Canadian Courts have long wrestled with the protection of human
rights in the context of workplace drug and alcohol policies. On
one hand, many workplaces, especially those engaging in physical or
industrial work, have a genuine interest in promoting job site
safety via drug and alcohol policies. On the other hand, drug and
alcohol addiction has been recognized as a prohibited ground under
category of "disability" in Federal and Provincial human
rights legislation. In the recent decision of Stewart v Elk
Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada
("SCC") had the opportunity to address the human rights
implications of employer policies requiring disclosure of drug and
alcohol dependence or addiction related issues. The Court held that
termination for violation of the drug and alcohol policy was not
discriminatory where it could be shown that it was the violation of
the policy itself, and not the employee's addiction, that led
to termination.
