February

The latest iteration regarding the debate over drug and alcohol testing in the workplace recently came in the form of a decision from the Alberta Court of Appeal in Suncor Energy Inc. and Unifor Local 707A.

In 2012, Suncor began implementing random testing for workers in safety-sensitive positions at various sites. The arbitration panel that was implemented by Unifor, who grieved the testing as an infringement on the workers ' privacy, rejected Suncor's argument, finding that evidence of a widespread substance abuse problem was not specific to a particular group of employees in question.

But, in his judicial review, Justice Nixon found that the arbitration panel improperly focused on the lack of direct connection between Suncor's evidence. The matter will return to the courts for fresh adjudication.

Canada will see the legal use and regulation of cannabis for recreational purposes become the norm sooner rather than later, but this change in law presents a host of new challenges and opportunities for individuals and businesses.

The Cannabis Act, introduced by the federal government to regulate the production, distribution, sale and possession of cannabis, also sets out penalties for those acting outside the legal framework.

While some see cannabis legalization as a public nuisance with the potential to cause damage to residences in which it is grown, others are seeing its distribution as a money-making opportunity, with a potential market size of $23 billion.

In November, Arizona Governor Doug Ducey signed an Executive Order that would provide more opportunities for Arizonans with criminal records.

The Order prohibits state agencies from initially questioning applicants about their criminal records. Although it still allows state agencies to check the applicant's criminal record after the applicant has received an initial interview, it does not apply to private Arizona employers.

The state joins 29 others that are a part of the "Ban the Box" movement that prevents employers from asking about criminal records.