Legal news and trends for Canadian in-house counsel and c-suite executives
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presence in Canada and arbitration deci- sions have kept Bruce Power from doing the same. The company isn't necessarily waiting with bated breath for a Supreme Court decision on the topic, but it would certainly help, says Martelli. "It is an issue where there are divergent views depending on who you ask. Certainly [an SCC ruling] would assist us; I think it would assist a number of companies." Charney acknowledges the concerns of in-house counsel who are jittery about opposing decisions across the country. He believes Ontario arbitrators, for example, have been less amenable to tougher testing policies compared to their counterparts in Alberta. "That may be a result of just different politi- cal cultures," he speculates. "Alberta is a little more conservative, but also I think in Alberta the oil-and-gas industry, where there are these camps of work- ers at the tarsands in Fort McMurray, where there's a real need to deal with high-risk work, there's a real need for [A&D testing], compared to some other places, more pastoral places." Yet Charney hopes in-house coun- sel avoid a black-or-white approach to A&D testing. Too many employers have a knee-jerk reaction to it, either believ- ing "you should test and fire, and the other camp that believes you can't test at all," he says. "The truth is somewhere in the middle, and employers should at least put their minds to whether they ought to take advantage of that." If a ruling from the country's top court does not come, some believe changes to societal norms will allow companies to embrace wider use of random A&D test- ing. William Goss, a partner at Stewart McKelvey in Saint John who represents Irving, awaits a ruling in the case's lat- est battle. He notes that opponents of random alcohol testing in the workplace point to Canada's roadways for support. They say police need reasonable cause before ordering a driver to take a breath- alyzer test and argue the same burden of proof should be placed on employers. But that argument may soon fall to the wayside. The House of Commons jus- tice committee last year studied drunk driving and recommended the use of random breath tests on roadways, an approach that has proved successful in Australia, New Zealand, and European Union countries. A study found the shift to random testing in the Australian state of Queensland reduced fatal crashes by 35 per cent between 1988 and 1992. A similar approach in Canada may well help cut down on the prevalence of drunk-driving deaths here, which amounted to 1,278 lives in 2006. While Canadians have yet to experi- ence that level of intrusion on their per- sonal freedoms, either on the roadways or in the workplace, Goss believes most would embrace it for the greater good. "We're becoming so intolerant of the devastation of alcohol abuse, whether it be on the highway or in the workplace, that we're moving there." IH LegalNewswire Get smart. Fro Frrom hom tthe publ s publish publiisher of Canad of Canadi nad a nadian Lawye and L adiian La awyer and La er and Law Tiimesmes Regul r read ng of eek Regular readin we kly e al readin a bettbetter n de stta your uturture career klly legal e-newsletter t er understan your future aree .er Appeal panel finds bias at LSUC hearing Law Times aring g A Toronto lawyer has won his appeal of disciplinary findings against him after a Law Society ofcipliinary findings against him after a Law Society of origin al of dis Upper Canada appeal panel ruled the original proceedings had ''compromised the appearance of apprehens comprom fairness'' and created a ''reasonable apprehension of bias.'' Good business or cheating the taxman? Canadian Lawyer man? Offshore financial centres, or offshore tax havens as they are more commonly referred to, have been the subject of heightened international scrul scrutiny and pressure in recent years from ld. mmonly referred to, h IT'S FREE! Sign up online. canadianlawyermag.com 30 • OCTOBER 2010 Untitled-1 1 INHOUSE 7/28/10 2:03:26 PM governments in the developed world. As the cover story of the June Money Issue points out, the ? Well, money. cover reason for the escalating attention? Well, money. In-house counsel closely watching proposed copyright law Canadian Lawyer InHouse, online g p opos troduce roposed copyright law c py g Changes in copyright legislation introduced by the government last week are likely to affect the work of in-house counsel and need to be closely watched, say industry representatives. osely w sion of bias.'' ng of Canada' N -new slette newsle er a standianding off th na a's No.1 et e can resu na s No 1 etter can res lt i e sult in es lt in and ng o he lawh e law anaw and NEWS | COMMENTARY | SURVEYS EYS | DAILY LEG LA NEWS DAILY LEGAL NEWS | MOVES AND SHAKES | TWITTER | CALENDAR CALENDAR | CASELAW