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by Hannah Roskey Random workplace drug and alcohol testing is generally prohibited by Canadian employers in Canada. However, there are limited circumstances in which it may be permitted. A recent decision of the Alberta Court of Queen’s Bench, Suncor Energy Inc. v. Unifor Local 707A, provides some further guidance for employers operating in Canada. And […]
By Clayton Jones Last week we told you about the recent decision in Irving Pulp & Paper where the Supreme Court of Canada severely limited an employer’s right to perform random alcohol and drug testing in the workplace. The implications of the Irving decision will undoubtedly be far-reaching, including on two prominent cases currently being […]
By Kyla Stott-Jess, Katie Clayton, and Hannah Roskey Canada’s highest court has ruled that random drug and alcohol testing in the workplace violates privacy rights. In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing […]
By Kyla Stott-Jess and Katie Clayton Canadian courts have been reluctant to allow random drug and alcohol testing in most workplaces. The issue was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against its new proposed drug and alcohol testing policy.
by Nicola Sutton The recent decision of Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30 by the New Brunswick Court of Appeal has upheld random alcohol testing where the workplace is determined to be “inherently dangerous” and the method of testing is minimally intrusive. This is an important case for employers seeking […]
By Hadiya Roderique Last year we reported on a case where a Canadian employer was ordered to reinstate an employee who had tested positive for marijuana following a verbal altercation with his employer. Why? Because drug addiction is considered a disability in Canada. And individuals who suffer from addiction are protected from discrimination under human […]