MAY 2013
Upcoming Supreme Court
rulings will define landscape
rights."
In contrast, the minority was of
In granting the injunction, the
the view that "very full detailed and
Court of Queen's Bench of Alberta
overwhelming evidence here shows
noted "there can be no doubt that the
the dangers of accidents, and of the
safety of individuals at a workplace is
danger of drinking or drugs among
of paramount importance for Suncor
workers. Privately giving a urine
and is something the court must consample to be tested for alcohol or
sider in deterdrugs does not
mining the approbegin to equal
priate
relief…
death or dismem"The non-consensual taking
courts have often
berment, or widsaid,
however, of bodily fluids is a substantial owhood
or
that the imporb e c o m i n g
affront to an individual's
tance of workorphaned, by an
privacy rights."
place safety must
accident."
also be tempered
In December
with a consideraof
2012,
the
tion for the privacy, bodily integrity
Supreme Court of Canada heard an
and dignity of employees, and particappeal from the New Brunswick
ularly, employees innocent of any
Court of Appeal in the case of CEP,
wrongdoing."
Local 30 v. Irving Pulp and Paper
The Court of Appeal dismissed
Limited.
Suncor's appeal of the decision to
An arbitration board concluded
grant the injunction. The majority
the company had not shown the mill's
found that "the non-consensual
operation posed a risk of harm that
taking of bodily fluids is a substantial
outweighed an employee's right to
affront to an individual's privacy
privacy and had not adduced sufficient evidence of alcohol-related
impairment on the job to justify the
HAVE A
mandatory random alcohol testing.
ASK AN EXPERT QUESTION?
On judicial review, the lower Court
held it was unreasonable to require
EDITORIAL: Have a question you'd
evidence of a history of alcohol abuse
like tackled by one of our experts?
in the workplace once the board had
Or a story idea for Canadian Safety
concluded it was a dangerous workReporter? Send it to editor Zachary
place.
Pedersen
at zachary.pedersen@
The Court of Appeal upheld the
thomsonreuters.com or call (416)
conclusion that random alcohol
649-9584.
testing was reasonable.
It will be interesting to see the
implications for random drug and
ADVERTISING: To advertise in Canaalcohol testing in safety-sensitive
dian Safety Reporter, contact
positions of the upcoming arbitral
Stephen Hill at stephen.hill@
and Supreme Court decisions.
Danielle Leon Foun Lin is an Associthomsonreuters.com or (416) 298ate in the Labour and Employment Law
5090
or
Kathy
Liotta
at
Groups of Nelligan O'Brien Payne LLP in
kathy.liotta@thomsonreuters.com or
Ottawa. She can be reached at 613(416) 649-9920.
231-8369
or
at
Danielle.
Leonfounlin@nelligan.ca.
Continued from page 11
12
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