Developing and administering workplace policies on employee
substance use is a difficult task for many employers in Canada. The
protections afforded by human rights legislation to employees with
substance dependency issues creates a unique challenge for
employers that must balance employee rights with workplace safety
issues, and both courts and administrative bodies continue to
wrestle with new issues in this area.
This summer the Alberta Court of Appeal released its decision in
Stewart v. Elk Valley Coal Corporation,
("Stewart"). Stewart has widely been
considered good news for employers, particularly those who rely on
policies that require employee disclosure of drug use and
dependency problems. In Stewart, the Court upheld a
finding that an employer had not discriminated against an employee
who had a cocaine dependency. The employee had advanced a complaint
after his employment was terminated due to a collision that
involved a vehicle he was operating on the
