I'm not a doctor and I don't even play one on TV, but I've done a lot of reading in the area.
What I'd encourage the committee to look at is the injunction decision of the Honourable Justice Frank Marrocco on the TTC policy “fitness for duty”. What it essentially does is it takes a consensus of medical experts on cannabis impairment from around the world, gets a consensus statistical average of what the readings are of THC—tetrahydrocannabinol, the active psychoactive ingredient in marijuana and hashish—and then doubles it. It says that anything below that threshold is considered a negative; everything at or above it is a positive.
To protect the privacy concerns of workers and union leaders, the results are not disclosed to the employer. This is the standard for all testing in Canada, limited as it is.
Then the results are reviewed by a medical review officer, and sometimes there is a legitimate explanation and/or a medical authorization—in the vernacular code, a prescription—and a conversation takes place between the worker and the medical review officer or doctor. It is only after the assessment is done that, to protect the privacy and the medical personal interests of the worker, it may be reported as a positive to the employer.
If the employer gets a positive result, the worker—with a union representative, if they're unionized—gets to advise or self-declare, if they have a dependency or an addiction. If they do, human rights legislation across Canada requires the employer to treat it as a disability, and they are accommodated to the point of undue hardship, which is fancy legal talk for saying they're sent to rehab. If they recover and they're sober, they can come back.
That often is happening today. The problem, however, is that there is no detection or deterrent effect because of the inability to have random testing, which is the law, set down by the Supreme Court of Canada in Irving that is being tested by the TTC.
All of that litigation—