Pubdate: Thu, 05 Jan 2017
Source: Ottawa Citizen (CN ON)
Copyright: 2017 Postmedia Network Inc.
Contact:  http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Joanne Laucius
Page: A4

LEGAL POT 'MANAGEABLE,' LAW FIRM REPORT SAYS

Marijuana a 'human-rights issue' employers will have to consider

Medical cannabis has been named among the top biggest legal risks for
businesses in 2017, according to a report from Canada's largest law
firm.

In its annual report on key trends and regulatory changes, Borden
Ladner Gervais predicts medical marijuana will have a major impact on
businesses - such as the possibility of employees being stoned on the
job. But that doesn't mean employers should freak out about it -
because overreacting is also a risk, said Rob Weir, a partner in the
law firm.

"Employers think they will have employees stoned out of their minds. I
think that's an overreaction," said Weir, who urges employers to look
at the evidence.

For example, many users ingest medical marijuana in edible form and
aren't smoking it - so there's no need to worry about providing
smoking rooms for workers who use medical marijuana, as some have feared.

"It's a risk to overreact," said Weir. "That's always a risk in
law."

He also feels there's been an unreasonable amount of worrying about
employees being "high" at work. It's fair for employers to ask that
workers who use prescription medication are able to do their jobs safely.

Under human rights legislation, employers have a duty to accommodate
employees with disabilities. If a worker has written communications
from a doctor or other evidence that they must be permitted to use
cannabis for medical purposes, an employer will have to consider the
request.

Whether the duty to accommodate requires the employer to permit the
worker to consume medical cannabis depends on a number of factors,
including the nature of work and the impact the use of cannabis would
have on productivity. Employers also have a duty under provincial
occupational health and safety legislation to maintain a safe workplace.

If the employee can't work safely, then they qualify for long-term
disability, if the employer provides that, said Weir.

It's too early to say how the issue of marijuana on the job will play
out in the legal system. But it's also a human-rights issue and
employers have to understand their responsibility to accommodate
workers, he said.

"In my view, it's completely manageable. People come to work with all
kinds of medications," he said.

The report also points out that changes to the Access to Cannabis for
Medical Purposes regulations present new opportunities and challenges
in health care and capital markets. Health care facilities could be
facing a push towards greater acceptance of medical cannabis in their
settings with the increasing social acceptance of products such as
cannabis oils and capsules, as well as the outcome of some Canadian
Charter of Rights and Freedoms challenges, said the report.

The loosening legal framework around medical cannabis is also fuelling
fast growth. The Canadian market is forecasted to peak at $1.1 billion
by 2020, even without full legalization for recreational use, says the
report. "The Canadian market for cannabis could get even hotter if the
federal Liberals make good on their election promise to fully legalize
cannabis for recreational use, which is widely anticipated."
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MAP posted-by: Matt