www.lexpert.ca/usguide | LEXPERT • June 2019 | 47
cannabis for medical purposes, and 76
percent do so for recreational reasons. "So
now that recreational cannabis is legal, it's
clear to see it's a material and meaningful
social and workplace issue."
One reason for the lack of clarity is that
rules and regulations are not uniform
across the country. "While the federal
Cannabis Act legalized recreational can-
nabis," says Stephen Shamie, a senior labor
and employment lawyer in the Toronto
office of Hicks Morley LLP and the firm's
managing partner. "Each province and
territory has established its own statu-
tory framework to deal with legalization,
which, among other things, sets out the
age at which an individual can buy, pos-
sess, use and grow recreational cannabis."
And, drilling down even further, adds
Shamie, many municipalities across the
ample, in terms of alcohol and medicinal
cannabis in the workplace."
He says employers in Canada have a duty
to accommodate the medical use of can-
nabis. "However, we don't have a duty to
accommodate the recreational use of can-
nabis. e only circumstance where that
doesn't apply is if someone has an addiction
to cannabis, much like if someone has an
addiction to alcohol, then it becomes a dis-
ability which has to be accommodated."
Cannabis addiction is considered a dis-
ability under most human rights legisla-
tion, and employer policies should ensure
that policies cover potential addiction is-
sues with procedures to appropriately re-
spond to such concerns, says Norton Rose
Fulbright's Charney.
"Yet just because an employee likes us-
ing recreational cannabis doesn't make the
country have also implemented regula-
tions to address recreational cannabis
and its sale or use. Some municipalities
have passed by-laws to prevent the sale
or use of cannabis, making each city dis-
tinct in its rules and regulations. Hence,
there is "certainly no 'one size fits all' ap-
proach to recreational cannabis in Can-
ada," says Shamie, "and employers need
to be aware of the requirements that may
vary by jurisdiction."
e law may be evolving, but potential
risks – think human rights, accommoda-
tion, to name a few – need to be managed,
but there are tools that may provide guid-
ance, says Hendrik Nieuwland, a partner
with Shields O'Donnell MacKillop LLP.
"We're not reaching around in the dark;
employers can draw on what has been
learned regarding accommodation, for ex-
