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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If I have a medical merijuana card in Canada. And don't smoke

Customer Question

If I have a medical merijuana card in Canada. And don't smoke pot at work, or even bring it to work. Can I still be fired if I have drug test?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What province is this please?Are you in a union?Is this about a safety issue?
Customer: replied 2 years ago.
I am not in a union.
I am in Alberta.
They would say that I am in a safety sensitive postion. But if I smoke only on my days off why would that affect me at work? Isn't like saying I can't drink on my days off?
Isn't that againsty rights as a Canadian?
Expert:  Debra replied 2 years ago.
They cannot discriminate against you because you have a disability and part of this means that they owe you a duty of accommodation. So as long as you can prove through a medical report that you need to smoke pot at home and so long as the doctor makes this very clear that it is necessary but does not affect your ability to function at work they need to provide you with reasonable accommodations unless doing so would cause them to undergo undue hardship. So if they are shown there is no safety risk and even if smoking pot could normally get your dismissed they cannot dismiss you without facing a claim of discrimination because this is about your disability and not about your use of pot recreationally.
Customer: replied 2 years ago.
Thank you.
You were very helpful
Expert:  Debra replied 2 years ago.
You are very welcome.

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