The Canadian Press

Alberta’s top court upholds injunction against drug testing of Suncor workers 2012

This ruling is considered a small victory by the union battling over testing since

The Alberta Court of Appeal has upheld an injunction that stops random drug and alcohol testing at Suncor Energy sites in the northeastern part of province.

In a two-to-one decision, the court dismissed the appeal by Calgary-based Suncor, which has been arguing for years that random tests are needed to bolster safety at its projects near Fort McMurray.

RELATED: Consider workplace safety in legalized marijuana rules, groups urge

A Court of Queen’s Bench judge granted the injunction last December, pending an arbitration hearing, after the union representing about 3,000 oilsands workers in the region requested one.

“We are not persuaded of any reviewable error in the chambers judge’s exercise of discretion,” said the Appeal court decision released Wednesday.

Suncor and Unifor Local 707-A have been battling over random testing since 2012, when the company announced it was going to start the practise. The union argues that it violates workers’ rights and privacy.

That same year, the union was granted its first injunction pending an arbitration hearing into a grievance about the testing.

Arbitration has basically been ongoing ever since. A judicial review set aside an arbitration award and ordered a hearing before a new panel. The Appeal Court previously upheld that ruling.

The union is now waiting to hear whether the Supreme Court of Canada will weigh in on the case.

“It will set precedent for sure if we’re able to get there,” said Ken Smith, president of Unifor Local 707-A.

He called Wednesday’s ruling a small victory.

“It’s one more legal hurdle that we’ve gotten by and it’s one more panel that has upheld the decision that this strikes at the dignity and respect of workers,” Smith said.

The Appeal ruling said the crux of the case is balancing safety against privacy interests.

Two judges noted that while there is clearly a safety issue, random testing would target about 1,339 employees per year or 104 per month.

“It is therefore conceivable that some union employees would be forced to comply with multiple tests within the same month … constituting a significant intrusion on their privacy, dignity and bodily integrity.”

Justice Frans Slater wrote in his dissenting opinion that Suncor’s “concerns about substance abuse are not just hypothetical.”

Some workers have tested positive for drugs including cocaine and opiates, he said, and security officers have not only discovered drugs but also fake urine, urine tampering devices and weapons.

Slater said he would have allowed Suncor’s appeal and set aside the injunction.

Suncor spokeswoman Sneh Seetal said the company is reviewing the Appeal decision and assessing its options. It has been trying to address safety concerns posed by drugs and alcohol over the last 20 years, she said, but no other measures have appropriately mitigated the risk.

“We care about the people at our site. We want to ensure we send folks home at the end of their shift,” Seetal said.

“We wouldn’t be pursuing this if we didn’t feel it was absolutely necessary.”

Like us on Facebook and follow us on Twitter.

Just Posted

Kodiaks begin best-of-seven series strong

The Kodiaks opened their quarter-final playoff series by defeating the Delta Ice Hawks on home ice.

Heritage proposal for Aldergrove fire hall at a ‘standstill’

The Alder Grove Heritage Society faces a delay in knowing the fate of the fire hall due to tenants slated to live in the building until 2020.

Langley hosting high-flying fun at annual gymnastics tournament

Action runs Friday through Sunday at the Langley Events Centre fieldhouse.

BREAKING: Plecas won’t run in next election if legislature oversight reforms pass

B.C. Speaker and Abbotsford South MLA says he feels ‘great sympathy’ for Jody Wilson-Raybould

Langley Secondary students rehearse upcoming musical comedy

The Langley Secondary Musical Theatre Company presents Guys and Dolls on Feb. 22.

VIDEO: How much snow do you have?

Langley residents are being asked to share images of their snow to enter for a $20 coffee card.

Stabbing at Lower Mainland banquet hall sends man to hospital

RCMP says victim has ‘non-life threatening’ injuries, incident still under investigation

Eight cases of measles confirmed in Vancouver outbreak

Coastal Health official say the cases stem from the French-language Ecole Jules Verne Secondary

Ontario police field complaints over Amber Alert for missing girl, 11, found dead

Some said the Amber Alert issued late Thursday for Riya Rajkumar disrupted their sleep

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

B.C. couple attacked with acid, slashed with knife in Vietnam

Warning, graphic images: Man has burns on 80 per cent of his body, slashed with knife

Northern B.C. First Nation clan says ancient tools found at pipeline work site

Archeologists from the Smithsonian Institute estimate one of the stones found dates back up to 3500 years

Man taken to hospital for smoke inhalation, burns after fire at RV park

Firefighters find man suffering from smoke inhalation, burns to face and hands: battalion chief

Most Read