Pubdate: Thu, 26 Jul 2007 Source: Winnipeg Free Press (CN MB) Copyright: 2007 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Lindsey Wiebe Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) CANDIDATES CHALLENGED TO TAKE DRUG TEST Reserve's Program Isn't Mandatory, Results Posted to Web Before Vote FISHER River Cree Nation has challenged all candidates in their upcoming election to be tested for illegal drug use, with the results posted publicly on the band's website. Testing isn't mandatory, but most candidates running for chief and council in the Aug. 16 election have agreed to submit hair samples, said Fisher River Chief David Crate. "We've been actually discussing this for quite some time with the community," said Crate, who said he's happy with the plan. Crate said the idea of drug testing for candidates was first raised in Fisher River a few years back. The Lake Winnipeg community passed a bylaw in 2004 confirming it is illegal for anyone to possess, make or use illegal drugs on the reserve, he said, and drug testing is currently mandatory for band employees. Other Manitoba bands, including Grand Rapids, do some limited drug testing for employees. Challenge At the band's nomination meeting a few weeks ago, a community member "basically put a challenge out to all the candidates that were seeking office," said Crate, and the majority of the roughly 50 people present agreed. Some candidates have opted not to take part. Two of the four candidates for chief reportedly tested negative, including Crate, and two candidates were not tested, according to results posted at www.fisherriver.com. Two of the 12 band council candidates refused to be tested, and the rest came back negative. Even though the tests aren't mandatory, a national human rights expert said they could still be seen as discrimination. "Potentially, this band could be opening themselves up to human rights complaints for conducting these drug tests," said Karen Izzard, a senior policy adviser with the Canadian Human Rights Commission. Izzard said although the tests are voluntary, the fact that they're done "in the context of a sort of employment opportunity" means refusing to take part could be viewed negatively. "Even if someone consents to it, it's still considered discriminatory, and they still potentially have grounds for a complaint," she said. Izzard said there could be potential exemptions related to the Indian Act, but believes an argument on those grounds would be "pretty tenuous." Another argument might involve the employee's responsibility to be a role model in the community, she said, but added those kinds of arguments "have not really been tested to any great degree." Any challenge to the Fisher River drug testing would fall under federal, not provincial jurisdiction, said Manitoba Human Rights Commission executive director Dianna Scarth. But Scarth said Manitoba companies that instate mandatory policies are treading on risky territory, as drug testing law is still evolving. "As a general rule, the onus is on the employer to show why it would be reasonably necessary to do drug testing of someone," said Scarth. [sidebar] HOW DRUG TESTING WORKS Testing for drugs like marijuana, cocaine, opiates, amphetamines and methamphetamines typically requires a urine sample. However, some labs can test with samples of hair, sweat or saliva. Who Can Do the Testing? Assure Lab Works promotes testing for a host of different groups, from concerned parents to companies who want workplace drug tests. The company also promotes their services for First Nations looking to implement drug testing. Is It Legal? There are no laws outright banning drug testing policies, said human rights expert Karen Izzard. But companies that opt for the practice open themselves up to human rights complaints. She cited a high-profile case involving Toronto Dominion Bank, whose mandatory drug-testing policy was eventually struck down. - --- MAP posted-by: Richard Lake