Episode Description
When does protecting the public justify reaching into an employee's private life?
This episode takes on one of the most contentious labour and privacy law battles in recent Toronto history: the Toronto Transit Commission's random drug testing policy and the sweeping arbitration decision that struck it down.
Hosts Gavin Tighe and Stephen Thiele unpack a case nearly two decades in the making, stretching from a fatal tunnel accident in 2007 to a 400-page arbitrator's ruling that found the TTC's policy violated employees' Charter rights against unreasonable search and seizure under Section 8.
Drawing on Canadian law, conflicting arbitration precedents, and the hard logic of deterrence, Gavin and Stephen ask the question that cuts to the heart of workplace safety in Canada: if random testing was working, how do we prove it?
