Stewart v Elk Valley Coal Corp., 2017 SCC 30

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Stewart v Elk Valley Coal Corp., 2017 SCC 30.
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Stewart v Elk Valley Coal Corp., 2017 SCC 30.
Area of Law: Drug Addiction, workplaces discrimination and Human right laws
Every individual has the rights to life, freedom, and security of person. This is the
universal declaration under Human rights laws. Frequent users of drugs often have their
safeguard of person and bodily integrity violated. In most states in Canada, possessing drugs
is a criminal offence. This rule criminalises persons using drugs themselves and to some
extent, is illegal to have drugs in the bloodstream. In Canada, people who use drugs are
inherently vulnerable to discrimination at their workplaces or can even be subject to invasive
searches, and being discharged.
The majority of court decisions do not often change the framework of finding
discrimination. This implies that a complainant ought to show there have traits that are
safeguarded under the relevant Human rights code. They should further show that they have
experienced an adverse impact and that the safeguarded traits were a key factor in this form
of treatment. As a result, Canada has refused to raise the bar for the finding of discriminatory
frameworks by requiring the complainant to prove that the treatment was stereotypical or the
complainant’s safeguarded characteristics were violated or there were causal factors in the
adverse treatment. They are welcome findings as they make sure that the applicants are not
placed on an even greater onus in order to establish discrimination.
Facts
Stewart was a coal worker, driving a loader. He had been working for the company
for over ten years and in that period there was little controversy on safety issues. Mining
works are known to be the most dangerous occupations of all, with a significant risk of big
injuries or even death compared to other occupations. The Mining Company that employed
Stewart had already implemented an "Alcohol, Illegal Drugs and Medication Policy". The