• SCC Refuses To Hear Appeal of Chiasson Decision
  • June 26, 2008 | Authors: Vicki L. Giles; Thomas W. R. Ross; Glenn D. Tait
  • Law Firms: McLennan Ross LLP - Edmonton Office ; McLennan Ross LLP - Calgary Office ; McLennan Ross LLP - Yellowknife Office
  • This morning, the Supreme Court of Canada rejected an application for leave to appeal this important Court of Appeal decision on pre-employment drug and alcohol testing. This is good news for employers with drug and alcohol testing programs.

    In Chiasson, the Court of Appeal had reinstated a Human Rights Tribunal decision that had been overturned by the Court of Queen's Bench. The Court of Appeal confirmed that employees without a drug or alcohol addiction are not subject to human rights protections and that the duty to accommodate does not apply to casual drug or alcohol users. The Court recognized that drug and alcohol policies have a role in managing risk in safety sensitive workplaces.