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Is your boss tracking you while you work? Some Canadians are about to find out

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If you’re spending more time on YouTube than Excel during your workday, there’s software that may be flagging you as “unproductive” and sending that activity to your boss. That’s the new reality as remote work is on the rise, causing more employers to monitor employees to see if they’re slacking off.

Near downtown Toronto’s Union Station, a major commuting hub, workers like Fariha Chowdhury say they would like to know if their actions are being monitored.

“It’s technically like being spied on. So it’s within your rights to know if it’s happening,” Chowdhury said.

Mustafa Kobari says companies that turn to these software solutions can be heading down a slippery slope: “Where does it stop? It’s a little bit worrying.”

Some Canadian workers will now learn whether they’re being tracked. Starting on Tuesday, Ontario employers with 25 or more employees will be required to have an electronic monitoring policy, and they have 30 days to disclose the information to staff.

It’s part of the Working for Workers Act, and it makes the province the only one in Canada with legislation on employee monitoring. Quebec, Alberta and British Columbia require employers to disclose data collection under privacy laws.

A step toward transparency

As the COVID-19 pandemic led to lockdowns and forced employees to work from home in droves, many employers implemented electronic monitoring systems without alerting their staff, said Mackenzie Irwin, an employment lawyer at Samfiru Tumarkin LLP in Toronto.

The Ontario legislation applies to all employees using company-issued devices — whether the employer is tracking the GPS of a delivery truck driver or the emails of an office worker.

Starting on Tuesday, Ontario employers with 25 or more employees will be required to have an electronic monitoring policy. It’s part of the Working for Workers Act, and it makes the province the only one in Canada with legislation on employee monitoring. (Pra Chid/Shutterstock)

Irwin said the new rules are a good first step toward transparency. “Once we know what they are actually doing, then we’ll have a better sense of whether those monitoring systems are breaching any other legislation.”

But she said there is more work to be done because the legislation doesn’t actually give employees any new rights to privacy or do much to discourage employers from overly intrusive monitoring. Still, Irwin said she expects employees to take a stand if they feel uncomfortable once they find out how much they are being monitored.

“They’re going to be pushing back on that,” she said.

Employee tracking accelerated due to pandemic

While it’s difficult to nail down just how many companies are using employee tracking software, workplace surveillance “accelerated and expanded” in Canada during the pandemic, according to a report from the Cybersecure Policy Exchange at Toronto Metropolitan University.

Tech firms Time Doctor, Hubstaff and Teramind are just a few that are seeing a growing demand for their monitoring software — which records keystrokes, listens back to phone calls and even takes screenshots every 10 minutes.

Eli Sutton, vice-president of global operations at U.S.-based Teramind, said his customers range from law firms and telecom companies to government and the health-care sector. In Canada, the company currently has about 300 active customers, and another 150 have signed up for a trial.

“Even on the first day of the pandemic, we saw an increase of three to four times the usual traffic to the website,” he said. “We definitely saw a significant rise in the interest in employee monitoring solutions.”

Teramind employee monitoring software can show which activities an employer deems unproductive. (Teramind)

Sutton said his employer clients want to monitor employees for security in order to prevent information from leaving the organization, and for productivity, as a way to understand how employees are spending their time when they’re working remotely.

“Say a particular task should take anywhere between 30 minutes to an hour. If they see a user is working on that task for more than two hours, they can actually track back and see what actions he took for that task and then assist them in being more productive with their time,” he said.

But Sutton agrees that it’s up to employers to set boundaries to use the technology effectively and not just focus on one employee’s actions. “You definitely don’t want to use it in the form of micromanagement…. It’s more about the end goal, not so much what they’re doing every second of the day.”

As the COVID-19 pandemic led to lockdowns and forced employees to work from home in droves, many employers implemented electronic monitoring systems without alerting their staff, one expert says. The Ontario legislation applies to all employees using company-issued devices. (Girts Ragelis/Shutterstock)

Tracking usefulness is up for debate

Some critics of employee monitoring software say it’s actually not an accurate representation of employee performance because it doesn’t capture other work that may be helpful to employers, such as talking to colleagues and mentoring co-workers.

If employees worry about being tracked, they may start rejecting those activities to protect their productivity, said Valerio De Stefano, a professor and Canada Research Chair in Innovation, Law and Society at Osgoode Hall Law School in Toronto.

Companies could fare better by assessing workers based on output, he said, rather than on the time they spend on activities that the computer marks as work. Otherwise, employee monitoring software can often end up being counterproductive, De Stefano said.

“People, when they know that these systems are in place, spend much more time trying to game the system rather than actually focusing on work.”

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B.C. court allows police to apply to dispose of evidence from Robert Pickton’s farm

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VANCOUVER – A B.C. Supreme Court judge says it has jurisdiction to order the disposal of thousands of pieces of evidence seized from serial killer Robert Pickton’s pig farm decades ago, whether it was used in his murder trial or not.

A ruling issued online Wednesday said the RCMP can apply to dispose of some 15,000 pieces of evidence collected from the search of Pickton’s property in Port Coquitlam, including “items determined to belong to victims.”

Police asked the court for directions last year to be allowed to dispose of the mountain of evidence gathered in the case against Pickton, who was convicted of the second-degree murder of six women, although he was originally charged with first-degree murder of 27 women.

Pickton died in May after being attacked in a Quebec prison.

Some family members of victims disputed the disposal because they have a pending civil lawsuit against Pickton’s estate and his brother, David Pickton, Yand want to ensure that the evidence they need to prove their case is not dispersed or destroyed.

The court dismissed their bid to intervene in July this year, and the court has now ruled it has the authority to order the disposal of the evidence whether it was used at Pickton’s trial or not.

The ruling says police plan to “bring a series of applications” for court orders allowing them to get rid of the evidence because they are “legally obligated to dispose of the property” since it’s no longer needed in any investigation or criminal proceeding.

Justice Frits Verhoeven says in his ruling that there may be reason to doubt if the court has jurisdiction over items seized from the farm that had not be made exhibits.

But he said that will be a decision for later, noting “the question as to whether the court retains inherent jurisdiction to order disposal of seized items may remain to be considered, if necessary, in some other case.”

Jason Gratl, the lawyer representing family members of victims in the civil cases against the Pickton brothers, said in an interview Wednesday that the latest court decision doesn’t mean exhibits will be destroyed.

“Any concern about the destruction of the evidence is premature. Just because the court will hear the application to allow the RCMP to destroy the evidence does not mean that the court would grant the application,” he said.

Gratl said that if the RCMP brings an application to get rid of evidence that could be useful in proving the civil cases, he would ask the court for the evidence.

“We would be seeking to take possession of any evidence that the RCMP no longer wants in order to prove that civil claim,” he said.

Gratl said no date has been set for when the civil cases will be heard.

The court’s earlier ruling says the RCMP has agreed to allow some of the civil case plaintiffs “limited participation” in the disposal application process, agreeing to notify them if police identify an “ownership or property interest in the items” that they’re applying to destroy.

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.



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Democrats devastated by Vice-President Kamala Harris’ defeat |

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Supporters of Vice-President Kamala Harris say they are devastated the Democratic party leader lost the United States presidential election. Harris was set to address Democrats at her alma mater Howard University in Washington, D.C. after conceding the race in a phone call with Donald Trump. (Nov. 6, 2024)



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Democrat Elissa Slotkin wins Michigan’s open Senate seat, defeating the GOP’s Mike Rogers

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DETROIT (AP) — Democratic U.S. Rep. Elissa Slotkin has won Michigan’s open U.S. Senate seat, giving Democrats a bittersweet victory in a swing state that also backed Republican President-elect Donald Trump in his successful bid to return to the White House.

Slotkin, a third-term representative, defeated former Republican congressman Mike Rogers. Democrats have held both Senate seats in Michigan for decades, but this year were left without retiring incumbent Sen. Debbie Stabenow.

Michigan’s was among a handful of Senate races Democrats struggled to defend. They lost their U.S. Senate majority despite Slotkin’s narrow win.

The race was incredibly close. Just minutes before it was called for Slotkin, she addressed supporters in Detroit, acknowledging that many voters may have cast their ballots for her while also supporting Trump, who won the state’s electoral votes over Democrat Kamala Harris.

“It’s my responsibility to get things done for Michiganders. No matter who’s in office, just as I did in President Trump’s first term,” said Slotkin. “I’m a problem solver and I will work with anyone who is actually here to work.”

Slotkin’s win provides some solace for Democrats in the state, many of whom entered Election Day with high confidence following sweeping victories in the 2022 midterms. Democrat Gov. Gretchen Whitmer still controls the executive branch and Democrats held onto the Senate, but their state House majority was in peril.

And Republicans also captured a mid-Michigan seat vacated by Slotkin, considered one of the most competitive races in the country.

Slotkin, a former CIA analyst and third-term representative, launched her Senate campaign shortly after Democratic Sen. Debbie Stabenow announced her retirement in early 2023. With a largely uncontested primary, Slotkin built a significant fundraising advantage and poured it into advertising. Her high-profile supporters included former President Barack Obama and Stabenow, who helped her on the campaign trail.

On the Republican side, Rogers faced multiple challengers for the party’s nomination, including former Reps. Justin Amash and Peter Meijer, the latter of whom withdrew before the Aug. 6 primary. Rogers served in the U.S. House from 2001 to 2015 and chaired the House Intelligence Committee.

Trump won Michigan in 2016 by just over 10,000 votes, marking the first time a Republican presidential candidate had secured the state in nearly three decades. This time, he expanded that margin to about 80,000 votes.

Slotkin and other Michigan Democrats focused much of their campaigns on reproductive rights, arguing that Republican opponents would back a national abortion ban, although Rogers said he wouldn’t. How effectively the issue motivated voting in a state where reproductive rights were enshrined in the constitution by Michigan voters in 2022 remained to be seen on Election Day.

About 4 in 10 Michigan voters said the economy and jobs is the top issue facing the country, according to AP VoteCast, a sweeping survey of more than 110,000 voters nationally, including about 3,700 voters in Michigan. About 2 in 10 Michigan voters said immigration is the most pressing issue, and roughly 1 in 10 named abortion.

Slotkin used her funding advantage to establish her narrative early, aiming to connect both with her base and disillusioned Republicans.

“For the Republicans who feel like their party has left them over the last few years, you will always have an open door in my office,” Slotkin said during their only debate.

The Canadian Press. All rights reserved.



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