Victims of sexual violence in higher education institutions in the province can now know the sanctions imposed on their aggressor. But not all complainants will have the right time: universities refuse to reveal the sanctions retroactively.
The Privacy Act previously prevented institutions from disclosing information about the subject of a complaint. But a legislative amendment — the addition of a paragraph to Article 4 of the Law to prevent and combat sexual violence in higher education establishments — came into force on September 22. Individuals who request it can now find out if a sanction has been imposed and, if so, the details of it.
Six Quebec universities contacted by The duty have recently changed their policy to comply with these new guidelines or are in the process of doing so. But at McGill University, the University of Sherbrooke (UdeS) and the École de technologie supérieure (ETS), the modification will not be retroactive. A person who filed a complaint a few years ago, for example, may not be able to know the outcome of the investigation.
“It’s a pity that the first ones who paved the way by filing a complaint cannot all have access to the information. It’s a question of fairness, ”laments Mélanie Lemay, co-founder of the Quebec collective against sexual violence.
“I’m not surprised that universities don’t want to make it retroactive,” adds Alexandra Dupuy, doctoral student in linguistics at the University of Montreal (UdeM). “It could possibly damage their reputation. This culture of silence, there are institutions that have every interest in maintaining it. »
Véronique Pronovost, who told the To have to the aggression she suffered ten years ago and who campaigned for this legislative change, recently made a request to the University of Quebec in Montreal (UQAM) to find out the sanction imposed on her abuser, a teacher. However, this might not be possible. Contacted by The duty, UQAM has indicated that it is “looking into this question” and that it “intends to comply” with the law. Laval University, for its part, has not yet decided either and “is currently carrying out the required consultations with its authorities”.
“I do not understand the decision of universities to once again add a brake,” says Véronique Pronovost. “We need to rebuild trust with the university community and give people who have complained the feeling of coming full circle. »
Opposing interpretations
At UdeM, on the other hand, retroactivity will be applied “without time limit”. “We want to have as much transparency as possible with what the laws and regulations allow us to do,” explains spokesperson Geneviève O’Meara.
Universities that refuse to reveal the sanctions that preceded the legislative change interpret it differently. “For a law to be applied retroactively, the Legislator must have expressly provided for it in its text of the law”, writes the ETS. “Policies almost never apply retroactively,” says McGill University.
This lack of uniformity disturbs former PQ MP Martin Ouellet, who tabled the amendment in February 2021. The former elected official does not remember that retroactivity was discussed and, according to what The duty has been able to observe, the question was not debated during the detailed study of Bill 64. Martin Ouellet also denounces a “prejudicial difference”, especially since “the intention was that it be the same thing for everyone in the universities”.
“We do not do justice to the fight of the plaintiffs. Why does one university find it necessary to do this and not the others? This raises the question of what is being done to restore trust. »
Although she understands the two opposing positions, Rachel Chagnon, a law professor at UQAM, hopes that UdeM’s approach will be popular. “Regardless of the time in time, the university must communicate the information relating to the outcome of the complaint,” she says. “In section 4 of the Act, there is no distinction between ongoing and closed complaints. And there is nothing that says that there are time limits in relation to the obligations of universities. »
“We should see if the people whose case is settled have an acquired right that the information in their file is not revealed to a third party, and if that would cause harm,” she adds.
In a Questions and Answers type document sent to the leaders of all Quebec universities after a meeting on June 9, and of which The duty obtained a copy, the Ministry of Higher Education notes that the new provision “does not provide for any time limit for making a request for information”.
Asked to comment, the ministry adds that “the request of a complainant made as of September 22, 2022 could target any complaint filed before that date, in accordance with the establishment’s policy adopted in accordance with law P-22.1”. “It is the responsibility of educational institutions to obtain legal advice to guide them in the application of the law,” it adds.