No. The decision in Irving Pulp & Paper essentially said that the employer had two choices if they wanted a random test. This is only a random alcohol testing case. One, you either consult with and get agreement from the union...and the union said no. I'll come back to that point. It was an unfortunate lack of union leadership, from my opinion on the issue. They said that if you don't get union agreement, then you have to be able to prove that your testing will be rationally connected to the risk associated with the particular workplace.
At Irving I think there were three accidents caused by people drinking over the course of five or six years. That wasn't enough. In the Suncor case in Alberta—soon to be released by the Alberta Court of Appeal—there were three fatalities in eight accidents in a 10-year period. The arbitration board said that was not enough.
What the courts are saying is that the unions' privacy interest say.... It's vague, somewhat reliant upon section 8 of the charter, but because it's not stayed action, employer versus worker, it's not a constitutional issue, in my opinion. They're saying that you have to have more evidence, more accidents, more property damage, and possibly more death before you get to implement unilaterally that kind of implementation. There's a great dissent by a court of appeal justice in Alberta who said that this is foolishness. This is madness. Why are we going to have to have a body count, an injury count, of workers before we can protect workers?