Can’t you simply inform your boss or my rental board you might have nervousness, if they arrive after you for smoking on the job or in my condominium? How far will medical exemptions get you, precisely?
Theoretically, fairly far. “If someone has a valid medical authorization—that is, they’ve gone to their doctor and have a prescription—it basically triggers their human rights protections as someone with a physical or mental disability,” says Alison McMahon, CEO of schooling and recruitment group Cannabis at Work. The employer has a obligation to accommodate their worker, which often means acquiring medical info to modify the employee’s position, expectations and schedule as vital.
Still, explains McMahon, any specific set of particular lodging will get to be “reasonable in context of the employer’s policy.” That means even with prescription in hand, you gained’t be toking at your desk. All smoking is forbidden by the Smoke-Free Places Act, which incorporates enclosed workplaces and public areas. A medical licence may allow you to dodge a ticket for smoking the place you shouldn’t, however some restrictions are extra enforced than others. Don’t even consider lighting up too shut to a hospital or daycare, for instance. Legislation varies by province, as do bylaws by municipalities, however most medical cannabis people who smoke will discover themselves stepping off work property (and a specified variety of metres away from the door) to imbibe.
Then may they butt out and get again to work? Not fairly. “Here’s where it gets muddy,” says McMahon, “because the employer under no circumstances has to accommodate impairment.” In reality, and particularly if the employee has any sort of safety-sensitive place, the office has a obligation to anticipate and guarantee staff are not impaired. “We’re all looking for that Holy Grail test of impairment,” says McMahon, “because impairment is the unsolved problem here.” Drug checks are under no circumstances a broadly accepted apply to Canadians; they’re sometimes solely allowed beneath sure circumstances (like pre-employment or post-incident) and in safety-sensitive workplaces. Even if pot-smoking staff agreed to drug-tests that show they weren’t surpassing the physician’s orders, variables make such a check utterly unreliable. “It’s all very situational, depending on the person, diagnosis, strain, amount, time of day, tolerance.”
How a lot leeway your boss permits possible is dependent upon your affliction. “If someone has MS or cancer or AIDS, we can all accept their cannabis. But if they have something like anxiety, people get judgmental and stigma comes into play,” says McMahon. Since these selections belong between sufferers and docs, and are usually not the enterprise of their bosses, staff don’t want to disclose the small print. “Employers can’t ask and employees do not have to disclose their diagnosis, only their prognosis.” HR will in all probability need to know in case your sickness is long- or short-term, if and whenever you’ll get higher, and what impression it can have in your job.
All these rights apply equally to the house entrance: “If someone’s using cannabis to treat a medical condition or illness, that’s a human rights issue,” says Trina Fraser, companion at Brazeau Seller and self-described “cannabis lawyer.” While landlords and rental boards are going rogue with cannabis bans in their contracts, implementing these clauses could possibly be disastrous if the tenant has a prescription correct in hand. “I’ve been telling landlords, ‘If you try to evict someone for medical marijuana, expect to get slapped by the human rights tribunal,’ ” she says. The Residential Tenancies Act, in the meantime, says you possibly can’t be evicted for merely breaching a clause in your contract. “The basis for eviction are specifically laid out in the act, like not paying your rent, conducting an illegal activity, causing undue damage or interfered with the reasonable enjoyment of the premise by other tenants.”
In a world with completely authorized weed, solely the latter might conceivably rely as foundation to boot you from your house. “But what level of proof is going to be sufficient? How are the rights of the person next door to not smell smoke going to balance with the rights of a patient to consume their medicine?” asks Fraser. Nobody is aware of simply but, however in the meantime, landlords wanting to keep away from the courts ought to assume extra about accommodating and fewer about banning pot people who smoke. “Maybe you add weather stripping under the door, or provide an outdoor common area for smoking, or maybe it’s reasonable to ask tenants to smoke on the balcony instead,” she says. “And remember: people tend to follow reasonable rules and ignore the unreasonable ones.”