Facebook Content Is Held To Be Admissible In Evidence

Introduction

In a recent decision that reflects a trend in Quebec courts, the Commission des lésions professionnelles (CLP) has held that posts from the social networking site Facebook are admissible in evidence, based in part on its finding that all Facebook content is in the public domain.

Background

The case before the tribunal concerned a worker who filed a claim with the Commission de la santé et de la sécurité du travail (CSST) alleging workplace harassment. In support of her allegations, she mentioned a series of incidents, the most recent of which occurred when a co-worker "friended" her on Facebook. When she accepted the invitation, she was able to read comments made about her by other co-workers who were friends of her friend. Those comments reinforced her belief that she had been harassed and she initially printed six pages of posts and later printed another two pages and filed them before the CSST. When the CSST and its administrative review board