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ARTICLE · 18 MARCH 2020

Where There's Smoke: How Employers Can Navigate Employees' Cannabis Use

According to the most recent statistics from the Canadian Cannabis Survey, 5% of people surveyed who used cannabis in 2018/2019 reported consuming it at least once a week during work or in the morning before, ...

CanadaCannabis & Hemp

According to the most recent statistics from the Canadian Cannabis Survey (CCS), 5% of people surveyed who used cannabis in 2018/2019 reported consuming it at least once a week during work or in the morning before, while 12% said they did so at least once a month.

This information, and more like it, can help employers understand social trends regarding cannabis when meeting their duty to accommodate, which applies to both medical and dependant users. Tribunals and courts also provide valuable insight into the obligations of both employers and employees regarding the duty, as seen in three recent decisions.

This article highlights key data from the CCS and the reasoning behind the three decisions, which include allowing a professional to continue consuming and working because of a diagnosed dependency, placing limits on what is an acceptable prescription, and determining what constitutes uncooperative behaviour by an employee failing to disclose his consumption at

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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