It is increasingly common for government agencies, employers and insurance companies to resort to shadowing and video surveillance when it comes to compensation cases, thus violating the right to privacy of citizens. The right to privacy is recognized and protected by several laws, including Article 5 of the Quebec Charter of Rights and Freedoms as well as Sections 35 and 36 of the Civil Code of Quebec .
The balance between the right to privacy of citizens and the public interest concerning the justified use of compensation funds is obtained by balancing several criteria established by the jurisprudence, which can be summarized by questioning whether there were reasonable grounds to believe that the person put under surveillance was unduly receiving benefits following an exaggeration of the consequences of an accident. If so, we need to assess the way in which the surveillance was carried out. Many restrictions apply and video surveillance evidence submitted can be rejected if it has been collected illegally.
The BF Indemnisation team can help you better understand your rights, protect your privacy and help you keep the benefits to which you are entitled. Don’t hesitate to contact us, we can provide you with helpful advice.
_______________________________________________ 36. The following acts, in particular, may be considered as invasions of the privacy of a person: