On November 22, 2000 the Saskatchewan Human Rights Commission adopted a policy on alcohol and drug testing.

The Commission accepts these principles when assessing allegations of discrimination:

• Testing does identify persons with disabilities and does target them for discriminatory treatment. Therefore, in most situations it will not be allowed under the Code.

• Testing will only be acceptable in exceptional circumstances that must be justified by the employer in accordance with the criteria established by the Supreme Court of Canada. An employer will have to show that:

• Testing achieves a purpose rationally connected to the work, such as preventing impairment in safety sensitive positions, and that it acted in good faith to achieve that purpose

Because drug testing does not determine impairment, it may be justified only in the most unique circumstances. Alcohol testing may be more easily justified in safety sensitive positions.

The Commission realizes that drug and alcohol use is an important issue for some employers. They may wish to ensure that no alcohol or illegal drugs are brought into the workplace. Some may wish to ensure that their employees are free from the influence of drugs and alcohol at any time during hours of work. In some jobs, employees whose judgment is impaired by alcohol or drugs may place themselves or others at risk of serious harm. To address these concerns, some employers are implementing drug and alcohol testing programs.

 Prohibiting employees from possessing, using or being under the influence of illegal drugs or alcohol while in the workplace does not violate The Saskatchewan Human Rights Code. However, unnecessary testing and automatic or severe discipline for positive test results may collide with the rights of employees to non-discriminatory treatment.

There are very few court cases on this issue to date. Many situations that may arise in the normal workday have yet to be explored. The above policy constitutes the Commission’s interpretation of what is required under The Code at the present time. Copies of the Commission’s policy statement on Drug and Alcohol Testing are available at its offices in Regina and Saskatoon and can be accessed on the Commission’s website: http://www.shrc.gov.sk.ca

Together with the Saskatchewan Association on Human Rights, members of the Commission staff host human rights seminars for Saskatoon and Regina employers.

The seminars are part of ongoing information sessions geared to employers and union representatives from around the province to provide a comfortable and confidential atmosphere in which the basic tenets of human rights laws are presented.

Beginning with an overview of what constitutes discrimination and an outline of The Saskatchewan Human Rights Code, Commission staff summarize what options are in place for employers who become the recipient of a human rights complaint.

Each employer representative have the opportunity to ask questions and talk with human rights staff who resolve complaints and deal with equity issues.

The Commission’s November seminar in Saskatoon was attended by nearly 70 people from a diverse cross section of Saskatoon and area businesses and unions. Commission staff engaged in role playing scenarios to highlight the dos and don’ts during the job application interview process as well as the procedures that are followed when

a complainant first approaches the Commission with allegations of a complaint. The early resolution concept of the settlement process was examined in another role playing scenario.

Just days before the November seminar the Commission ratified a drug and alcohol testing policy. Milton Woodard, senior staff solicitor, explained the Commission’s new policy and dealt with questions regarding the policy from both management and union officials.

Feedback from the participants was extremely positive and indicated a willingness to learn more about the Commission and the Code.

The information provided by the Commission to businesses and unions gives a better understanding of the Commission and the Code. Indeed, the Commission believes that with the application of human rights principles to the workplace, there is less staff turnover, less absenteeism and fewer employee disputes.

The Commission welcomes the opportunity to present workplace seminars. Any business or labor group interested in having the Commission make a presentation can contact the Saskatoon or Regina offices.

To commemorate International Human Rights Day on December 10, about 15 people from Amnesty International group 33 and the Saskatchewan Human Rights Commission sponsored a candlelight walk in Saskatoon.

The march began at the bottom of the Broadway Bridge and concluded at St. Joseph’s church hall where a pot luck supper was held. Helen Smith-McIntyre of Amnesty International maintained a 20-year tradition at December 10 anniversary events 

with the recitation of the Candle Poem, followed by the lighting of candles at each of the tables in the church hall.

A moment of silence served to remember human rights abuses and horrors still occurring around the world.

Prof. Forrest Martin, the Ariel Sallows Fellow at the University of Saskatchewan’s College of Law, delivered the after dinner  speech: The International Human Rights Movement: Old Fights, New Challenges.

The walk and after dinner meeting is an annual event to mark the anniversary of the adoption of the Universal Declaration of Human Rights by the United Nations on December 10, 1948 and to emphasize the need for people to become involved in ensuring the protection of human rights.