Introduction of Speaking Truth to Power Applicant and Respondent Factums

            The society has given mixed reviewed on the verdict of the judge. Many people raise questions on the Canadian law and said that this ruling would not allow women to come forward in future and tell about their story. Jian Ghomeshi was arrested in 2014 because he was charged with sexual assault. However, he was proved innocent by the court in all five charges. This shows the weakness in putting up strong evidence and other issues that should be resolved by creating new rules and regulations. Such regulations and management should be generated by the government through which the complainant can bring proper evidence so that the judge has enough material for understanding the case. In recent years strict rules have been made in the organisations so that no one can cause sexual harassment at the workplace. Such issues in organisations have decreased after new policies. However, this not means that sexual harassment will not occur in future. There is a need to create awareness in public regarding this issue so that people can understand the severity of the situation. Through this, the problem can be controlled up to a lot of extents. There is also a need to impose heavy fine or punishment for those who commit sexual harassment. People should support the victims and help them to come back to their normal life.

Issues of Speaking Truth to Power Applicant and Respondent Factums

            The government in recent years have taken several steps for mitigating sexual harassment in the workplace and academic institution. However, there is still a lot of room for improvement. For this, society will have to come forward to take stand against this issue. A full-fledged campaign needs to be launched so that people can be aware of this situation. There are still some people who do not speak openly about sexual harassment. Such people often become depressed and unable to live a normal life.

        In recent years strict rules have been made in the organisations so that no one can cause sexual harassment at the workplace. Such issues in organisations have decreased after new policies. However, this not means that sexual harassment will not occur in future. The organisations will have to implement a robust organisational culture were people respect each other and perform their duty ethically. If the organisation culture is going to be a week, then it is not possible to manage the behaviour of every individual efficiently. The issues like sexual assault can be controlled through strong policies, but policies alone will not go to control the problem entirely.

            There is a need to create awareness in public regarding this issue so that people can understand the severity of the situation. Through this, the problem can be controlled up to a lot of extents. There is also a need to impose heavy fine or punishment for those who commit sexual harassment. People should support the victims and help them to come back to their normal life. These people need special support because they have suffered a lot and cannot work correctly if they did not seek medical attention.

            It is essential to focus on this issue and come up with laws which will support the victims. In universities, stable rules and regulations should be imposed to educate and mitigate this issue. In universities, the student should be taught about this issue so that in future this issue can be controlled. It is evident that when people are going to be educated at a very young age, then this issue will not occur in future. Teaching people is one of the best solutions to this problem.  Through education, such issues can be controlled up to a lot of extents. There is a need to create awareness in public regarding this issue so that people can understand the severity of the situation. Through this, the problem can be controlled up to a lot of extents. There is also a need to impose heavy fine or punishment for those who commit sexual harassment.

            Several issues need to be considered to control the problem entirely in society. The 100 million dollar RCMP is not enough for combating the harassment at the workplace. The bullying at work placed can only be controlled effectively when the people are educated about the consequences in the first place. Furthermore strong organisational culture and corporate governance are required to mitigate these issues when the internal control is going to be healthy than the employees will not be going to do any such activity which will affect the performance of the organisation.

            There is a need to improve various things at the workplace and universities to control this issue. Organisations often create strong rules & regulations; however the organisations unable to implement those rules. If the organisations start enforcing their laws, then chances of this issue will reduce.  There is also a need to take feedback from employees to know whether if someone is facing a problem or not. Through feedback, the organisation can make a rational decision and can help its employee more effectively. The HR department can observe its employees and their behaviour and if someone is showing odd behaviour than HR should consult with such employee. Along with government other individuals will also have to take part in mitigating this problem.

Conclusion on Speaking Truth to Power Applicant and Respondent Factums

            If all the above discussion is summarised than it is evident that several issues need to be considered to control the problem entirely in society. The 100 million-dollar RCMP is not enough for combating the harassment at the workplace. The bullying at work placed can only be controlled effectively when the people are educated about the consequences in the first place. Furthermore, strong organisational culture and corporate governance are required to mitigate these issues. When the internal control is going to be reliable than the employees will not be going to do any such activity which will affect the performance of the organisation. Such issues in organisations have decreased after new policies. However, this not means that sexual harassment will not occur in future. The organisations will have to implement a robust organisational culture were people respect each other and perform their duty ethically. If the organisation culture is going to be a week, then it is not possible to manage the behaviour of every individual efficiently. The issues like sexual assault can be controlled through strong policies, but policies alone will not go to control the point altogether. If someone is facing a problem or not. Through feedback, the organisation can take a rational decision and can help its employee more effectively. The HR department can observe its employees and their behaviour and if someone is showing odd behaviour than HR should consult with such employee. Along with government other individuals will also have to take part in mitigating this problem.

Issue

Issue 1: Does the 100 million-dollar RCMP settlement do enough to combat sexual harassment in the workplace?

Issue 2: Should all have the Jian Ghomeshi witnesses been found “not credible” in the “me too era”?

Issue 3: Are Universities and the federal government doing enough to keep their staff and students safe from sexual harassment/sexual assault?

Arguments of Speaking Truth to Power Applicant and Respondent Factums

            At this point in research work, it is imperative to make things very clear and understandable. I have used some strong language and specific terminologies which may be annoying or weird for some people. But let me make it very clear that I don’t have any intention to hurt the feeling of someone or target any specific group of people. I have used these terminologies to simplify things and make it very easy to understand for every reader. I have just discussed the Canadian laws and translate and simplify them according to the methodology which I have adopted for my research work. My discussion and analytical work will help especially the general public to understand the laws of the state, the importance of those laws in the life of an individual and collectively the whole society and the application of those laws by the law enforcement agencies. I have together named this as “law in action.” In my research work, I have to turn my discussion towards a well known but not fully understands term by the society called “feminism.”

            In our general life, we have heard a lot about feminism. Notably, in the modern era, this term has gained a lot of popularity and fame. We have a lot of voices raised on this topic, a considerable number of workshops and movements have started for feminism. Feminism is a comprehensive term; it has a lot of meanings and sense in it. But honestly speaking this term “feminism” has never been understanding correctly by the general public and the institutions working for the rights of women.

            The fundamental and actual purpose for these movements and seminars of feminism is to educate the society about the women rights and equality of the gender. I have specifically named and highlighted some of the individuals and institutions which are working very efficiently working for the women rights and gender equality in the society and educating the general public regarding this issue. But some of the feminist movements start working against each other instead of working for the rights of women and gender equality in society. As the term feminism has got popularity and acceptance by the general public, this issue has dramatically affected the outdated laws of the community and provokes the state institutions to make amendments in the rules regarding women rights but on the other hand as feminism is gaining popularity, there is also a noticeable rise in this criticism and opposition to this issue. So we have both type individuals in our society, those who are with the feminism and also those who are against feminism. I have experienced that there are lots of myths regarding feminism. These myths are not essential but still being followed because feminists do believe in them.

        As moving towards the end, I have to make it clear this research work in not biased and based on genuine research, so it will help other researchers who want to jobs legal aspects of feminism. The primary and one of the most critical issue regarding women rights is a sexual issue. Sexual issue contains sexual inequality, sexual abuse and harassment. Sexual harassment is one of the primary and most common problems in modern society. Females have to face the sexual problem at the workplace as well as domestic sexual violence. According to my sexual harassment is a criminal activity.

            Unluckily as we are moving towards lots of betterments and positives in our society the rate of sexual crime is also increasing very rapidly. Stakeholders of the state should take dangerous actions and make some severe amendments in laws to control the speed of sexual offences.  Having my full focus on sexual crime may make people misunderstand my work and people could say that I m working on the same track as most of the feminists are doing. But the reason for my focus on sexual crime is to highlight this serious issue of our society. I have to make it very clear that my research work has no concern with any such organisation which is raising the feminism.  Generally, people mean sexual crime only when anyone is having sex with someone against the will of that person, or forcing someone for sex. But to me, sexual misconduct includes each n every sexual action of a person which hurts the other one; it does not matter whether that person was having pain or get hurt willingly or unwillingly. Like in brutal sex people says the person is getting pain voluntarily but this is inhuman action to give grief to anyone in any circumstance and it should be considered as a violent act.

        Many sexual activities are understandably sexual crime, without having a concern with the survivor is getting pain or not like in threesome or group sex. And     Canadian law also seconds this school of thought. The term survivor is used for the person who faces sexual crime. Previously people used the term “victim” for the person who suffers any such issue. But to me, a survivor is the ideal word for such a person.

These natural changes are regarded as considerable achievements. Following this, the legal scholars and professionals related to this shed light on the fact that these reforms do not considerably influence the oppressive gender norms, therefore, it is expected that women would have to face more negative effects on their lives.

        Moreover, there is a worry over patriarchy that the legal system needs to give more influence over the legal system to reduce the impact of gender oppression. In this regards, a feminist activist Carol Smart has raised this issue in her book which was published in 1989 and demanded for the power of law through the term used “de-centre law”, and said that there is no need to misunderstand about the force of law that it can provide the solution of gender oppression.

        On the other hand, the Nagire Naffine and Mary Heath believed that the laws could be useful in terms of reforms gives at least a little rise to draw attention towards the gender inequality that offers short term benefits. Another feminist lawyer from Canada argued that there is a considerable difference in the law that is in action and that is in the book regarding the sexual assault.

Following this, she argued that no noticeable difference could be seen in the treatment of sexually assaulted women from the expression of law throughout the system of justice. It is claimed that the women’s movement politics and values removed when the legislation comes from the hands of the agencies and individuals that are far from the women's movement. It is because, during the bill making process in Canada’s original law, there is no one to talk about the women perspective that can influence the judge.

        In the absence of feminist representatives in the legislation process, the lawmakers can only address the issue on the base of assumption but cannot think about it from the depth of their hear that influence the law process. Therefore, the law reforms regarding the sexual assault unable to the important most considerable aspect of the traditional seduction script and so they are unable to bring useful transformations through improvements in sexual assault law.