Canadian Legislative News

The Liberal Government has taken a step back in its communication regarding the legalization of cannabis in Canada. While originally planned for July 1, 2018, recent announcements by Prime Minister Justin Trudeau have indicated that his government is now aiming for later summer rollout in order to give provinces more time to prepare.

The legislation is currently stalled in the Senate due to concerns voiced by an employers’ coalition which includes the Toronto Transit Commission (TTC), Canadian Trucking Alliance, and Canadian Construction Association. The coalition wants the Senate to include an amendment that includes measures to impose mandatory drug or alcohol tests on workers in sensitive industries, including vehicle operators. The TTC has just completed random tests among two-thirds of its 15,000 employees, with reports that drug levels were found in test samples. The matter is in front of an arbitrator which could deem the testing illegal, therefore invalidating them.

The employers’ coalition has found allies in the Senate, such as Senator Larry Smith, the Conservative leader in the upper chamber.

The bill that employers are lobbying to change currently includes provisions that would give police services the ability to randomly test drivers for alcohol levels.

Organizations including the Canadian Labour Congress believe that the current rules and regulations ensure safety and are a means to deal with impairment on the job and that the adoption of random testing could be a violation of workers human rights.

Nonetheless, it is expected that cannabis will become a recreational product by the end of summer 2018. Most provinces have decided how substances will be sold and regulated and are preparing law enforcement for this dramatic change in drug policy. Police are at a disadvantage as, unlike alcohol, cannabis impairment cannot be effectively identified by a breathalyzer test.