The Newfoundland Court of Appeal recently handed down a decision
that appears to inject uncertainty into employers' attempts to
accommodate workers in safety-sensitive positions who consume
medical cannabis. While the case was decided in Newfoundland, it
remains relevant due to the lack of similar decisions made in
Alberta and may be persuasive for future cases in Alberta and the
Northwest Territories.
The issue at bar was initially set for arbitration, the decision
for which is contained in International Brotherhood of
Electrical Workers, Local 1620 v Lower Churchill Transmission
Construction Employers' Association Inc., (2017
CanLII 59779 (NL LA)). The union filed a grievance on behalf of one
of its members who was refused employment when he failed to pass a
drug test. The grievor, a general labourer, had disclosed that he
used medically authorized cannabis to manage chronic pain. The
grievor's use of cannabis was related to a medical condition,
was prescribed,
