CASE OF FIRED POT USER LOOKED INTO

Court Rules In Favour Of Firm

EDMONTON-- Alberta's human-rights watchdog may appeal a
precedent-setting court ruling that found an oilsands contractor
acted legally in firing a new hire who tested positive for marijuana.

The Alberta Human Rights and Citizenship Commission says the rules
governing employee drug-testing need to be clearer, legal counsel
Janice Ashcroft said yesterday.

In the summer of 2002, John Chiasson took a pre-employment drug test
and began working for the construction company as an inspector at
Syncrude Canada. After nine days on the job, he was told he had
failed the drug test, at which point he admitted smoking marijuana
five days before his test. He was then fired.

In 2006, the Court of Queen's Bench ruled that the contractor's
drug-test policy treated recreational cannabis users as addicts and
therefore disabled. Discrimination on the basis of perceived
disability is illegal in Alberta.

But a three-judge panel of the Alberta Court of Appeal has concluded
the contractor's policy did not treat Chiasson as an addict.

"Rather it perceives that persons who use drugs are a safety risk in
an already dangerous place," they said.

The judges said the evidence shows the effects of cannabis linger for days.

"We see this as no different than that of a trucking or taxi company,
which has a policy requiring its employees to refrain from the use of
alcohol for some time before the employee drives one of the
employer's vehicles."