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The presence of video cameras in the workplace, as well as other measures of surveillance put in place by employers, have generated considerable commentary in recent years in Quebec. Administrative and civil tribunals are increasingly called upon to rule on the legality of these measures which are increasingly accessible to employers, as well as to assess their probative value in the context of the administration of evidence. Challenges in this regard, carried out jointly by employees subject to such measures and unions, where appropriate, are primarily based on the employees' right to respect for their private life and their right to just and reasonable working conditions, which are protected by the Charter of Human Rights and Freedom [1] at sections 5 and 46 respectively. It is recognized that the possibility of installing cameras in the workplace is generally not assessed from the point of view of the right to privacy of employees as their expectation of privacy is normally reduced in the workplace. It is therefore from the point of view of the right of employees to just and reasonable working conditions that this issue is mainly dealt with by the courts.

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Montreal nurses who have volunteered to work in a private long-term care home with a major COVID outbreak said there is "shockingly little" protective gear available for employees, despite assurances from the Quebec government that equipment shortages across the province no longer exist. Nurses from elsewhere in the network who have been called in to help at CHSLD Vigi Mont-Royal in the Town of Mount Royal, an independent municipality within the city of Montreal, describe fellow health-care workers wearing the same protective gear for hours — not changing gloves and masks between patients because there are not enough to spare. According to the Quebec government's latest figures , Vigi Mont-Royal is the fourth-most infected long-term care home in the province, with residents, or 56 per cent, having tested positive for COVID One nurse who CBC has agreed not to identify described seeing some of the private home's original staff working in jeans and T-shirts or simple scrubs. In one case, she said, she saw a worker with a blanket wrapped around them as a makeshift gown. The nurse said that staff were moving between so-called hot zones within the home where infected residents were concentrated and cold, or infection-free, zones without changing their protective equipment, which could hasten the spread of the illness. We don't have the resources to have the proper practices and a normal standard of care. While the nurse said hospital staff would bring loads of extra protective gear with them to the home, it was never enough, and staff still had to ration it by wearing the same gear while caring for multiple residents.

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While many of the Groupe VIGI establishments have been spared the effects of the pandemic to date, we know that there remain serious concerns for all establishments. For more than 40 years, Groupe VIGI has provided quality living environments to its residents by applying and adhering to the strictest standards; standards which have allowed Groupe VIGI to hold, year after year, the highest distinction bestowed by Accreditation Canada: Accredited with Honorable Mention. It is therefore false to claim that the pandemic affected Groupe VIGI centres more severely than all other establishments in Quebec. We are proud of our teams who have been on the front lines for more than 12 months now, protecting our residents and supporting their families through difficult times. Search markets. News The word News.

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Administrative and civil tribunals are increasingly called upon to rule on the legality of these measures which are increasingly accessible to employers, as well as to assess their probative value in the context of the administration of evidence. Based on this assertion, the Court of Appeal compared the installation of a camera in a resident's room with the installation of cameras that continuously film in workplaces in order to prevent or reduce crimes, particularly in the context of theft and vandalism in stores that are susceptible to such acts. The employer had allowed the camera to be installed by the family. In light of the above, and in spite of the particular context in which the debate is held, certain key principles are laid down by the Court of Appeal that will be relevant in a context other than that of a residence for vulnerable persons, notably the importance of the objective pursued by the employer. It is therefore from the point of view of the right of employees to just and reasonable working conditions that this issue is mainly dealt with by the courts. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. In making this comparison, the Court of Appeal confirmed the validity of the presence of cameras under such circumstances and reiterated that an employer may use cameras for an otherwise legitimate purpose not related to the surveillance of its employees. It is recognized that the possibility of installing cameras in the workplace is generally not assessed from the point of view of the right to privacy of employees as their expectation of privacy is normally reduced in the workplace. Many landmark decisions have been rendered with respect to the presence of surveillance measures put in place by employers, including the recent Supreme Court decision of Communications, Energy and Paperworkers Union of Canada, Local 30 v. New digital capabilities, ATMs and internet access make it easier to help you with your banking needs. Wed AM - PM. Fri AM - PM. Information made available on this website in any form is for information purposes only.

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Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have. Workplace monitoring is permitted for a legitimate reason distinct from employee surveillance, even if it has the effect of filming employees in the course of their work. Search MapQuest. Aliments de consommation Maple Leaf inc. Based on this assertion, the Court of Appeal compared the installation of a camera in a resident's room with the installation of cameras that continuously film in workplaces in order to prevent or reduce crimes, particularly in the context of theft and vandalism in stores that are susceptible to such acts. The employer had allowed the camera to be installed by the family. By confusing the two situations, the arbitrator makes an unreasonable error that vitiates the rest of the syllogism on which his or her decision is based. Thu AM - PM. They conclude as follows:. That being said, as a final note we point out that the dissent of the Honorable Lorne Giroux will likely be taken up again and cited in the context of decisions concerning the setting up of surveillance cameras by the employer C B Tegge. All rights reserved. The Court of Appeal thus confirmed the right of employers to surveille their workplaces where this surveillance is not intended to directly monitor employees in the course of their work.