Williams HR Law LLP

Standing on Guard: When U.S.-Canada Tensions Spill into the Workplace

March 8, 2025

The diplomatic rollercoaster between Canada and the United States has reached new heights—or perhaps new lows. The on-again, off-again implementation of American tariffs on Canadian goods, along with U.S. President Donald Trump’s remarks that Canada should become the America’s 51st state, have strained relations between the two nations considerably. At a recent news conference, Prime Minister Justin Trudeau did not mince words, describing the tariffs as “a very dumb thing to do” and linking them to President Trump’s desire “to see a total collapse of the Canadian economy, because that’ll make it easier to annex us”.

Prime Minister Trudeau’s remarks echo the frustration of many Canadians. Data from a survey conducted by the Angus Reid Institute in late February to early March 2025 suggests that Canadian views of its “neighbour to the south” have plunged to historic lows, with 73% and 79% of respondents expressing an “unfavorable” opinion of the U.S. and President Trump, respectively. At the same time, national pride has intensified, with Angus Reid recording a ten-point increase between December 2024 and February 2025 in the number of Canadians who feel a “deep emotional attachment to Canada” and are “very proud” of their country. This surge in nationalist sentiment is reflected in the growing support for “Buy Canadian” and “Canada is Not for Sale” campaigns, as well as boycotts of American goods and travel.

Canadian nationalism can be a powerful, unifying force, but when it becomes intertwined with anti-American sentiment, it risks fueling exclusionary attitudes and workplace tensions—particularly toward American clients, employees, or global partnerships. Left unchecked, these behaviours may even trigger discrimination or harassment claims. Employers must therefore proactively develop strategies to address and mitigate such potential conflicts before they can damage the workplace.

When Nationalism Becomes Discrimination

Employees who hold U.S. citizenship or have American roots may find themselves the target of unwanted comments based on their nationality. Even when intended as jokes, such behaviour can lead to complaints of discrimination or discriminatory harassment.

Canadian law makes it clear that nationalism must never become discrimination. Human rights legislation across the country prohibits discrimination based on nationality or place of origin, while Ontario and Nunavut also explicitly protect against citizenship-based discrimination.

When complaints arise, employers should therefore act promptly to investigate the alleged misconduct. In Ontario, this is not merely best practice—it is a legal obligation. The provincial Occupational Health and Safety Act explicitly requires employers to investigate allegations of harassment as soon as they become aware of them. Additionally, the Human Rights Tribunal of Ontario has repeatedly affirmed that employers have a duty to investigate complaints of discrimination.

Navigating Politics in the Workplace

In the context of fluctuating Canada-U.S. relations and an upcoming federal election, talking politics at work has become especially treacherous territory. While political discussion is not inherently problematic, it can easily escalate into discriminatory or harassing conduct.

The legal framework surrounding political belief adds another layer of complexity. Canadian human rights law takes a patchwork approach to political belief across different jurisdictions. Most provinces and territories include political belief (or a similarly worded ground) as a protected ground in their human rights legislation—with Ontario standing as a notable exception. Even within jurisdictions that offer this protection, the definition and scope of “political belief” varies considerably.

Determining when political expression crosses the line requires careful analysis of the circumstances. Employers should engage seasoned investigators with specialized training to navigate the nuanced challenges of such cases. The investigator must be skilled in thorough evidence-gathering and capable of analyzing the multiple contextual factors that determine whether the conduct in question constitutes harassment or discrimination.

Should disciplinary measures become necessary, employers must take care to frame their actions appropriately. The discipline should clearly connect to specific violations of workplace conduct policies rather than appearing to target the employee’s political viewpoints themselves. Disciplining an employee in a way that could be perceived as targeting their politics can lead to damaged morale, allegations of unfair treatment, and potential legal disputes. The fundamental distinction employers must maintain is between an employee’s political beliefs (which may enjoy legal protection) and the manner in which those beliefs are expressed in the workplace (which may constitute actionable misconduct).

Managing Off-Duty Political Conduct

Political passions don’t simply clock out when employees leave the workplace. These convictions often find their most vibrant expression outside office hours—at public rallies, across social media platforms, or during animated discussions at the pub. This raises an important question for both employers and employees: Can off-duty political conduct lead to workplace consequences?

The answer is nuanced but significant: Yes, off-duty political conduct can indeed lead to discipline when it causes harm to the employer’s reputation or disrupts the effective functioning of the workplace. In particularly serious cases, the conduct can even constitute grounds for dismissal with cause. However, employers must carefully weigh any potential discipline it is considering against the human rights considerations discussed above.

Conclusion

No workplace is an island; employees are influenced by the national mood and news of the day. While the vast majority of employers cannot control international affairs, being attuned to these external factors can help mitigate against and defuse workplace conflicts. Savvy, forward-thinking leaders and HR professionals will anticipate flashpoints, establish or refresh conduct policies as needed, and handle conflicts in a fair, consistent manner. By doing so, they can turn a potential source of division into an opportunity to reaffirm their organization’s commitment to a respectful workplace where everyone (whether proudly Canadian, proudly American, or otherwise) can work together effectively.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.