Live streaming employees banned as arbitrator outlines workplace privacy limits
An arbitrator has struck down key features of an AI-powered video surveillance system monitoring bus drivers, ruling that continuous recording, live streaming access, and real-time photo updates crossed legal boundaries despite legitimate safety concerns.
Arbitrator Francine Lamy partially upheld a union grievance against NewCAN Coach Company ULC (operating as Coach Canada) on Aug. 28, 2025.
She found that while AI-based safety monitoring was justified, several features of the Samsara surveillance system violated drivers' Charter rights to privacy, dignity, and just working conditions.
Safety monitoring becomes excessive surveillance
The Montreal-based bus company had installed the advanced system across its entire fleet in 2023, replacing an older camera setup. Each bus was equipped with dual cameras—one filming the road ahead, another continuously recording the driver from head to knee level, capturing video and audio from engine start until 15 minutes after shutdown.
The Samsara system used artificial intelligence to detect safety incidents including tailgating, running red lights, cell phone use, and failure to wear seatbelts. When triggered, the system isolated 2- to 10-second video clips, sent them to Samsara staff for verification, then forwarded confirmed incidents to management. This core safety function passed legal muster.
Lamy found the company demonstrated legitimate, necessary reasons for AI-assisted monitoring given its legal obligation to transport passengers safely and strict regulatory oversight from Quebec's transport authorities.
Live-streaming invades privacy
However, some additional features went too far: live-streaming drivers remotely in real time, accessing all recorded footage regardless of whether safety incidents occurred, displaying driver photos that updated every two minutes on vehicle tracking dashboards, and disseminating incident videos company-wide for training purposes—even with blurred faces—as drivers remained identifiable to those who knew them.
The arbitrator found these capabilities enabled surveillance beyond what safety objectives required, allowing management to monitor drivers for any purpose without reasonable cause.
The company failed to demonstrate why real-time streaming was necessary when the AI system already flagged safety concerns.
Surveillance not linked to prevention
In her ruling, Lamy concluded that "the employer has failed to demonstrate that these measures are rationally linked to the prevention of incidents affecting the safety of persons, proportionate to the achievement of these objectives, or justified by other reasonable and legitimate grounds."
Lamy noted that courts have recognized continuous surveillance creates workplace conditions "comparable to a foreman who constantly watches them throughout their shift, including during breaks, meals, or travel." The tribunal ordered Coach Canada to disable or unsubscribe from live streaming, unrestricted video access, continuous photo updates, and unauthorized video dissemination within 90 days.
The company must also limit employee access to incident footage to only what is necessary and cease sharing training videos unless drivers' identities are completely obscured or explicit consent is obtained.
Each affected driver was awarded $100 compensation for moral prejudice suffered under the new ownership, though the company was released from liability for damages before its December 2024 acquisition due to bankruptcy proceedings under federal insolvency law.
