Provincial and Federal Human Rights legislation requires that an
employer accommodate an employee's medical condition to the
point of "undue hardship"
With the increasing prevalence of medically prescribed cannabis,
employers are understandably concerned with the prospect of
impairment at work, particularly with employees in safety sensitive
roles.
In a recent decision of the Supreme Court of Newfoundland and
Labrador 1 (the "Churchill" case), the Court
upheld a unionized employer" denial of employment to a
labourer working on the construction of electrical towers.
The labourer suffered from pain due to osteoarthritis and
Crohn’s disease for which he was prescribed medical cannabis,
which prescription he reported to the employer. The employee
regularly ingested 1.5 grams of dry cannabis each evening following
work hours.
