Random Testing Goes Nuclear: SCC Dismisses Application For Leave To Appeal Decision Upholding Random Drug And Alcohol Testing As Constitutional

On May 29, 2025, the Supreme Court of Canada dismissed the application for leave to appeal from the judgment of the Federal Court of Appeal ("FCA") in Power Workers' Union v. Canada (Attorney General), 2024 FCA 182, which upheld the constitutionality of mandatory drug and alcohol testing requirements for nuclear workers in safety-critical positions.

Background

In 2020, the Canadian Nuclear Safety Commission ("CNSC") adopted a regulatory document (the "RegDoc") which, among other things, required high security nuclear facilities in Canada to implement pre-placement and random drug (urine, oral fluid) and alcohol (breathalyzer) testing for employees in safety-critical positions (the "Testing Provisions"). Six employees and their unions challenged the Testing Provisions in the RegDoc, arguing, among other things, that they infringed sections 7 (right to life, liberty and security of the person), 8 (protection against unreasonable search and seizure), and