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Thursday, October 15, 2026

Continuous Video Surveillance of Employees: Psychological Harassment? | Stikeman Elliott LLP - JDSupra - JD Supra

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.

Facts

In this case, the plaintiffs were both employees at Magasin Baseball Town inc. ("Employer"). The Employer’s stores were equipped with cameras, positioned at various locations, allowing real-time viewing.

Following the publication of a negative review from a customer on the Employer’s social media (criticizing the customer service specifically), the owner and managers of the store began to watch the surveillance cameras regularly. This increased video surveillance resulted in phone calls from the Employer when it noticed behaviour it did not appreciate. This situation allegedly created a feeling of anxiety among the plaintiffs, who felt constantly watched while performing their work.

The plaintiffs therefore alleged having been subjected to psychological harassment and each filed a complaint under...



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