The British Columbia Human Rights Tribunal, in French v Selkin Logging, found that an employer did not discriminate based on the ground of physical disability by refusing to allow the employee from smoking marijuana at work. The company’s zero-tolerance policy for drugs constituted a bona fide occupational requirement (BFOR).
Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of the York Regional Police, who used their Twitter account to respond by asking, “Can we come too?” Presumably, his employers were asking a different question: “Can we fire him?”
The media recently reported on an incident involving a British Columbia woman who admitted to a United States Customs and Border Protection officer that she had recently smoked marijuana. Although she had never been convicted of any criminal offense, this admission alone was sufficient grounds to ban her from entering the United States. The incident raised some interesting legal points, many of which will apply equally to business travellers.