Available with QL
"Balancing Employer Policies and Employee Rights: The Role of Legislation in Addressing Workplace Alcohol and Drug Testing Programs", 46:1 Alberta L Rev 141
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.
"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75
The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality.
"Evaluating the Implications of Honda Canada v Keays" 14 Canadian Lab & Emp L J 329
Entire volume available on CanLII; Author reviews Honda Canada v Keays with reference to supplemental case-law on costs in wrongful dismissals; vulnerability of non-unionized employees; employment law and discussion of punitive damages.
"All Aboard!: The Supreme Court of Canada Confirms that Canadians with Disabilities Have Substantive Equality Rights", 71 Sask L R 39
Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15.