The Canadian Nuclear Safety Commission (CNSC) implemented pre-employment and random drug and alcohol testing for sensitive positions in nuclear power plants.
The applicants challenged this policy (RegDoc 2.2.4, Fitness for Duty, Volume II: Managing Alcohol and Drug Use) as unconstitutional under sections 7, 8, and 15 of the Canadian Charter of Rights and Freedoms.
Key Issues and Rulings:
Charter Applicability: The CNSC, as a governmental entity, is subject to the Charter.
Section 8 (Search and Seizure):
Engagement: Collecting bodily samples constitutes a "seizure."
Reasonable Expectation of Privacy: Despite diminished privacy due to the regulated nature of their work, workers’ privacy rights are engaged.
Authorization: The CNSC's broad regulatory powers under the Nuclear Safety and Control Act authorize the testing.
Reasonableness: Given the critical safety concerns in the nuclear industry, the testing provisions are reasonable.
Section 7 (Life, Liberty, Security): The testing provisions do not infringe on section 7 rights as they are necessary for safety.
Section 15 (Equality): The policy does not discriminate and applies uniformly to all Safety-Critical Workers.
Conclusion:
Judgment: The application for judicial review was dismissed. The CNSC’s testing policy is constitutional and reasonable.
The total monetary award/costs/damages granted/ordered is not specified in the provided excerpts from the judgment.
