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ARTICLE · 17 DECEMBER 2013

Are Random Drug And Alcohol Testing Policies Justified?

Borden Ladner Gervais LLP
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BLG’s Labour & Employment Group held its 16th Annual Symposium on November 20, 2013 in Toronto. The following is a synopsis of a portion of a presentation given by Duncan Marsden and Adam Guy at this symposium:

CanadaEmployment and HR
Duncan Marsden
Duncan Marsden
Adam Guy
Adam Guy
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BLG's Labour & Employment Group held its 16th Annual Symposium on November 20, 2013 in Toronto. The following is a synopsis of a portion of a presentation given by Duncan Marsden and Adam Guy at this symposium:

The case law surrounding drug and alcohol testing policies has always been difficult to navigate for organizations that are looking to enhance the safety of their workplace. However, the recent Supreme Court of Canada decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. ("Irving") has helped provide some guidance in the area. 

The facts of the case are relatively straightforward. In 2006, Irving Pulp & Paper unilaterally implemented a drug and alcohol testing policy which allowed for the random testing of employees throughout the course of the year. If an employee tested positive, the employee would be subject to disciplinary action, including dismissal. If an employee opposed the test, this could be

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