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The ongoing uncertainty of random drug and alcohol testing

Tuesday, June 27, 2017 @ 08:50 AM | By Monty Verlint and Jandre Ljubicic

Law relating to random drug and alcohol testing of employees is not as regimented or developed in Canada as it is in the United States. Employers in Canada are faced with few guidelines. Although some general principles can be drawn from jurisprudence, determining the permissibility of random testing remains a case-specific endeavour.

Whether 2017 will offer a greater degree of certainty remains to be seen. However, recent focus on drug testing in various sectors, particularly in transit, airlines and the nuclear industry, points to increased judicial...