March 15, 2007, 12:30 p.m. - 2:00 p.m. EDT

Playback: Monday, March 19, 3:30 p.m. - 5:00 p.m. EDT

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Craig Bavis

Union Counsel
Victory Square Law Office

Charles Hofley

Employer Counsel
Hicks Morley

No issue in modern privacy law is as hotly litigated as the use of surveillance to manage the employment relationship. Responding to survey results, Lancaster House brings together a panel of experts for an advanced session examining the latest legal developments governing the use of surveillance evidence at arbitration. Building on listeners’ existing familiarity with this area of law, our panel will focus on the latest developments, including: 

• The impact of PIPEDA, the B.C. and Alberta PIPAs, public-sector FOIPPA laws, and the Canadian Charter of Rights and Freedoms: How do these laws affect the admissibility of video surveillance evidence?

• Admissibility of video surveillance evidence at arbitration: In which jurisdictions do arbitrators still use the “common law” tests governing admissibility? Is the “relevance” test still preferred to the “balancing of interests” test? In which jurisdictions do arbitrators recognize a “common law right to privacy”?

• Advanced applications of the “balancing of interests” test: What constitutes a reasonable basis for commissioning video surveillance evidence? Does the employer have an obligation to exhaust less-intrusive investigative methods before resorting to surveillance? What factors influence the determination of whether surveillance is conducted reasonably? What is the legal relevance of the "reasonable expectation of privacy" in determining the admissibility of surveillance evidence?

• “Outside the box” admissibility issues: When, if ever, can security camera footage be used as evidence in disciplinary proceedings? When can employers rely at arbitration on surveillance evidence conducted by third parties, such as the workers' compensation board?

• Liability for privacy violations: Is 'breach of privacy' actionable in the courts? In what circumstances have arbitrators and the courts awarded employees damages for privacy violations?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.