scholarly journals Marijuana Legalization in Canada: Insights for Workplaces from Case Law Analysis

2019 ◽  
Vol 74 (1) ◽  
pp. 39-65
Author(s):  
Helen Lam

The legalization of marijuana in Canada is expected to have a significant impact on workplaces, requiring the development or updating of company drug-related policies and procedures. To help employment relations stakeholders with this change, recommendations are made based on an analysis of 93 past arbitration/tribunal/court cases involving marijuana-related policy violations, drawn from the Labour Source database. Issues addressed include language and communication of the work rule, reasonableness of drug tests, standard of proof, duty to accommodate, and mitigating factors. Based on the study of those 93 court cases, some recommendations can be formulated. First, employers need to clearly state their drug-related policies, taking into consideration safety-sensitivity and any substance abuse culture. This may include prohibition of possession, use, and distribution of drugs at the workplace or working under the influence, and the need to report any medical drug use that requires accommodation. Drug tests should only be done when there is a bona fide occupational requirement or where safety is a concern, such as post-incident or when there is reasonable suspicion of drug impairment. Also, it is important to understand that positive drug test results can only show past drug use but not the level of impairment or whether the drug was used while on a work shift. Therefore, to support an offence violation and discipline, corroborating evidence from multiple witnesses and sources are often necessary. Supervisors should be trained to identify the characteristics related to marijuana and drug impairment and the procedures to follow when an incident occurs. Employers must be cognizant of the duty to accommodate medical marijuana users or recreational users who are addicted, under human rights protection for disability. Such accommodation may include work reassignment or a leave of absence. In deciding on a penalty, other than past performance and disciplinary records and personal extenuating circumstances, arbitrators may consider rehabilitation situations to assess the prognosis and viability of the employment relationship. Employers and unions are advised to stay abreast of latest developments in the laws, drug test technologies and medical research related to marijuana use.

1991 ◽  
Vol 12 (7) ◽  
pp. 207-223

Sensitive and specific tests are now available for marijuana, cocaine, and a host of other drugs. This availability makes the decision about when to use these tests a crucial issue in the care provided to adolescents. When to suspect drug abuse and acute intoxication, what to do with the drug test result, and whether or not to do routine screening in schools or in the pediatrician's office, especially if a drug test is specially requested by a parent, are central. Screening of body fluids for drugs is recommended for adolescents with mental state or performance changes, psychiatric symptoms, or acute-onset behavior states.


2019 ◽  
Vol 54 (8) ◽  
pp. 1337-1344 ◽  
Author(s):  
Hallvard Gjerde ◽  
Linn Gjersing ◽  
Håvard Furuhaugen ◽  
Anne Line Bretteville-Jensen

2020 ◽  
Vol 1 (2) ◽  
pp. 41-52
Author(s):  
Roman V. Prudentov

This paper focuses on identifying key legal considerations and developments in the area of surveillance in Europein human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russiaand Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the requirements for the relevant laws, fetters to authorities’ discretion on surveillance matters, and appropriate nature of supervision by authorities and the scope of their powers, as well as certain other safeguards. This paper also discusses interactions and balances between freedom and security, modern approaches taken by the EU and theUS, and tensions on pervasive surveillance matters. This paper reveals that, in a COVID-19 world, with those privacy issues that arise from the “track and trace” system and similar practices having already been widely scrutinised by the courts, it is possible to fight COVID-19 through surveillance methods with minimum interference with human rights. Key considerations outlined in this paper are pertinent to all sorts of surveillance features in the modern world. This paper should serve as an impetus for enhancing human rights protection through case law and legal framework in this area, with a view to strengthen democratic values without compromising health and safety concerns.


2001 ◽  
Vol 120 (5) ◽  
pp. A409-A409
Author(s):  
H ELSERAG ◽  
M KUNIK ◽  
P RICHARDSON ◽  
L RABENECK

Ob Gyn News ◽  
2008 ◽  
Vol 43 (2) ◽  
pp. 42
Author(s):  
DOUG BRUNK

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