MEMBERTOU FIRST NATION REVIEWING ITS DRUG POLICY

SYDNEY - Membertou band council is reviewing its drug testing policy
to balance the rights of individuals with those of the community.

"We haven't withdrawn the drug policy, but we have withdrawn the
pre-employment drug testing and (the random) testing. We want to
ensure that we consider the rights of people," said Chief Terry Paul.

Mandatory drug and alcohol tests were introduced in the First Nation
community for band employees in safety and financially sensitive
positions requiring alertness. Those include employees who work with
children and independent contract workers.

Under the policy, the misuse of illicit drugs, alcohol and medications
jeopardize the safety of the community, employees and customers and
are hazards in the workplace.

Council has said these tests are 100 per cent rooted in safety, rather
a moral policy.

"We want to look at the legal implications of our policy and ensure
that it addresses legally what we can do and also to keep in mind the
respect that we have with the employees of the Membertou band," he
said.

Earlier this month the chief's son, John Bonham Paul, posted signs in
his home which read 'Say no to corporate bullying' and 'Say yes to
human rights.'

John Bonham Paul noted drug tests may be justified in his job as a
fishing boat captain, but are a violation of human rights in the case
of his 15- year-old niece who works at a concession stand at the bingo
hall.

The chief's son believes the testing may also encourage some people to
ingest harder drugs as traces of hard drugs like crack disappear much
sooner than marijuana.

Councillors are not considered exempt from the policy, although they
are not in safety sensitive positions.

"We realize that there (are) court cases happening now," said the
chief. "We just want to make sure that we do it right, whatever time
it takes to undertake it we will."

Membertou will continue to test employees in safety sensitive
positions if they have a reasonable assurance the employee is under
the influence of alcohol or involved in the substance abuse of illegal
drugs and/or prescription drugs.

Those people must be evaluated by a substance abuse professional, take
any treatment recommended and pass a return to duty test. Employees
violating illicit drug, alcohol or medication guidelines will be
immediately suspended for no less than 24 hours during which a group
of directors will decide on the disciplinary action to be taken.
Employees who have no intention of making themselves fit to work could
lose their jobs.

Chief Paul says their executive will be working with the appropriate
people, including lawyers to maintain a balance of rights of their
employees, while protecting the people and assets located within the
community.