Facility had broader pattern of conflict, including bullying, favouritism and frequent internal disputes, so grievances were commonplace, says judge
A Canada Post employee who served as a shop steward at a Prince George, B.C. depot has been found guilty of sexually assaulting a co-worker, following a B.C. Supreme Court trial that examined years of workplace tension, crude joking and formal grievances.
Justice Dev Dley convicted Aaron David Paul Brandly on one count of sexual assault but acquitted him on a second sexual assault charge and two counts of criminal harassment. The decision was delivered Jan. 6 in Prince George, reported Kelowna Now.
According to the report, the court heard that Brandly worked at Canada Post’s Station B, where two female co-workers accused him of an ongoing pattern of sexualized conduct. One woman was employed at the depot from August 2017 to August 2024, the other from January 2022 to August 2024. Both alleged that Brandly’s behaviour crossed the line from inappropriate joking into repeated assaults and harassment.
Touching without consent
In the incident that led to the conviction, Dley found that Brandly touched a colleague’s buttocks and breasts without her consent. The judge concluded that the Crown had proven this allegation beyond a reasonable doubt.
“Mr. Brandly poked his fingers into her buttocks in the female area. That is consistent with his sexually charged comments, ‘I know you like it’ or ‘You know you like it’,” Dley said, according to the Kelowna Now report. “I’m also convinced that Mr. Brandly came from behind (the victim) and put his arms across her breasts and said ‘Oh those felt good’. That is consistent with the whole of the evidence.”
Brandly admitted at trial that he had at times used inappropriate language in the workplace, but he denied committing sexual assault or making the complainants fear for their safety. He maintained that his conduct reflected a joking dynamic with colleagues rather than criminal behaviour.
The judge rejected that version of events. In his reasons, Dley said Brandly had tried to present himself as a considerate and respectful co-worker, but the evidence showed otherwise. He accepted testimony that Brandly engaged in sexually charged remarks and unwanted physical contact that could not be dismissed as harmless banter.
Previously, an employer and a supervisor were found to be jointly and severally liable for the supervisor’s sexual harassment and retaliatory firing of a worker.
‘Unique circumstances’, broader pattern of conflict
However, Dley was not prepared to convict on the second sexual assault charge in the Canada Post case. He found that weaknesses in the first complainant’s evidence left him with a reasonable doubt about that allegation, reported Kelowna Now. While he acknowledged that victims of sexual assault often delay reporting, he noted that this workplace had an established culture of filing grievances over a wide range of issues.
One complainant, for example, had previously submitted a grievance against a supervisor for something as minor as failing to say good morning, yet did not raise concerns about Brandly’s conduct as quickly.
“Failing to file a grievance or complaint earlier is not determinative, but in these unique circumstances, it is a factor to consider,” the judge said.
Recently, the Vancouver Symphony Orchestra (VSO) said it will largely abandon the use of non‑disclosure agreements (NDAs) in matters involving sexual misconduct, following public criticism over its handling of a former musician’s allegations.
No criminal harassment
On the criminal harassment charges, Dley ruled that the Crown had not met the high threshold required under the Criminal Code. He described Brandly’s behaviour as crude and immature, and acknowledged that comments and conduct were objectionable. But he concluded that they did not, on the evidence before him, amount to criminal harassment, which requires proof that the complainants reasonably feared for their safety.
The court also heard that Station B was marked by a broader pattern of conflict, including bullying, favouritism and frequent internal disputes. Grievances were commonplace at the facility. Despite this, Dley did not accept arguments that employees avoided filing grievances against Brandly because he was a shop steward responsible for handling complaints.
Following the conviction, Dley ordered a pre-sentencing report on Brandly and set March 16 as the date to schedule a sentencing hearing.
