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“There are numerous arbitrations, numerous court cases… There’s confusion in this space over what the rules are, what is allowed, what is not allowed, how is it to be done.”

Employers and labour unions have struggled with this issue since long before cannabis legalization was on the horizon, as Canada’s human rights tribunals and labour arbitrators have generally viewed random drug-testing programs as a violation of the privacy rights of workers.

The bills do not speak directly to the workplace and public safety concerns that we have been raising with the government for about 18 months now

Hassan Yussuff, president of the Canadian Labour Congress, said there needs to be more public education around cannabis, but legalization itself doesn’t mean Canada needs new rules around testing.

“Recreational cannabis becoming legal doesn’t change the fact that you can’t work in an impaired fashion, doing your job,” he said. “That’s always been the rule, and that rule will not be changing as a result of the legalization.”

The government is well aware of the issue; Liberal MP Bill Blair, who coordinates the marijuana file, recently told CBC they’ve examined it “very closely,” and that mandatory testing is “possible” in the future for certain positions.

Photo by Justin Tang/Canadian Press

In addition, a special committee on workplace impairment that features representatives from the government, labour unions and employers has been formed and is meeting regularly. The committee “is examining how to balance human rights and privacy rights with safety specifically as it pertains to impairment at work,” said a spokesperson for Employment Minister Patty Hajdu.