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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E / J U L Y 2 0 1 8 49 Meunier identifies addiction as a potential area of concern with the legal- ization of recreational marijuana. "The more people consume marijuana, the more potential for addiction might exist," she says. Demerse, however, notes, "The advice I get from medical experts is that marijuana isn't nearly as addictive as some other drugs. Some still abuse it, and where they do, the employer would have the same obligation to accommo- date the substance-use disorder. But an employee has an obligation to facilitate the accommodation process, including following the advice of medical pro- fessionals to get the help they need to manage their substance-use disorder." Updating workplace policies Although Meunier, like others inter- viewed for this report, doesn't believe that provinces will be ready to roll out commercially available marijuana until the autumn at least, there is no time like the present to update workplace policies. "You've got to check your policies," says Lisi. "Make sure they're clarified, so that everyone understands that if an employee is addicted to marijuana, they have to disclose it." There is no need to change policies regarding impair- ment, he says, and policies will differ depending on the culture of the work- place. "If you're already in a workplace where alcohol and drugs are pro- hibited," there won't be any changes required to a workplace policy, Meunier notes. "But there are workplaces that allow for a little bit of alcohol. In that case, they must make sure that their policy provides that illegal drugs are prohibited." And while some employers may want to prohibit marijuana consumption for safety reasons, others may wish to pro- hibit it for image reasons, she says. For example, it may not be good for a shop's image if the shop clerks smell of mari- juana. "The response [of employers] has to be tailored to the specific needs and concerns of each business." More of the same The legalization of recreational marijuana will not force employers to drastically change their workplace policies. "It's hard- er to detect impairment [with marijuana,] but other than that, it's more of the same," says Charney. "Arithmetically, it increases the problem [of impairment and addic- tion,] but not so much qualitatively." "I think what legalization of recreation- al marijuana is doing is putting a spotlight on issues that already exist in workplaces today," Demerse says. "It's a matter of setting clear expectations for employees, about their obligation to come to work unimpaired by any substance that affects their ability to perform their job safely and productively." In general, a well-drafted drug and alcohol policy, requiring an employ- ee to advise of any drug use, will give an employer an advantage, says Rigolo. Employers will continue to want health and safety rules to be respected, and "a policy to address [this] in a rational way, without preconception, may be the best way to approach this." Order # 804218-65203 $537 2 volume looseleaf supplemented book Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Jurisdiction: Canada (National) Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2018 Thomson Reuters Canada Limited 00234UC-84746-CE Also available through your web browser or download to your desktop or tablet. Learn more about ProView eBooks at store.thomsonreuters.com/ ProView * Thomson Reuters ProView options not applicable to bookstores, academic institutions, and students. 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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