Random drug testing among employers in Canada is no where near as widespread as it is in the U.S., largely due to a tangle of constitutional rights, legislation, and privacy laws that make such practices a legal uncertainty. However, with the Canadian Supreme Court set to a hear a high profile case on the issue this fall, and private and public sector employers across the country implementing some form of random drug screening program, there is a chance that the practice will become more common in Canada. But employers hoping for a blanket green light like the U.S. will be disappointed. The best guess here is that random tests will only ever be allowed for employees in safety sensitive positions. And, since alcohol and drug addiction are disabilities under human rights laws, employers that conduct tests will also have to ensure they have excellent resources available to help employees who test positive.
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