[420 Girl]

The Alberta Human Rights and Citizenship Commission says the rules governing employee drug-testing need to be clearer, legal counsel Janice Ashcroft said yesterday.

In the summer of 2002, John Chiasson took a pre-employment drug test and began working for the construction company as an inspector at Syncrude Canada. After nine days on the job, he was told he had failed the drug test, at which point he admitted smoking marijuana five days before his test. He was then fired.

In 2006, the Court of Queen's Bench ruled that the contractor's drug-test policy treated recreational cannabis users as addicts and therefore disabled. Discrimination on the basis of perceived disability is illegal in Alberta.

But a three-judge panel of the Alberta Court of Appeal has concluded the contractor's policy did not treat Chiasson as an addict.

"Rather it perceives that persons who use drugs are a safety risk in an already dangerous place," they said.

The judges said the evidence shows the effects of cannabis linger for days.

"We see this as no different than that of a trucking or taxi company, which has a policy requiring its employees to refrain from the use of alcohol for some time before the employee drives one of the employer's vehicles."

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