LONGSHOREMAN'S RIGHTS COMPLAINT DISMISSED

The B.C. Human Rights Tribunal has ruled Norske Canada didn't
discriminate against a longshoreman two years ago for having a
perceived addiction to drugs.

The complaint, launched by Chemainus resident Curtis Middlemiss, was
dismissed in January, following a brief hearing in November, 2001.

Middlemiss - a longshoreman with Canadian Stevedoring - claimed he was
unduly discriminated against for having a substance abuse problem,
after he was accused of smoking marijuana at a Crofton mill dock in
February, 2000.

While the tribunal stated "it was reasonable of Norske to have made
this determination", Middlemiss argued he was unfairly treated under
Section 13 of the Human Rights Code when he was subsequently banned
from working on Norske Canada property.

Section 13 prohibits discrimination on the basis of physical or mental
disability, which includes alcoholism and drug dependence.

Although Middlemiss stated during the hearing he isn't addicted to
drugs, he argued he was still perceived as having a disability and
should therefore be protected by the code.

He also told the tribunal that Norske Canada's own drug and alcohol
policy treats casual users as substance abusers. It states: Any
incident of possession or consumption of alcohol or illegal substances
in the work place will be met with immediate termination.

But the tribunal ultimately ruled that Middlemiss failed to establish
he was perceived to have a disability, or that Norske Canada's drug
and alcohol policy provided evidence the company perceives anyone who
violates the rules to be addicted to alcohol or drugs.

The tribunal didn't, however, support Norske Canada's argument that
Middlemiss wasn't fired as a result of his actions.

While the longshoreman could still work for Canadian Stevedoring at
other locations, he was prohibited from being on the Crofton mill
dock; a site he was commonly dispatched to.

The tribunal ruled that Section 13 did apply in that case because the
restriction became a term or condition of his employment.

Middlemiss couldn't be reached for comment prior to press time
Friday.