"Keep Calm and … Understanding Cannabis: What Employers in the Energy Sector Want to Know About Legalized Cannabis in the Workplace" 56:2 Alberta Law Rev 337
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.
"Kellogg Brown & Root: Discrimination and pre-employment drug testing", The Court.ca - Human Rights
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.
"Stewart v Elk Valley Coal Corp, 2017 SCC 30" McGill J of L and Health
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.
"Random Alcohol and Drug Testing as a Complex Human Rights Issue", Law Now - Columns
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.
"SCC upholds employer's 'no free accident' alcohol and drug policy: Stewart v Elk Valley", Dentons - Alerts
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.
"The Supreme Court of Canada Examines the Discriminatory Nature of an Alcohol, Illegal Drugs and Medication Policy - Stewart v Elk Valley Coal Corp, 2017 SCC 30"
Case Commentary on Stewart v Elk Valley Coal Corp, 2017 SCC 30; importance of policy drafting and construction of dismissal letters.
"Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights", Hicks Morley - FTR Now
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.
"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323
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.
"Stewart v Elk Valley Coal Corp. Summary: SCC Reaffirms Test for Discrimination but Gives a Narrow Understanding of Addiction", BakerLaw - Articles
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.