Judge tells Quebec car dealership to rehire man fired for sexual assault conviction

Quebec's labour tribunal has ordered a car dealership in south-central Quebec to rehire an employee it fired following a sexual assault conviction. Quebec's provincial flag flies in Ottawa on June 30, 2020. THE CANADIAN PRESS/Adrian Wyld

MONTREAL — Quebec's labour tribunal has ordered a car dealership in south-central Quebec to rehire an employee it had fired after he was convicted of sexual assault.

Administrative Judge Annie Laprade said the business had failed to show the employee's crime was linked to his job or that the publicity surrounding the case would prevent him from carrying out his responsibilities.

"The employer has not demonstrated an objective link between the convictions of criminal offences and the employee's employment," Laprade wrote. "Even considering the media coverage, they do not have a detrimental, tangible, concrete and real impact on his ability to exercise his functions."

Martin Roussin Bizier was fired from a Ford dealership in Thetford Mines, Que., after he was convicted in January 2024 of sexually assaulting two women during his bachelor party in 2022.

Court documents say he sexually touched two women aged 18 and 19 when they stopped to take photos with him while he was walking with his cousin in Quebec City on the night of his bachelor party, dressed in what the court document describes as "colourful feminine clothing" that attracted attention.

"It was during the photo session that he committed non-consensual sexual touchings on a woman, and one of her acquaintances," Laprade's decision reads. A fight then broke out with one of the victim's friends, during which Roussin Bizier's cousin hit the friend with a cane and injured him, the document states.

The court document says the dealership originally suspended Roussin Bizier following his arrest, but allowed him to return to work in early 2023. He was fired a year later following his conviction on two counts of sexual assault.

Court records show that last month he received a six-month suspended sentence, along with a number of conditions. The sentencing judge noted he had no previous criminal record and deemed his risk of reoffending to be low.

His cousin was convicted of assault for his actions during the fight.

The dealership argued that keeping Roussin Bizier on staff could represent a risk to female clients, who may have to ride in cars alone with him during test drives, and would harm the dealership's reputation since the case had been publicized in the media.

But Laprade rejected their arguments, noting that Quebec's Charter of Human Rights and Freedoms prevents an employer from firing someone solely because of a criminal conviction, unless the offence has a clear and direct connection with the job.

In a decision dated Jan. 31, she noted that the assaults, which happened outside a bar during a bachelor's party, had "nothing to do" with his job as a salesperson. The employee, she noted, had worked at the dealership for eight years and was considered a strong performer.

When he returned to work after the initial suspension, he worked for nearly a year without complications until his conviction and firing, Laprade wrote. The argument that he poses a risk to clients during test drives is based on "hypotheses or even stereotypes" rather than the concrete proof the law requires, the judge wrote.

Laprade noted the company had argued that its reputation could be damaged by having the employee on staff. While she acknowledged this as a legitimate concern, she said the dealership had failed to provide any proof that such damage occurred, such as customers refusing to deal with Roussin Bizier.

She ordered the dealership to return the employee to his post within 15 days, and to pay him the wages he lost as a result of being fired.

The lawyer representing the dealership, Cliche Auto Ford Thetford, did not immediately respond to a request for comment, while the lawyer representing Roussin Bizier said his client preferred not to say anything about the decision.

This report by The Canadian Press was first published Feb. 6, 2025.

Morgan Lowrie, The Canadian Press