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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.

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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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However, the Court remains silent on other aspects, including the potential consequences of the employer's use of images captured in the event of wrongdoing by employees. Tue AM - PM. Claim it. 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 It is not, and should not be taken as, legal advice. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Nonresidential construction, nec, nec, Repair services, nec, nec, Services, nec, nec. And modern design means more comfortable places to meet and assist you with advice-focused and financial wellness services. 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. Information made available on this website in any form is for information purposes only. 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. In accordance with the strong majority case law in this regard, the Court of Appeal confirmed that the standard of reasonableness applies with respect to questions such as the one at hand.

Sixty-seven employees have tested positive and currently cannot work, but another 49 employees have returned.

Fri AM - PM. 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. 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. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Tue AM - PM. 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. However, the Court remains silent on other aspects, including the potential consequences of the employer's use of images captured in the event of wrongdoing by employees. All rights reserved. Thus, the first issue taken up by the Court was: can the employer permit the installation of a camera by the family of a resident in the room of the resident for the sole purpose of the family members seeing the resident? C B Tegge. Trudeau , [5] in relation to the surveillance of employees outside the workplace. Thu AM - PM. Own this business? They conclude as follows:. Services, nec, nec.