What’s Happening With Drug Testing In Canada?

Thanks to Jeff Polsky for answering my question about minimizing the risk of a runaway jury in US employment claims.  Those are important tips for employers in the US, and for employers in Canada whether or not we see more jury trials in employment cases.

Another apparent distinction between US and Canadian employment law is drug testing.  Restrictions on drug testing in Canada are a continuing source of frustration, especially for US employers with operations in Canada.

Drug and alcohol testing in Canada has typically been restricted to reasonable cause, post-incident or return to work from rehabilitation scenarios.  Pre-employment and random testing have been prohibited almost universally.