Can you test a prospective employee for drug use as a condition of employment? Well, yes and no.

Take a look at these two cases, Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2006 ABQB 302 from Alberta and Weyerhaeuser Company Limited v. Ontario Human Rights Commission, 2007 CanLII 4790 (ON S.C.) from Ontario.

Both cases give a detailed analysis of the relevant caselaw in this area and discuss perceived disability, discrimination against a recreational drug user, safety sensitive positions and accommodation in a pre-employment context.