That's a hypothetical suggestion.
Let me respond partly with an example. I have a formwork contracting client, who is the largest formwork contracting client in the province of Ontario. They estimate anywhere from 45% to 55% of their workers are using cannabis illegally right now. They have no means to test. They've had a few people thrown off the job who are visibly smoking on smoke breaks. That's what's happening right now.
On a smoke break at a construction site, since it's not prohibited and because it's open air, people are toking up and they're comparing smoking cannabis to smoking a cigarette, when the impairment effect is different. It's almost as if they were breaking out a case of beer on a smoke break. That's a better metaphor or comparison.
Employers don't want to get embroiled in criminal investigations related to the workplace. They don't want workers to get hurt. They just want the workers to come to work sober, to be able to do the job safely, and to get the productive work done.
The spirit behind the suggestion for a legislative framework.... I keep quoting the former chief justice because I think the courts are frustrated that there's no leadership and legislation on this complex issue and the balance that's been discussed here between privacy rights and the right to safety of workers in the public.
The practical reality is that there aren't enough police to police everybody who's going to smoke and put somebody else at risk, or do cocaine or drink alcohol. Some of the substances are legal and some of them aren't.
The focus here is not so much on the legality, but that legal cannabis will increase social acceptance and use. The risks are becoming higher for workers and co-workers in safety sensitive positions. The spirit behind the legislative framework I'm suggesting is to make and enhance protective measures in the workplace for the safety of workers and the safety of the public, while at the same time respecting the privacy rights of workers.
Employers just don't want to get involved in the problem of having criminal investigations at the workplace. They will resist it. I've been advising employers for a long time and that just seems to be a common theme, regardless of industry or jurisdiction.