Written by Coral Lyster, Lawyer, SHARP Workplaces at Community Legal Assistance Society
International Day of Mourning Background
Community Legal Assistance Society or (“CLAS”) recognizes the National Day of Mourning which is observed every year in Canada on April 28th. The day is meant to honour the memory of workers who have been killed, injured or suffered illness as a result of work related incidents. The Day of Mourning was first recognized by the Canadian Labour Congress in 1984[1]. On April 28th, 1991 the federal government officially proclaimed the National Day of Mourning.[2] Canada was the first nation to recognize the Day of Mourning, with many other countries around the world now observing the day around the world.[3]
Honouring Survivors and Those We’ve Lost
The Day of Mourning is not only to remember workers we have lost, but to honour those who have survived injury and suffered illness, as a result of work related incidents. It is important to remember that workplace injury and illness can manifest in a variety of ways, including injuries and illness to mental health. At SHARP Workplaces, our lawyers provide free and confidential legal advice to anyone who has experienced, or is experiencing workplace sexual harassment at workplaces in BC. On this day, the SHARP Workplaces team would like to especially acknowledge workers in BC who are survivors of workplace sexual harassment. Workplace sexual harassment can result in injuries and illness that are both visible and invisible.
Workplace sexual harassment can be defined as any unwelcome sexual behavior a worker experiences at work or that has a connection with the workplace. Workplace sexual harassment can encompass a broad variety of unwanted behaviors, some of which may be subtle in nature. An example of subtle harassment can come in the form of microaggressions. Microaggressions can be defined as:
“…the everyday, subtle, intentional — and oftentimes unintentional — interactions or behaviours that communicate some sort of bias toward historically marginalized groups. The difference between microaggressions and overt discrimination or macroaggressions, is that people who commit microaggressions might not even be aware of them.”[4]
Workplace sexual harassment that is less overt can be just as highly traumatic and devastating to those who have experienced it as when the harassment is more overt.
Microaggressions communicate negative messages that marginalize those who are made to feel as if they are not part of the majority. Microaggressions can be explained as having hidden messages, which tend to say the recipient does not belong and/or should try to conform in some way. Microaggressions can be sexualized to target a person’s sex, gender expression or presentation or sexual orientation. Psychology professor Doctor Derald Wing Sue gives the following examples:
“An assertive female manager is labelled as a ‘bitch,’ while her male counterpart is described as ‘a forceful leader.’ (Hidden message: Women should be passive and allow men to be the decision makers.)”[5]
“A young person uses the term ‘gay’ to describe a movie that she didn’t like. (Hidden message: Being gay is associated with negative and undesirable characteristics.)”[6]
As we can see, while microaggressions are a subtle form of workplace sexual harassment, the messages being sent can be profoundly devastating.
When a worker who has experienced workplace sexual harassment has their experience minimized, it adds to the trauma of what they have survived.
“Microaggressions, like all types of discrimination, have a negative impact on our mental health. Social inclusion or connectedness, on the other hand, can promote feelings of attachment and companionship, enhancing one’s sense of purpose and self-esteem.”[7]
The SHARP Workplaces team recognizes social inclusion as important to mental health. It is essential we remember and honour workers whose injury and illness may be less visible but who are suffering as the result of workplace sexual harassment and other less visible workplace caused injury and illness.
International Day of Mourning in BC 2021
This year’s in-person ceremony has been cancelled due to the COVID-19 pandemic. The 2021 Day of Mourning ceremony will be available online at 10:30am, April 28th 2021 at the Day of Mourning website: dayofmourning.bc.ca.[8] Individual workers and employers can take part in Day of Mourning activities in a variety of COVID-19 safe ways. The Day of Mourning can be observed by spreading awareness of the day through social media, observing private or socially-distanced moments of silence, making a dedication to a worker on the Day of Mourning BC virtual wall[9], or visiting a local permanent worker memorial site sponsored by WorkSafeBC, which are located across British Columbia. If you live in British Columbia and need free and confidential referrals to mental health, crisis or other supports, bc211 can help you connect with programs and services in your community 24/7: http://www.bc211.ca/
[1] Day of Mourning-Backgrounder (n.d.). Retrieved April 23, 2021, from Dayofmourning.bc.ca website: https://www.dayofmourning.bc.ca/wp-content/uploads/2021/03/2021DOM_Backgrounder.pdf
[2] Day of Mourning-Backgrounder, above note one.
[3] Day of Mourning-Backgrounder, above note one.
[4] Limbong, A. (2020, June 9). Microaggressions are A big deal: How to talk them out and when to walk away. NPR. Retrieved from https://www.npr.org/2020/06/08/872371063/microaggressions-are-a-big-deal-how-to-talk-them-out-and-when-to-walk-away
[5] Sue, D. W. (N.d.). Microaggressions: More Than Just Race Retrieved April 26, 2021, from Uua.org website: https://www.uua.org/files/pdf/m/microaggressions_by_derald_wing_sue_ph.d._.pdf
[6] Microaggressions: More Than Just Race, above note 5.
[7] Uppala Chandrasekera, C. (2018, March 21). The subtle ways so many people are excluded from daily life. Retrieved April 23, 2021, from Huffingtonpost.ca website: https://www.huffingtonpost.ca/uppala-chandrasekera/microaggressions-mental-health-discrimination-racism_a_23389085/
[8] Get started. (n.d.). Retrieved April 23, 2021, from Dayofmourning.bc.ca website: https://www.dayofmourning.bc.ca/get-started/
[9] Dedication landing – day of mourning. (n.d.). Retrieved April 23, 2021, from Dayofmourning.bc.ca website: https://www.dayofmourning.bc.ca/dedication-landing/
Image is by Annie Spratt on Unsplash
NOTICE: SHARP Workplaces Legal Advice Clinic ceased providing legal services in March 2024 due to an end of funding, and is NOW CLOSED.
If you experienced sexual assault and need legal advice contact Stand Informed legal advice services.