Facebook content is held to be admissible in evidence
Introduction
In a recent decision
that reflects a trend in Quebec courts, the Commission des lésions professionnelles (CLP) has
held that posts from the social networking site Facebook are admissible in evidence, based in part on its finding that all
Facebook content is in the public domain.
Background
The case before the tribunal concerned a worker who filed a claim with the Commission de la santé et de la sécurité du
travail (CSST) alleging workplace harassment. In support of her allegations, she mentioned a series of incidents, the
most recent of which occurred when a co-worker “friended” her on Facebook. When she accepted the invitation, she
was able to read comments made about her by other co-workers who were friends of her friend. Those comments
reinforced her belief that she had been harassed and she initially printed six pages of posts and later printed another
