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Canada: Court backs sacking man for casual cannabis use

Florence Loyie

Edmonton Journal

Friday 30 May 2008

EDMONTON - Canada's top court has backed a precedent-setting Alberta Court of Appeal ruling that a contractor acted legally in firing a worker who failed a drug test.

The Supreme Court of Canada Thursday rejected an application for leave to appeal the 2007 decision, which is good news for employers who have such testing policies for safety reasons.

The case involved an admitted casual user of marijuana, who, in the summer of 2002, failed a pre-employment drug Test. He complained to the Alberta Human Rights and Citizenship Commission, alleging KBR had discriminated against him on the basis of disability. The human rights watchdog dismissed his complaint, ruling Chiasson was not addicted and therefore did not have a disability.

In 2006, a Court of Queen's Bench overturned the panel's decision, ruling the effect of KBR's policy was to treat recreational cannabis users as addicts.

Last December, the Alberta Court of Appeal overturned the lower court's decision, concluding that "extending human rights protections to situations resulting in placing the lives of others at risk flies in the face of logic."

http://www.canada.com/edmontonjournal

 

 

 

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