ARTICLE · 18 APRIL 2022

Continuous Video Surveillance Of Employees: Psychological Harassment?

Stikeman Elliott LLP

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Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of ...

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Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec's Charter of Human Rights and Freedoms ("Charter"), when not justified in a rational and proportionate manner according to the circumstances.

In the case of Lazzer v. Magasin Baseball Town inc.,¹ rendered on February 3, 2022, rather than having to determine whether the presence of cameras constituted an unreasonable working condition within the meaning of the Charter, the Administrative Labour Tribunal ("Tribunal") had to rule on the merits of complaints of psychological harassment filed in this context.

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