Responsibility for False Accusations of Sexual Harassment in the Workplace – Québec Courts’ Approach
Québec courts recognize the seriousness of sexual harassment in the workplace and the importance of encouraging victims to come forward. At the same time, they have consistently affirmed that allegations must be made in good faith. False accusations of sexual harassment can cause significant harm to the reputation, dignity, and career of the accused individual, and may engage the civil liability of the complainant where fault, damage, and a causal link are established.
The courts draw a clear distinction between an unproven allegation and a false or malicious one. An allegation that is dismissed for lack of evidence does not, in itself, give rise to liability. However, where the complainant knowingly makes false statements, exaggerates facts, or acts with intent to harm, Québec courts have been willing to find fault under article 1457 of the Civil Code of Québec. Bad faith, recklessness, or an abuse of the right to complain are key elements in this analysis.
Québec jurisprudence emphasizes that the right to file a complaint—whether under the Act respecting labour standards, internal workplace policies, or before administrative tribunals—is not absolute. It must be exercised reasonably and honestly. When a complainant uses the harassment complaint process as a tool for retaliation, personal conflict, or strategic advantage, courts may characterize such conduct as an abuse of rights, opening the door to compensatory damages.
Damages awarded in cases of false accusations may include moral damages for stress, humiliation, and damage to reputation. In particularly serious cases, where the conduct is intentional and unlawful, courts have also considered punitive damages, notably where the false allegations undermine fundamental values such as dignity and psychological integrity protected by the Québec Charter of human rights and freedoms.
Finally, Québec courts seek to strike a careful balance between protecting genuine victims of sexual harassment and safeguarding individuals against unfounded or malicious accusations. Their approach reflects a nuanced understanding of workplace dynamics, aiming to preserve trust in complaint mechanisms while reaffirming that accountability applies equally to those who misuse them.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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