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Where there’s smoke: how employers can navigate employees’ cannabis use

Blue J Legal


According to the most recent statistics from the Canadian Cannabis Survey (CCS), 5% of people who used cannabis in 2018/2019 reported consuming it at least once a week during work or in the morning before, while 12% said they did so at least once a month.

Naturally, employers and employees have a vested interest in how recreational cannabis use is addressed in the workplace. What are each party’s respective obligations? How can recreational and medical cannabis use be navigated in safety-sensitive environments? And what happens if the employee reports an addiction to cannabis, thereby potentially implicating an employer’s duty to accommodate disabilities under human rights law?

Questions abound for employers and employees alike, especially given the relative novelty of legalised recreational use and the insufficiency of current impairment detection methods.

This webinar will cover key topics such as:

  • Challenges facing employers in the wake of widespread legalisation
  • Navigating potential impacts of employees’ use of medical and recreational cannabis in the workplace
  • Employers’ obligations regarding the duty to accommodate cannabis consumption under human rights law
  • Recent decisions highlighting key considerations for employers and employees






Shane Lamond
Legal Research Associate 
Blue J Legal

Shane Lamond is a legal research associate at Blue J Legal, designing and building the next generation of legal research tools. He uses machine learning and legal analysis to create predictive platforms determining the likelihood of a litigant’s success in court. He was an associate with McCarthy Tétrault LLP practising medical malpractice defence before joining Blue J Legal and writes on a diversity of emerging legal questions involving drones, the gig economy and cannabis. He graduated from the University of New South Wales (Australia) with a JD (distinction) and has a bachelor’s of applied science in integrated resource management from the University of Queensland (Australia).





Lisa Stam
Employment, Labour & Contracts Lawyer  

Lisa Stam is the founder of SpringLaw, a virtual law firm advising exclusively on workplace legal issues for employers and executives. She practises all aspects of employment, labour, privacy and human rights law, with a particular interest in legal issues arising from technology in the workplace. Her practice includes a wide range of entrepreneurs in the tech space, as well as global companies with smaller operations in Canada. In addition to the day-to-day workplace issues from hiring to firing, she frequently blogs and speaks on both the impact, risks and opportunities of social media and technology issues in (and out of) the workplace, as well as the novel ways in which changing expectations of privacy continue to evolve employment law. She spent three years in union-side boutiques and seven years at Baker McKenzie advising global employers, was a co-founding partner of an employment law boutique in 2014 and launched SpringLaw in 2017.


24 March 2020
17:00 - 17:55 UTC
55 min