Skip to Content

Canadian employers facing marijuana challenges in the workplace

Brian Johnston, QC

Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024.

Employers know that medical marijuana is a psychoactive drug prescribed to deal with medical conditions and accordingly, since many of those medical conditions constitute a disability (which employers are bound to accommodate to the point of undue hardship) medical marijuana typically necessitates an assessment and accommodative approach.

The next challenge facing Canadian employers will come with the federal government’s promise to introduce legislation in the spring of 2017 to legalize marijuana. The Task Force led by former Deputy Prime Minister Anne McLellan has circulated a discussion paper entitled “Towards the Legalization, Regulation and Restriction of Access to Marijuana”.

In the recent US election, the State of California opted for legalizing marijuana. This puts America on the road to allowing 1 in 5 Americans to legally use marijuana.

Employers will have to be mindful of the consequences of legalization of marijuana. Detecting marijuana usage and impairment is a lot more complicated than detecting alcohol use or drunkenness. Canadian employers will want to learn more about the topic and engage with lawmakers.

Archive

Early court decisions on generative AI: What Canadian businesses need to know

BY Matthew N. Craig

Matthew N. Craig and Sam Schonfeld Regardless of which industry you are a part of, you have likely noticed the adoption of generative artificial intelligence (“GenAI”) all around you. Increasingly,…

Read More

Government of Canada introduces Protecting Privacy and Consumer Data Act

Sarah Dever Letson, CIPP/C, Maria Cummings, and Keeley A. Hussey On June 15, 2026, Bill C-36, An Act to enact the Protecting Privacy and Consumer Data Act, to amend the…

Read More

PEI’s new Employment Standards Act is now in force: What employers need to do now

Murray L. Murphy, K.C., CPHR and Jacob E. Zelman In our earlier update issued in March 2025 (At a glance: Key changes coming to Prince Edward Island’s Employment Standards Act), we flagged…

Read More

More health profession migrations: An update on Nova Scotia’s Regulated Health Professions Act

BY Tyana R. Caplan & Jennifer Taylor

By Tyana Caplan & Jennifer Taylor The midpoint of 2026 provides a timely opportunity to review which health professions in Nova Scotia have now migrated to the Regulated Health Professions…

Read More

A reason to reconsider probate planning in New Brunswick

By Christopher Marr, TEP, Partner with assistance from Brady McKinley, student-at-law Significant increase to New Brunswick probate tax and fees Effective as of June 12, 2026, probate fees and taxes have significantly increased…

Read More

Coverage – Policy Interpretation – Causation

BY Tipper McEwan

By Tipper McEwan In Green Rise Foods Inc. v. N.V. Hagelunie, 2026 ONCA 334 (CanLII),the Court of Appeal for Ontario considered a case involving a series of potential causes for…

Read More

Back to the office? Not without notice: BC Court of Appeal confirms work-from-home can be a binding term of employment

BY Sacha Morisset, K.C.

By Sacha D. Morisset, K.C. The British Columbia Court of Appeal has upheld a finding of constructive dismissal against a Vancouver real estate developer that directed a longtime remote employee…

Read More

The In-Canada Workers Initiative: Hope and Disappointment

By Brittany Trafford and Brendan Sheridan On May 4, 2026, Canada’s Minister of Immigration, Refugees and Citizenship announced further details on the federal government’s one-time initiative to accelerate permanent residence…

Read More

DeVenne v. DeVenne (Part III): Liability and Remedies

BY Tipper McEwan

By Tipper McEwan In Part One of this three-part series on a recent case involving a power of attorney lawsuit in Nova Scotia, DeVenne v. DeVenne, 2026 NSSC 61 (CanLII),…

Read More

DeVenne v. DeVenne (Part II): Breach of Duty

BY Tipper McEwan

By Tipper McEwan This is Part Two of a series discussing a recent case, DeVenne v. DeVenne, 2026 NSSC 61 (CanLII), involving a power of attorney lawsuit in Nova Scotia….

Read More

Search Archive