Sober Second Thought: Supreme Court Rules On Random Drug And Alcohol Testing

Organizations and employees alike should take note of the long awaited ruling of the Supreme Court of Canada (the SCC) in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, which was released on Friday, June 14, 2013. Irving is the first decision from Canada's highest court to consider random drug and alcohol testing in the workplace.

The SCC attempted to confine its reasons to the unionized context in which Irving arose. However, the court's comments regarding the status of drug and alcohol testing in the workplace, the balance between workplace safety and employee privacy, and the need for employers to justify the implementation of drug and alcohol testing policies even in dangerous work environments, may have broader implications that extend to both union and non-union workplaces. Further, although the facts of Irving concerned random alcohol testing, the court's reasons appear to encompass random drug testing as well.