New Tort of Harassment Created in Alberta
The Court of King’s Bench of Alberta has established the tort of harassment in the decision Alberta Health Services v Johnston. The judge found that the defendant’s public targeting of one of the plaintiffs (a public health inspector), triggered by his reaction to her enforcement of COVID-19 public health measures, constituted defamation and harassment. The defendant’s public messaging about the plaintiff included calling her a “terrorist,” an “alcoholic” and saying that taxpayers are paying to get her “loaded.”
While the claim of harassment is already available through the Criminal Code, and human rights and workplace legislation, this decision served to create an actual tort of harassment. In rendering its decision, the Court noted that the creation of this new tort filled a gap in the law. Included in its reasoning was the point that individuals who harass often act with reckless disregard to the consequences of their actions versus having the intention required to satisfy a tort of intentional infliction of mental suffering. In addition, individuals who are subjected to harassment commonly engage in self-preservation avoidance tactics, such as quitting a job or quitting social media, meaning that there is no visible or provable illness arising from the harassment.
Based on the Court’s decision, a defendant has committed the tort of harassment where that person has:
(1) engaged in repeated communications, threats, insults, stalking, or other harassing behaviour in person or through or other means;
(2) that he knew or ought to have known was unwelcome;
(3) which impugn the dignity of the plaintiff, would cause a reasonable person to fear for her safety or the safety of her loved ones, or could foreseeably cause emotional distress; and
(4) caused harm
For more information or employment law advice, contact a lawyer at Turnpenney Milne LLP.