How Workplaces Threaten Patient Access

We have seen a number of landmark cases that have laid the groundwork for patient access in Canada, including Parker, Allard, and Smith. It has been established that it is an individual’s constitutional right to access cannabis for medical purposes.

However, there are a number of restrictions created by the employment relationship that threaten this access. The workplace is rife with discrimination and often forces employees to make a choice between their income and their medicine.

The Process For Disclosing Medical Cannabis Use To Employers is Broken

We recently looked at the case of Brendan Uprichard, who was fired after failing to tell his employer he was a medical cannabis user. That case highlighted the requirement of employees who hold a safety-sensitive role to disclose their cannabis use. However, it also highlighted a number of the flaws with the disclosure process.

Preferably, we would have a system where employees could be upfront with employers about their medical cannabis prescription even during the hiring process. Employees would disclose use and an assessment would be made if accommodation were needed or not.

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