MAN WITH HIV WINS HEARING ON POT-SMOKING ISSUE

EDMONTON (CP) - An HIV-positive construction worker who smokes marijuana to
combat nausea has won a hearing before a human rights panel after he was
denied a job for failing a drug test.

A Court of Queen's Bench justice ruled the hearing can go ahead because
it's important to decide when restrictions on drugs or alcohol are
legitimate job requirements.

''Frankly, I am at a loss to understand why the (company) would not wish to
have this issue examined,'' Justice Alan Cooke wrote.

An Alberta Human Rights Commission officer had already concluded that North
American Construction Group Inc.'s policy requiring pre-employment
drug-screening violates provincial legislation.