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. 
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MAP posted-by: Richard Lake