QPL Articles

Quarry Park Law to present at Hempfest Cannabis Expo, Calgary (Sept 30-Oct 1, 2017)

By Jonathan Ablett | September 6, 2017

Quarry Park Law will be speaking at Hempfest Cannabis Expo in Calgary on September 30 – October 1, 2017 to present “Cannabis in the Workplace.”  The presentation will highlight legal issues around current and proposed changes to cannabis law as it pertains to both employers and employees.

• How did we get here?  The case law history of cannabis liberalization began in the criminal context with a series of human rights complaints against the overreach of then-existing prohibitions against possession and trafficking without accommodation for legitimate medical use.  This was ruled by the Supreme Court of Canada to be unconstitutional.  In response to this, and in response to several later decisions made by federal and provincial courts over time, the federal government introduced and incrementally amended regulations governing the access to medical cannabis.  The most recent decision in R. v. Smith (2015) stuck down a prohibition against access to all forms of medical cannabis other than dried marijuana.  Since this decision, the government has announced its plans to legalize cannabis for recreational use.  Much legal focus has been placed on this upcoming legislation, but a clear distinction must be maintained between medical and recreational use, as it pertains to employment law.

• Where are we now?  Human rights continues to be an influential factor to be considered for both businesses and individuals in the scope of cannabis in the workplace, although outside of the criminal context more emphasis is placed on various provincial bills of rights, particularly because these bills of rights directly govern relationships between private actors – including the relationship between employers and employees.

• For employers:  A delicate balance must be maintained between upholding a safe and healthy workplace and maintaining respect and dignity of its employees.  The first thing to consider is whether an employee alcohol and drug policy is currently in place, and if so, whether this policy contemplates upcoming changes to legislation.  For an employer to discipline employees who are found to be under the influence of cannabis, they must take into account a number of factors including whether or not such usage is recreational or medical, the safety sensitive nature of the job, the wording of the employee drug and alcohol policy, and the consistency and reasonableness of the policy’s application.

• For employees:  Concerns for employees include, among other things, their right to privacy, insurance coverage of medical cannabis prescriptions, an employers right to impose discipline for cannabis use and consequences for off-the-job cannabis use.  Unionized employees have additional considerations which may apply in the event that an employer unilaterally introduces a new or updated alcohol and drug policy outside of the scope of a new or existing collective bargaining agreement.

• Where are we headed?  As most of the issues that have arisen are a result of judicial interpretation of existing law, it tends to be subject to change.  Existing law can be reinterpreted by the courts and proposed legislation can be expected to be amended prior to becoming law.  Given the expected demand for both recreational and medical cannabis supply, we can expect many of these issues to become front-and-center before the courts for many years to come.

Quarry Park Law will continue to monitor this area of development in order to provide businesses, individuals and families with sound legal advice and solutions pertaining to existing and upcoming cannabis law.