Random drug testing in Canada (Ask an expert)

Tim Mitchell

Random drug testing has always been a controversial issue in Canada. Since the inception of testing programs in the late 1980s, random testing has been challenged on both contractual and human rights grounds. Arbitrators have generally permitted random drug testing as part of an individual employee’s rehabilitation in the context of a return to work or last chance agreement. However, universal random testing has been regarded as justifiable only in the rarest of circumstances.

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