |
Canada |
Decisions - Excellent Resource |
Department of Justice Canada |
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Case summaries regarding bullying |
Canada |
Case Law |
Canadian Legal Information Institute |
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Canadian Laws on
Stalking |
Canada |
Criminal Harassment |
Criminal Code |
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Prevention
and Resolution of Harassment in the Workplace |
Canada |
Harassment is defined as...
Any improper conduct by an individual, that is
directed at and offensive to another person or persons in the workplace,
and that the individual knew or ought reasonably to have known would
cause offence or harm. It comprises any objectionable act, comment or
display that demeans, belittles, or causes personal humiliation or
embarrassment, and any act of intimidation or threat. It includes
harassment within the meaning of the Canadian Human Rights Act.
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Public Service Human Resources Management
Agency of Canada |
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Former RCMP officer awarded nearly $1 million for harassment
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Canada |
A British Columbia Supreme Court judge
has awarded a former RCMP constable $950,000 in damages for prolonged
harassment by her commanding officer that left her suffering from such
severe depression that she is unlikely to ever work again |
N.S. v. Attorney General of Canada B.C.
Supreme Court Judge George Lamperson
January 19, 2006 (32 pages)
Full text of the
decision: |
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Canadian Laws on
Stalking |
Canada |
Criminal harassment s264. (1) No person
shall, without lawful authority and knowing that another person is
harassed or recklessly as to whether the other person is harassed,
engage in conduct referred to in subsection (2) that causes that other
person reasonably, in all the circumstances, to fear for their safety or
the safety of anyone known to them. |
Posted July 14, 2006 |
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Consequences of Bullying for the
Employer |
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Bullying:
surveys, facts, figures and costs |
UK |
Bullying Surveys |
Tim Field |
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The cost of bullying to your boss. |
UK |
Employers who fail to tackle bullying can
pay a high price |
Trade Union Congress |
Bullying in the Workplace - An acceptable cost?
By Andy Ellis,
Ruskin College, Oxford, UK |
UK |
Over
one million individuals are the victims of violent crimes in the
workplace each year. For comparison reasons, this is said to be around
15% of all violent crimes committed annually in the United States.
Of
specific interest to the topic of workplace bullying, of all the violent
crimes committed in the workplace, 19% were committed by individuals
well known to the victim.
It
was estimated that aggression in the workplace caused some 500,000
workers to miss 1,751,000 work days annually or 3.5 days per incident.
This loss of working days equated to $55 million in lost wages.
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Randy Ellis |
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High
price for workplace "pranks" |
Australia |
Australian courts have taken a hard line
in recent cases of workplace harassment. The first incident cost the
apprentice’s employer a $45,000 fine. His supervisor and a co-worker are
facing charges and a civil suit is also pending. His employers may lose
as much as half a million dollars because of their failure to provide a
safe working environment.
The second case happened in the early 1980s, but only
ended up in court in March 1999. The complainant was awarded over
$350,000 for his medical bills, loss of income and pain and suffering.
The company denied liability, claiming the attacks never occurred. The
judge found the company had inculcated a "culture of intimidation" and
that there had been a "collusive closing of ranks in defence of the
company".
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SEEK - Australia's #1 job site |
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Workplace Bullying:
Information for Employers |
Australia |
Bullying in
your workplace is bad for business. Some of the costs it may incur are: |
Bullying!! |
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When the
Schoolyard Bully Graduates |
Canada |
An employee, Kavanagh,
of the Government of Newfoundland was harassed, bullied, and subjected
to emotional and physical violence by fellow employees with the full
knowledge of management. The case went to
court Kavanagh was awarded damages of almost $875,000 (More details
at:
http://www.hra.ca/newsletter/newsletter_preview.cfm?id=54) |
The Canadian Association Editor Wayne
Amundson |
| The
Work Doctor |
Canada and USA |
We are leading the North American
business revolution that finally combats destructive, psychological
harassment at work.
The practice of worker-on-worker aggression is not
new. Dealing with it strategically, firmly and ethically is the bold new
approach, common to all industrialized nations, except for the U.S. and
Canada (Quebec is the lone exception).
Bullies are too expensive to keep! They purge your
best and brightest staff, terrorize survivors, and actually prevent work
from getting done at all.
It is hard for most executives to let bullies go.
Engage The Work Doctor® consultants to have productivity skyrocket and
employment practices liability plummet.
Traditional harassment and conflict consultants can't
help. If they had recognized the bullying and known what to do, they
would have fixed your problem long ago.
Start the partnership today for the sake of your
organization and the staff who count on true executive leadership.
Become a Healthy, Great Workplace.
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Workplace Bullying Consulting and
Training Services |
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Bullying and Harassment at Work: A Guide for Managers and Employers |
UK |
Why do employers need to take action on
bullying and harassment?
Bullying and harassment are not only unacceptable on
moral grounds but may, if unchecked or badly handled, create serious
problems for an organisation including:
• poor morale and poor employee relations • loss of
respect for managers and supervisors • poor performance • lost
productivity • absence • resignations • damage to company reputation •
tribunal and other court cases and payment of unlimited compensation.
It is in every employer’s interests to promote a safe,
healthy and fair environment in which people can work. |
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"Social science research is
showing that Canadians in particular, and citizens all around the world, are
increasingly becoming victim of Adult Bullying - a form of violent
anti-social behaviour that hides behind societal norms and institutional
rules. We are told that "its part of the job" to have to take such abuse,
and that "we" must simply accept it and develop a "thick skin". Yet the
truth of the matter is that such behaviour and attacks are as damaging to
the mind and body as if they were physical.
We are seeing an epidemic today of people using their
power and position to deliberately hurt people in order to control them, and
do so by "staying with in the rules". The rules say "no physical contact or
direct attack", so what these people have done is to work "between" the
rules of society and wreck havoc and pain in order to achieve their ends -
which is control. It is not behaviour that is specifically male either. It
is practised by both sexes on an almost equal basis, though male behaviour
will more often escalate into sexual assault and other forms of overt
physical violence."
From
the
new Canadian Site mobbing.ca - posted 11
August 2004
Mobbing is the systematic destruction of an individual's
identity, self-respect and self-esteem through the repeated violation of
their dignity in private and in front of others. Bullying hurts the
individual, their relationships, their marriages, their families, their
social lives. The destruction of personal confidence limits opportunities to
function in society or continue in full employment. Bullying causes
depression, anxiety, complex post-traumtic stress disorder (PTSD) lasting
months, years or for the remainder of a lifetime. Bullying is one of the
leading causes of alcohol and substance abuse, suicide, and other
self-harming and destructive behaviours.
Bullying is usually perpetrated by sad and inadequate
individuals who are lacking in emotional empathy and incapable of
comprehending the destructiveness of their behaviour, but perpetuated by
employers and colleagues who either choose to do nothing or (in some
organisations) actively encourage "strong management" that offers
unrealistic goals at the expense of employees' mental and physical
well-being. Such views are misguided because bullying is, ultimately,
destructive to all, including the organisation's welfare.
Read More
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"...the destructive
thing about bullies from an organizational point of view is that they tend
to target your best and brightest workers: those who are technically
competent, independent, possess good social skills and have strong ethics
(and thus may be whistleblowers)."
Read
More
"The effects of bullying lead to a sense of
helplessness, inadequacy, confusion, anxiety, tiredness, disorganization at
work, lowered self-esteem and depression".
Dr. Maurice
Lipsedge, Honorary Consultant Psychiatrist, Guy’s Hospital.
"We know that those
employers who do not tackle harassment at work pay a high price - in lost
productivity, low morale and high staff turnover. Our survey shows simply
having a policy in place is not enough - employers and
unions must actively promote it."
John Monks
"Silence and shame ensure that bullying will
never stop. We must work to uncover and reverse the atrocities, one person,
one company and one law at a time."
From: "The Bully at Work: What You Can Do to
Stop the Hurt and Reclaim Your Dignity On the Job." by Gary and Ruth Namie
Read
More
Effects of Workplace Bullying on the
Organization
"There is
general consensus that workplace bullying results in negative and
destructive organizational effects. These include reduced commitment, higher
absenteeism, high personnel turnover, lack of employee motivation, reduced
enthusiasm, less creativity, vision, loyalty, job satisfaction and morale.
When employees have to protect themselves in abusive workplaces they have
little time or mental energy for productivity. Abuse makes them
disillusioned, exhausted, and burnt-out. These are hardly the ingredients of
an effective workplace."
From:
Effects of Workplace Bullying on the Victim - Janinta
Kitt
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The Five Pillars of Managerial Stupidity
As a supervisor, you learn quickly that there are certain
actions that should never be taken with employees, no matter how angry you
get or how “in the right” you believe you are. Call them the Five Pillars of
Managerial Stupidity:
- Humiliation. Publicly disciplining an employee.
- Sabotage. Withholding information.
- Intimidation. Making threats or delivering
ultimatums.
- Harassment. Using vile or offensive language or
behavior.
- Constructive discharge. Making life miserable for an
employee in an attempt to get him or her to resign.
Each of the Five Pillars of Stupidity is
an overt action from which employees can try to obtain relief through
the formal grievance process. They can go to the human resources office
or a labor union and document times and places where they believe they
were treated unjustly, and identify witnesses who observed the actions.
Read More
Bosses from Hell and What You can Learn from
Them
"If you've morphed into a boss
from hell, you're going to lose more than a popularity contest. Mean or
devious bosses will "experience low productivity, employees who will not
make decisions, high turnover and ..."
Read More
BACK TO TOP
Sunday, 07April, 2002
AN EXAMPLE

An
employer calls a person into their office and closes the door. No one
else is in the room except the two people. The employer proceeds to
berate the employee about their performance in very personal terms. Each
time the employee try's to defend themselves they are cut off, and
hanging in the air is a sense that if any attempt is made to fight back
the person will be disciplined further, including being fired. The
employer goes on and on about the faults of the employee, with the
result being that the employee feels intense emotional pain from the
experience. The employee notices that the employer is sitting behind a
large desk and is sitting in an equally large chair, while their own is
set out in the middle of the room, and is small by comparison. A call
comes in for the employer, who ignores the employee while taking it. All
the while that the employer is on the phone call the tone used with the
person on the other end is pleasant and friendly, but when the call is
finished, the tirade continues as if it did not end. In fact the
transition between the pleasant tone and the disciplinary one is
instantaneous. The meeting ends with the employer saying that a letter
will be placed into the employees file outlining all that has been said,
while not offering to show the person its content. The employee then is
sent back to their work, which they are required to continue as if
nothing unusual has happened.
The
disciplined person then returns to their desk feeling nauseous and
disoriented. A sense of physical weakness comes over them from the
effects of stress, and they are unable to focus their eyes on the work
in front of them. It is hard for them to concentrate, and they are in a
state of anxiety about doing something wrong. This feeling intensifies
when they find that a memo is sent out to all employees in the company
warning them to no do the things that disciplined employed has been
chastised for, and while that person is not named, that person still
feels as if they have been publicly humiliated. When they go home that
night they are emotionally distant from their family, and
uncommunicative about their experiences. Possibly that night they will
not be able to sleep, reliving the events that took place that day. Days
after the event they are still playing it out in their mind, and often
find themselves fantasizing about the incident, trying to fight back
against the person who humiliated them.
While they may not talk about the feelings that they have in connection
with the incident, they still show many outward symptoms. Fatigue, lack
of spontaneity, irritability, and quick tempers are often displayed in
ways that are out of proportion with what is taking place around them.
They may also come to display acts of bullying themselves, as they try
and regain a sense of their own personal power by emulating the person
who humiliated them. Often their friends or family ask them what is
wrong, they may tell them. Most often, though, they will be told to
"buck up" and put the incident behind them. "Don't take it so
personally" they are told, and it is suggested that they "get a thick
skin". In general the main suggestion is to leave the job if they can't
get along with the boss. If any suggestion is made that maybe the boss
is wrong, they are told "That's the persons right as a boss". What
generally follows is the advice that if they do not like the treatment,
they should leave the job. Quite often this is the eventual solution
that they find for their situation, though the emotional pain and
discomfort does not leave them even in their new job.
The problem is that this situation is considered by many people to be
a normal and acceptable part of the working world. This attitude is,
however, completely
wrong ! Social science research is showing that Canadians in
particular, and citizens all around the world, are increasingly becoming
victim of Adult Bullying - a form of violent anti-social behaviour that
hides behind societal norms and institutional rules. We are told that
"its part of the job" to have to take such abuse, and that "we" must
simply accept it and develop a "thick skin". Yet the truth of the matter
is that such behaviour and attacks are as damaging to the mind and body
as if they were physical. -
from Adult Bullying
- A Problem of Relational Violence
BACK TO TOP
From our Deputy Ministers on
Harassment in the Workplace - May 26, 2000
(this is an
INTRAnet link)
In HRDC, we strive for a work environment that
supports productivity and the personal goals, dignity and self-esteem of
every employee. Harassment in the workplace will not be tolerated
And, in defining harassment they add:
It comprises objectionable conduct, comment or
display made either one-time or on a continuous basis that demeans,
belittles, or causes personal humiliation or embarrassment to an employee.
Abuse of authority, another form of harassment, occurs when an individual
improperly uses the power and authority inherent in his or her position to
endanger an employee’s job, undermine the performance of that job, threaten
the economic livelihood of the employee, or in any way interfere with, or
influence the career of the employee.

(a) Managers are expected to lead by example and to act respectfully in
dealings with employees and other persons working for the Public Service.
(b) They can expect to have access to learning opportunities on the
prevention and resolution of harassment and in conflict resolution.
(c) They are expected to ensure that employees are aware of the policy
and to remind them of its contents as deemed necessary.
(d) They are expected to ensure that employees have access to learning
opportunities on the prevention and resolution of harassment in the
workplace.
(e) They are expected to intervene promptly when they become aware of
improper or offensive conduct and to involve the parties in resolving the
problem.
(f) They are expected to address any alleged harassment of which they are
aware, whether or not a complaint has been made. This applies to situations
that involve employees as well as other persons working for the Public
Service.
(g) They are expected to handle all harassment situations confidentially
and to ensure that others act accordingly.
(h) They are expected to address the needs of the parties concerned and
the working unit following a complaint with the assistance of a specialist
as needed, in order to establish or re-establish harmonious working
relationships.
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Click here
for the the world's largest Internet resource
on bullying - Tim Field

See Bullying and
Canadian Law pdf
…bullying
is so key to maintaining control by employers, politicians and other people
of authority. It is clear that these people do not want their authority to
be challenged, and they will be very aggressive when confronted. - Joseph
Cooper
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From
The Typical Cost
of Bullying (United Kingdom)
The serial bully impairs the effectiveness of other employees,
so say a further four employees earning £15,000 pa have their performance
impaired by 33% (4*£5000), plus a further eight employees earning £10,000 pa
have their
effectiveness cut by 20%. ie 8*£2000 = £16,000.
Target: £10,000
+4*£5000: £20,000
+8*£2000: £16,000
----------
£46,000
=======
Using a universal currency
converter, this is 104,732.99 Canadian dollars
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Constructive Dismissal
This is where the employee leaves their job due to the employer’s
behaviour. For example, the employer has made the employee’s life very
difficult and the employee feels that they cannot remain in their job.
When this happens the employee’s resignation is treated as an actual
dismissal by the employer, so the employee can claim Unfair Dismissal.
The employer's actions must have amounted to a fundamental breach of
contract. - from
Monster Career
Center
See
also
here for Shah vs Xerox Canada
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From the Canadian Law Times June 19, 2000
See also
Bullying Sites and Links in Canada - Tim Field
GRADUAL DISCIPLINE CAN LEAD TO CONSTRUCTIVE DISMISSAL
A March ruling by the Ontario Court of Appeal held that progressive
discipline, if unjustified, can be viewed as constructive dismissal.
"Employers should make sure they have all their facts in place before
gradually disciplining employees if they want to avoid a constructive
dismissal suit" says Toronto lawyer Howard Levitt, a labour and
employment lawyer with Lang Michener.
The
ruling means employers should investigate performance problems
thoroughly before implementing a series of disciplinary actions. And
they should give employees a chance to respond before proceeding
further.
"When a supervisor wants to discipline an employee, consider first
whether that person has a personality conflict or an axe to grind before
you allow them to go down that road. Determine whether the problem is
legitimate" Levitt says.
Levitt says the ruling in Shah v. Xerox Canada Ltd places the onus
squarely on employers to justify their actions against employees.
In
the ruling, which awarded Viren Shah damages equivalent to 12 months'
notice, the court said the employer's treatment of Shah changed the
essential terms of the employment contract. Shah had worked at Xerox for
more than 12 years.
Levitt says this case is important because it interprets employment law
in a new way by viewing unwarranted and unjustified treatment as
constructive dismissal or as a change to the essential terms of a
contract. The case focused not on specific terms, but on employer
conduct.
The
court said the working environment was made intolerable and that
constituted constructive dismissal. Levitt says the ruling paves the
way for major shifts in the law.
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But be Aware of the
following
Eventually
there is a defining moment when the target asserts their right not to be
bullied, perhaps by filing a grievance. At this point, the bullying moves into
phase two which is elimination. The human resources department and management
are hoodwinked by the bully into seeing the target as an underperformer who
needs to be got rid of. The employer is deceived into becoming the bully’s
instrument of harassment and the bully gains gratification from encouraging the
employer and employee to engage in adversarial interaction and destructive
conflict. In this respect the employer becomes an unwitting victim too.
After the
target is eliminated (through forced resignation, redundancy, unfair dismissal
or ill-health retirement) there’s a pause lasting between two and 14 days whilst
another target is selected and the process starts again. In some cases the
serial bully has simultaneous multiple targets whilst in other cases the
bullying of another target starts before the departure of their predecessor.
In the
majority of cases, the bullying that comes to light is only the tip of an
iceberg of wrongdoing. From lying on their CV to falsifying the circumstances
around the departure from their previous job, the serial bully is almost always
misappropriating budgets, leaking confidential information, breaching rules and
regulations and codes of conduct whilst making false claims about their own work
and achievements. Indiscretion, maladministration, malpractice and negligence
are also common. But often, glib, superficial charm combined with an exceptional
verbal facility ensure that the serial bully is able to talk their way out of
every corner. -
from
Accounting and Business
The truth is incontrovertible, malice may
attack it, ignorance may deride it, but in the end; there it is. – Sir
Winston Churchill
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An Open Letter to our Leadership
by
Bob Aplin, President Local 20947 (Nanaimo,
BC) and Vancouver Island Coordinator for this web site.
The
concept of adult bullying resides where sexual and racial harassment did
three decades ago. Nevertheless, it is very much alive and real. It has
always been there, but now it has a name. It is the elusive specter that
stalks and follows us home where it will intrude on our lives, terrorize
our spirit, endanger our physical health and split asunder our families from
unrelenting stress. How many weekends and how many evenings have been
ruined due to events that occur in our workaday world? What is the cost to
employers and the public? What is the cost in terms of the human spirit?
If you are a leader, ask how much time has been lost to
stress under your sphere of responsibility. How much does this cost our
employer in terms of productivity, What is the human cost? What is the
financial cost? What is the cost to our clients? What has the human
turnover been in your work unit? How much responsibility is yours?
Are you a bully or an unwitting bully? Have you led or participated in
mobbing behaviour. Have you ever attempted to "get rid of" an employee
using these tactics? If so, have you been successful? Have you considered
the anguish that your conduct has inflicted on another person? Only you can
self-identify. If you feel peace in spite of these actions you should not
be a custodian of others.
Three nights per week in the gym, a sharp crease in the
trouser, and an expensive haircut create an image, not a leader. Images are
shadows that fade at the end of the day. Who will follow you into the
darkness? You can manipulate perception with words and images. They may
actually become reality for a time, but in the end the truth will shine
through a veil of duplicity and you will be exposed for who you are. If you
are this person, speak not of a "Workplace of Choice" when hypocrisy grins
over your shoulder.
The smallest indivisible and most valuable component in the
workplace is also the most fragile. It is the human spirit. Treat it
gently. Do not squander the valuable human resources you have at your
disposal. Endeavour to instill self confidence and pride in each individual
that is a building block of your work unit. Provide opportunity for
growth. Create a climate of good will and harmony. Each positive step is a
an investment in tomorrow and a tribute to your growth as a leader.
If you review and study the links provided above you will
have taken the giant leap to manage in the spirit Treasury Board intended.
Moreover, if you begin to practice this type of leadership you will be
followed. We, your employees are much, much wiser than some think. We
often see a great disparity between what you say and how you practice your
leadership skills. We have many eyes and ears. We will watch and listen
and, most of all, we will hope.
2 TOUGH QUESTIONS AND SOME FOOD FOR THOUGHT:
Question 1: If you knew a woman who was pregnant, who had 8 kids already,
three who were deaf, two who were blind, one mentally retarded, and she had
syphilis, would you recommend that she have an abortion? Read the next question
before looking at the response for this one.
Question 2: It is time to elect a new world leader, and only your vote
counts. Here are the facts about the three candidates.
Candidate A.
Associates with crooked politicians, and consults with an astrologer.
He's had two mistresses.
He also chain smokes and drinks 8 to 10 martinis a day.
Candidate B.
He was kicked out of office twice, sleeps until noon, used opium in college
and drinks a quart of whiskey every evening.
Candidate C He is a decorated war hero. He's a vegetarian, doesn't smoke,
drinks an occasional beer and never cheated on his wife. Which of these
candidates would be your choice? Decide first... no peeking, then scroll down
for the response.
Candidate A is Franklin D. Roosevelt Candidate B is Winston Churchill
Candidate C is Adolph Hitler
And, by the way, on your answer to the abortion question: If you said YES,
you just killed Beethoven.
Pretty interesting isn't it? Makes a person think before judging someone.
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