Case information

Labour relations ? Grievance ? Camera installed by family member in room of resident of residential and long-term care centre with consent of centre management ? Whether right to fair and reasonable conditions of employment conferred by s. 46 of Charter of human rights and freedoms applies to actions taken by third parties ? Whether employer’s liability is engaged where it allows third parties to take actions that affect its employees’ conditions of employment ? Whether right of employees to fair and reasonable conditions of employment can survive in presence of third party rights ? Whether arbitrator’s decision has qualities that make decision reasonable ? Charter of human rights and freedoms, CQLR c. C 12, ss. 1, 4, 5, 7, 46 and 48 ? Civil Code of Québec, arts. 35 and 36.

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The respondent, Vigi Santé ltée, is a non profit legal person that operates several private residential and long term care centres. In September 2013, a resident’s son installed a camera in her room so that he and his brother and sister could observe and hear their mother at all times from their cell phones and computers. That camera, which was installed with the respondent’s permission, was visible to anyone entering the resident’s room and was intended to ensure her well being. The images captured by the camera could not be recorded, although photographs could be taken of them. The respondent did not have access to the images from the camera. After the camera was installed, the respondent’s care attendants were advised of the presence of the camera, which was turned toward the resident’s bed and the place where she could sit. The camera made it possible to see the care provided to the resident and to identify the care attendants who were working. The applicant, the Québec Service Employees Union, Local 298 (QFL), which represents the care attendants employed by the respondent, filed a grievance against the installation of the camera. On April 14, 2014, the arbitrator, Jean Barrette, allowed the applicant’s grievance and ordered the respondent to remove the camera installed in the resident’s room. The respondent applied to the Superior Court for judicial review of that arbitration award.