Aida Abraha

PhD Candidate
Aida  Abraha photo
Dissertation Title
AI Surveillance at Work and the New (Un)checked Managerial Power: Rethinking Workers’ Protection Through a Critical Study of Ontario and Quebec’s Surveillance Jurisprudence
Supervisor

I am a cross-disciplinary legal scholar and a PhD student at Osgoode Hall Law School, where my research lies at the intersection of artificial intelligence, law, and the future of work - an area that brings together legal theory, policy, and real-world impact.

I completed my Master of Laws (LLM) at the University of Toronto, Faculty of Law, where I explored how emerging technologies disrupt established legal norms around privacy, data protection, and institutional accountability. My research included critical analyses of Canada’s federal privacy law reform (Bill C-11), Toronto’s Sidewalk Labs “smart city” proposal, and the impact of AI-enabled tools on the judiciary.

Prior to that, I practiced as an employment and human rights lawyer, representing workers in matters involving discrimination (gender, race, disability), wrongful dismissal, harassment, and privacy violations. I also acted as a senior advisor to both public and private institutions, leading complex workplace investigations and equity reviews related to #BlackLivesMatter and #MeToo.

My educational background also includes Common Law (LLB) and Civil Law (BCL) degrees from McGill University, and a BA (Honours) from the University of Toronto. I also hold certificates in Human Rights Theory & Practice and Workplace Investigation from Osgoode Law.

My professional and academic work is now grounded in a commitment to ensuring that legal frameworks respond fairly and equitably to the challenges posed by rapid technological change in the workplace.

Research

Canadian workplace laws have long accepted that management enjoys a broad managerial prerogative – the right to direct work, monitor performance and enforce discipline. In the context of workplace surveillance, the use of invasive surveillance technologies have been justified so long as the employer can prove the use of the technology serves the employers’ ‘legitimate business interest’.

My doctoral research examines how Canadian courts and labour arbitrator interpret and respond to the use of AI-powered surveillance technologies in the workplace. The study broadly asks: How do Canadian labour arbitrators and judges interpret and mediate the expanding scope of managerial authority brought about by AI workplace surveillance tools and practices, and what are the implications for workers’ individual and collective rights, beyond privacy?

This study is organized around four core pillars of inquiry: (i) the first pillar explores workplace surveillance tools as a socio-technical artifact, both from a historical and contemporary context; (ii) the second pillar traces the historical judicial and arbitral interpretations of management prerogative as it relates to workplace surveillance; (iii) the third pillar offers a more focused, comparative analysis of contemporary surveillance jurisprudence in two provinces in Canada, namely, Ontario and Quebec and; (iv) finally, the fourth pillar considers the findings of the jurisprudential analysis and assesses the feasibility of a comprehensive, work-specific AI regulatory framework that meaningfully address contemporary technological risks and harms to workers.