Author Archive - David Hyde
A recent investigation and ruling by Human Resources and Skills Development Canada (“HRSDC”) has found that OC Transpo, the public transit operator in Canada’s capital city, is not doing enough to protect its bus drivers from workplace violence as required under the CLC.
Many organizations have introduced video surveillance in the name of improving safety and security within workplaces, physical facilities and public spaces. An all-too-common catalyst for the installation or expansion of camera surveillance systems is a crime or security incident that captures the attention of the media, the public, or both. In the immediate aftermath of a crime or other troubling occurrence, there is often pressure on senior decision-makers within the organizations to act swiftly and visibly to recapture the confidence of key stakeholder groups such as customers, shareholders or the public.
Dispelling popular myths about video surveillance in workplaces, facilities and mass gathering areas
The presence of video surveillance cameras has become a normal and often expected part of everyday Canadian life from the workplace to almost every imaginable type of facility and mass gathering area. In the aftermath of crimes or other unsavoury incidents in stores, hospitals, concert halls, office reception areas, school campuses or other facilities, one of the very first questions asked is whether video images have been captured of the offender(s).
Saskatchewan poised to enact the most far-reaching regulation to protect late night retail workers in Canada
Saskatchewan’s Ministry of Labour Relations and Workplace Safety has announced the enactment of a new regulatory amendment aimed at enhancing the protection of late night retail workers in that province. The new law comes into force on January 1st, 2013, and compels those operating late night retail establishments to conduct a hazard assessment and implement a range of specific crime prevention measures to protect late night retail workers.
Ontario’s recently enacted workplace violence amendment places a legal onus on provincially regulated employers to safeguard employees from the risk of domestic violence in the workplace. Additional jurisdictions are likely to follow suit. In legal terms, domestic violence is increasingly becoming a foreseeable workplace risk. In moral terms, inaction on this growing workplace issue would introduce unacceptable human risk.
The Conservative government is poised to enact the first substantive expansion of citizen’s arrest laws in Canada since 1955. The catalyst for the Bill C-26 amendment to the citizen’s arrest section of the Criminal Code of Canada was the 2010 case of Toronto grocer David Chen who faced criminal assault charges after performing a citizen’s arrest of a habitual thief he had seen stealing from his store earlier in the day.
Despite the fact that a significant majority of Canadian organizations are legally obligated to conduct workplace violence risk assessments, it appears that uncertainty and inconsistency are commonplace when it comes to the actual conduct of the assessment. This month, we will take a closer look at workplace violence risk assessments: what they are, what they aren’t, common pitfalls in conducting them and some best practice considerations from the available literature.
A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…
A number of recent, unrelated legal developments have caught my attention in relation to video surveillance, privacy and the Canadian workplace. This blog post is the first of a two-part series that will identify some of these recent developments and consider their broader implications.