Pubdate: Thu, 23 Jul 2015 Source: Vancouver 24hours (CN BC) Copyright: 2015 Vancouver 24 hrs. Contact: http://vancouver.24hrs.ca/letters Website: http://vancouver.24hrs.ca/ Details: http://www.mapinc.org/media/3837 Author: Michael Mui Page: 3 POT-SMOKING CANCER PATIENT LOSES TERMINATION CASE Marijuana discovered after John French and a coworker struck a moose while driving a truck The B.C. Human Rights Tribunal has ruled against a man who claimed he needed to smoke pot as a pain management-tool for cancer during his employment with a logging company - he was fired for not agreeing to come to work drug-free. John French's complaint against his former employer, Selkin Logging Ltd., was dismissed in a decision earlier this month. His ex-bosses argued that, for months, French had been smoking marijuana at work contrary to the law and workplace rules, and only offered the excuse that he's a cancer survivor. The tribunal found that French had no evidence he actually used the marijuana for medical purposes, even though there was evidence his cancer did recur for at least some time during his employment. French didn't have a "marijuana card," nor any documentation that authorized his possession or use of marijuana. He argued his doctors were aware of his pot use for pain management, and "they told him he could use it if it worked." He also argued that his marijuana was of medical quality and didn't impede his work, even though he smoked up to eight joints per day. Indeed, there was no evidence his work was impaired, even when he was operating heavy machinery. But there also wasn't any evidence that the pot was medical grade. French was finally confronted by his employer after months of complaints from other employees-the catalyst was when French and a coworker struck a moose while driving a truck and marijuana was found inside the vehicle. "Mr. French's smoking of marijuana at work, without legal authorization and without medical authorization confirming that it is safe for him to do so, was an accommodation which his employer could not properly abet in the circumstances," the tribunal wrote. - --- MAP posted-by: Matt