Too active on the web at the taste of Quebec

File Photo, AFP

Nicolas Saillant

Monday, January 8, 2018 00:00

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Monday, January 8, 2018 00:00

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The former-founding president of the grouping AIAJ (the Insurance invalid – a legal Matter) has seen its benefits from the Régie des rentes du Québec be refused after an investigation had revealed how she was active on social media.

Off work since 2006, Jennie Hewitt, of Rochebaucourt, in Abitibi, was denied an application for disability benefits on three separate occasions by the QPP. In the appeal before the administrative tribunal of Québec last September, the ex-teacher has thrust Pension Quebec who presented a damning dossier of 34 pages in which were recorded more than 500 publications, blogs, and Facebook. A method used more and more, according to lawyers consulted by The Newspaper (see text below).

The report of his “big days” to defend the interests of the disabled as the founding president of the AIAJ, but also by working as an amateur artist as photographer, writer, illustrator and realization of haircuts with patterns. The survey of 41 months revealed among other things that it “works in his paperwork and calls from 7 h to 17 h 30,” according to a publication Facebook. Later, she says, ” work like crazy “, ” many hours per week “, ” not counting the hours and the energy she puts in “. His application for disability benefits was therefore denied by the judge.

Not trapped

In a long interview of 50 minutes, where the lady never complained, Jennie Hewitt says that it is doubted to be the subject of monitoring. “I have not been trapped, I knew it. Except that I wasn’t doing paragliding, I was writing with us, I never would have believed that it would play against me, ” she says.

“I said [to the members] if you have nothing to blame you, you’re not going to start playing hide and seek. It can be disabled and to live, ” she says. “The cause of the disabled in general has caused damage to my folder to me. “She, therefore, believes not to have discredited the cause despite its non-recognition by the QPP. “When I worked for the invalid, I could go to the bathroom 25 times a day and in the afternoon I can go to bed. Is it that I can do that in a regular job five days a week ? “

Freelancer-translator

Now that she has lost her case, Jennie Hewitt has been recycled in the job of freelancer-translator, but says he had no contract for the moment.

“Once again, it is to try to get me back on board and find something for me realize and develop myself,” says the one who doesn’t want to fall into depression.

Claiming to suffer from chronic fatigue, fibromyalgia, five hernias, chronic, of chronic diarrhea, and cognitive impairment, she said always not to be able to work for an employer. “I can’t do five days per week. “

Jennie Hewitt

Photo courtesy

Survey between January 2012 and June 2015

• Report of 34 pages
• A calendar shows daily activities ” sometimes at the rate of five days per week “
• 210 articles on the blog of the AIAJ
• 282 publications on a community Facebook
• 56 publications on his page Facebook
• 5 videos on his YouTube profile
• Two books autoédités and a 3rd book to the invalides in 14 chapters
• Involved in two petitions to the national Assembly
• Demonstration in front of the palais de justice de Montréal
• Participates in the photo contest

Users thwarted

In 2009 : Theft

• The employer Lantic Sugar in Montreal suspect an employee of stealing a strobe. Shortly after, the employer viewed a YouTube video of the employee in which the strobe in question. Even if the video is removed, copies were made and the arbitrator had upheld the dismissal of the employee for vol.

2012 : the recusal of an arbitrator

• The union of postal workers is filing a complaint against an arbitrator for ” reasonable apprehension of bias “. The arbitrator, Guy Dufort, was member Facebook of the conservative Association of Westmount and two conservative ministers, including the minister responsible Positions at the time as friends. Links that are missing from its page Facebook after they reach the light. The arbitrator had also served as a prosecutor for Canada Post before arbitrator, but the union has focused on the partisan activities of the conservative after his appointment as an arbitrator to request and obtain its dismissal.

2013 : abusive Use of the internet

• An employee of Hydro-Québec engages in mass emails, sometimes over 100 per day. It also makes screenshots of names of clients she is funny and sends them on to colleagues as well as a roommate. Hydro-Quebec believes that it is flight time, but also a breach of confidentiality. In addition, the employee who was monitored on Twitter has not changed its habits and has even sent a message defaming on the network of internal e-mail. In its challenge, the employee claimed to have sent the majority of his messages during breaks. Hydro-Quebec was, however, monitored the comings and goings of the employee on the computer and determined the sending of documents to the nearest second, which does not correspond to the hours of the pause of the complainant.

2014 : police Ethics

• A police officer catches a citizen who is not identified correctly. Handcuffed and seated in the police car, the police officer Donald Hubert takes a photo of the accused in this situation and publishes it on the Facebook of the person arrested. The committee believes that it is a serious misconduct detrimental to the dignity. The police officer is suspended five days.

2016 : Pension Quebec

• Retirement Québec calls for 3350 $ that was paid as payment of Support to children as a single parent family, while the agency determines that the woman is in a relationship. In 2010, she stated on her behalf Facebook be in a couple. In 2011, she indicates that she will get married and have a child. Her partner also writes about love, but when confronted, he claims to be gay and have ” tried to be a couple “. “The account of monsieur is very eloquent,” judge of the court which confirms the amount due.

Trapped by Facebook

Social media are regularly used in court to take a citizen against the foot by the governmental institutions or employers, according to lawyers to whom The Journal spoke of.

To Me, Valentine’s day Callipel, an expert in new technologies and privacy, is unequivocal : “It is taking a risk by posting personal information on social media. “A minimal risk for the vast majority, but a risk all the same.

“In the early years, people saw Facebook as a personal diary,” adds Me Katherine Poirier of BLG, which states that there is a slow awareness.

The agencies have therefore taken advantage of this situation and more and more surveys are made over the internet in order to incriminate the citizen.

“It has become almost the first thing “, says Me Callipel, a lecturer at the ecole Polytechnique.

The Journal has documented a number of decisions where citizens were trapped by their Facebook.

Profile very accurate

And the case law is clear on the subject. If any information is lawfully obtained, without ploy or identity theft for example, it may be presented in evidence.

In the case of equipment provided by the employer or on the work premises, the tags are even wider.

“The presumption of privacy will be lessened by the fact that it uses the server of the employer. Use legal and private home could not be appropriate with the material of the employer ” tells Me Poirier.

And organizations to get a profile very specific to a citizen who is the subject of an investigation.

“It is very difficult to defend and go against the image that the administration is made up of you,” complete Me Callipel.

A tangent that is very popular in tax administration, which has in particular been put in place in England. “The administration is a profile of a taxpayer, and if the life style does not correspond to what you declare as tax, we will have to go check this person,” explains the lecturer.

► Since 2007, it is possible to serve a statement of claim by Facebook when the defendant is hardly reachable. The Court of Québec authorizes the delivery of the request by way of social networks.