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by Kyla Stott-Jess One of the hot topics discussed during the recent Canadian federal election was the possible legalization of marijuana. The Liberal Party, which won the election, took a position in favor of legalization as part of its platform. As the country waits to see whether the new government will put forward legislation to […]
Drugs, alcohol, and employment generally don’t mix well. Employers face tricky choices when creating policies that address workplace substance use and abuse while still ensuring they stay within the bounds of state and federal laws, including the Americans with Disabilities Act (ADA). Employers must decide whether to require drug testing and then craft policies that […]
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 […]
By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Earlier this year, we reported on the decision of the Alberta Court of Appeal in Chiasson v. Kellogg Brown & Root (see the January 22, 2008, blog entry titled Ruling helps Alberta employers defend preemployment testing challenges), which upheld an employer’s right to perform mandatory preemployment alcohol […]
by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]