About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 Can. J. Hum. Rts. 57 (2020)
Accommodating the Unknown: Balancing Employee Human Rights with the Employer Duty to Ensure Safety: A Dialogue on Stewart v Elk Valley and the Cannabis Act

handle is hein.journals/canajo9 and id is 60 raw text is: Accommodating the Unknown: Balancing Employee Human Rights with the Employer Duty to Ensure Safety: A Dialogue on Stewart v Elk Valley and the Cannabis Act Jon Soltyst & Daniel W. Dylant This paper examines the Supreme Court of Canada's 2017 decision in Stewart v Elk Valley Coal Corporation where collective worker safety came into conflict with a worker's addiction and his disability-related human rights. The Court's decision continues to be relevant today, particularly following the legalization of cannabis within Canada. In this paper, the authors explore: 1) the background to the Stewart decision; 2) critical developments respecting workplace safety and substance abuse in Canada; 3) the law's response to cannabis treatment and therapies in respect of worker safety and human rights protections; and, 4) the problematic reasoning within Stewart and what such reasoning portends for the adjudication offuture human rights. The analysis reveals how the Court departed from a settled line of human rights jurisprudence by circumventing the justification test to reach a result in which higher burdens may be imposed upon workers to establish a claim of disability-related prima facie discrimination in the face of proactive drug disclosure policies, while ultimately also diminishing privacy protections for worker health conditions. t BScN (Hons.) (Nipissing), BA (Carleton), JD (Lakehead), LLM (Ottawa). Jon has recently completed his master's in law with a concentration in health law, policy and ethics while employed as a legal advisor for a national professional defence organization. t BA (Hons.) (Carleton), LLB (Ottawa), JD (Michigan State College of Law), LLM (Ottawa). Daniel is an Associate Professor at Bora Laskin Faculty of Law, Lakehead University.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most