Friday, December 17, 2004

Union obtains an injunction in the CN hidden camera case

I haven't found a copy of the decision in this matter, so I only have the following news report to go on...

It appears that the union representing workers at the Canadian National Railway yard in Winnipeg has sought an injunction to prevent the railway from using hidden cameras in a machine shop (see CN Rail turns on hidden cameras to investigate vandalism). The court, according to the Winnipeg Sun, granted the injunction in part: the railway can only use the cameras in the interests of safety, not for any discipline proceedings. If the judge relied on PIPEDA, which is not clear from the report below, it would be the first case of its kind.

Winnipeg Sun: NEWS - Partial victory for union:

"CN limited to four cameras


A judge has given CN Rail workers in Winnipeg a partial victory in their fight to kill hidden cameras watching them work. Queen's Bench Justice Wallace Darichuk yesterday granted an interim injunction sought by Canadian Auto Workers Local 100 on behalf of 90 members at the Transcona Wheel Shop.

Injury or death

His order, effective immediately, limits the railway to using four ceiling cameras in the interests of safety only -- not for suspicions about productivity or sabotage.

Darichuk said he was swayed by the railway's argument that unexplained breakdowns of equipment could cause injury or death. Court heard wheel mechanisms repaired in the shop have broken down up to five times a day this month and that's why CN brought in the cameras and turned them on Dec. 7. ..."

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