Drug Testing

A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.

Commentary on Alberta CA case Kellogg Brown & Root Canada, analysis of post job offer but pre-employment drug testing policy and casual cannabis used for disability; justification of testing for drugs in 'safety sensitive' positions. 

Discusses when addiction is not considered prima facia discrimination by the SCC and the descenting opinions. Reviews the SCC decision on when a zero-tolerance policy will be upheld despite the presence of an addiction.

Commentary on SCC case Communications, Energy and Paperworks Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34, and compares ratio to provide an analysis on the then ongoing litigation issues in Alberta Communications, Energy and Paperworks Union Local 707 v Suncor Energy Inc, 2012 ABCA 307; union vs. non-unionized setting on pre-employment drug test and the line of addiction as deciding factor.

Summary and analysis of decision in Stewart v Elk Valley Coal Corp, 2017 SCC 30; impact on employer's right to take proactive measures in the workplace. 

Case Commentary on Stewart v Elk Valley Coal Corp, 2017 SCC 30; importance of policy drafting and construction of dismissal letters. 

Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions. 

Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness. 

Summary of Stewart v Elk Valley Coal Corp, 2017 SCC 30; criticism of the court's treatment and limited analysis of drug addiction in legal reasoning.