Is pre-employment testing legal in Canada?

Discussion in 'Legal Issues' started by matty86, Nov 30, 2004.

  1. matty86 matty86

    • New Member
    • Since: Nov 25, 2004
    • Posts: 122
    I don't have an upcoming test or anything, I'm just curious as to whether or not ple-employment drug testing is legal in Canada. Probably 50% of my good friends smoke pot and I'v never heard of anyone not getting a job because of it or being nervous about a test. . .In Canada anyway. Any answers would be appreciated.
    Thanks,

    Matt
  2. Ilove# Ilove#

    • New Member
    • Since: Sep 26, 2004
    • Posts: 238
    I'm pretty sure it is illegal. A drug addiction is considered a "disease", which cannot (legally) be discriminated against. At least, thats how I understood it.
  3. Zilos Zilos

    • Seasoned Activist
    • Since: Apr 16, 2004
    • Posts: 2,222
    It is illegal? I had no idea, now I'm even more glad I live in Canada. :banana:
  4. Larmer Larmer

    • Seasoned Activist
    • Since: May 9, 2002
    • Posts: 2,642
    Depends on the job....

    Government, hell yeah, happens all the time. The Forces require a passing drug test, and they can require a member to submit to random testing throughout their term of service.

    I'm not too sure about private companies, but I believe it'd be up to them. Human rights codes are determined provincially, but they do have to align with the Charter. Unless you have a medical reason to use the drug, it's fair game. I'm not well versed in the law enough to know whether that would apply for certain jobs that involve "concentration", (ie driving, heavy machinery, etc.), but common sense would suggest it wouldn't be allowed.

    I've never heard of anyone outside the Forces or LEO getting tested, but who knows? Alberta is emulating our crazy neighbour whenever they get the chance, so I'd watch out there. Hell, for that matter, just avoid Alberta in general...
  5. hornrims hornrims

    • New Member
    • Since: Dec 15, 2004
    • Posts: 4
    Yes, testing for pre-employment is legal in Canada. I have had several drug tests for factory jobs and the tests are only administered after I had found out that I got the job. Now I'm not entirely sure if employers can screen potential candidates on drug test results. As far as I know that would be illegal. All I know for sure is that several companies in Canada test for the use of drugs prior to your start date. I also know for sure that there are companies that are implimenting radom drug testing.

    I feel that since the drug tests do not test for the actual drugs but metabolites of the drugs that these tests are very intrusive to your privacy. These metabolites can stay in your system much longer than the drugs. If companies could test for presence of the actual drug in the system at the time or within the last few hours then I feel that this would be a more effective way of keeping drugs out of the workplace.

    Hope this stuff helps a bit.
  6. Barker_Man Barker_Man

    • New Member
    • Since: Nov 26, 2004
    • Posts: 22
    You know whats really dumb, we have a drug testing unit on site here and all across northern Alberta, and these tests that they give everybody cannot test for Crack or Coke!!! I was talking with the safety guy and hes like the testing system is kinda dumb, you could smoke a phat rock and take your test 10 mins later and pass... providing you didnt inhale any MaryJane. and that **** stays in your system for SOOO FRIGIN LONG!!

    ps Pre-Employment testing is legal.

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