I need a lawyer

Gquebed

Gquebed

Well-Known Member
Short story. (I have my acmpr exemption. Not the actual pink. I haven't got that yet but I do have copies of the signed doctor forms which I submitted to HC two months ago.)

I had an incident at work. So I had to take the piss. I tested positive. So now I either go through a substance abuse program and test clean and subject myself to random testing for the next 24 months or I fight it. My workplace doesn't give a s*** about the exemption.

So i need a lawyer.

Any suggestions?

Also, is anybody else fighting this fight yet? Because I don't believe a present has been set.
 
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dienowk

dienowk

Well-Known Member
I do not know of a lawyer and have not run into this situation but this may have some answers for you as to your rights https://beta.theglobeandmail.com/report-on-business/careers/career-advice/life-at-work/im-on-medical-marijuana-for-pain-what-are-my-rights-at-work/article29384710/?ref=http://www.theglobeandmail.com&

The first question is answered by a partner at a law firm in Montreal (I'm assuming you are in Quebec from your username, if you are not I apologize) so that may be a law firm to start with.
 
WHATFG

WHATFG

Well-Known Member
"An employer, once informed, will have to complete an accommodation analysis, gathering further guidelines from the treating physician or an independent examiner, to confirm whether the use of prescribed marijuana interferes with the different tasks required. by the position."

given that there aren't any studies this should be good....so now you're going to have to let your employer speak with your physician....or an independent examiner and then they're going to make some determinations about YOUR MEDICAL CANNABIS use.

"Chronic marijuana consumption may have residual effects on concentration, attention and memory. "

or it may not

"Even though an employee isn't consuming on site or does not feel impaired while working, the employer will have to confirm whether these tasks, and any other safety-sensitive tasks, respect the limitations resulting from the drug."

Well here's my problem....who is determining the limitations resulting from the drug and what information are they basing those limitations on?....

"The analysis may not result in termination, unless no solution may be achieved without undue hardship."

....and there is the disclaimer.

so me thinks there are studies when they need them and not enough research when they dont want something....and now we're throwing rec into the mix...patients are always the ones getting that jagged pipe shoved up their asses again and again and again.
 
Gquebed

Gquebed

Well-Known Member
WHATFG said:
"An employer, once informed, will have to complete an accommodation analysis, gathering further guidelines from the treating physician or an independent examiner, to confirm whether the use of prescribed marijuana interferes with the different tasks required. by the position."

given that there aren't any studies this should be good....so now you're going to have to let your employer speak with your physician....or an independent examiner and then they're going to make some determinations about YOUR MEDICAL CANNABIS use.

"Chronic marijuana consumption may have residual effects on concentration, attention and memory. "

or it may not

"Even though an employee isn't consuming on site or does not feel impaired while working, the employer will have to confirm whether these tasks, and any other safety-sensitive tasks, respect the limitations resulting from the drug."

Well here's my problem....who is determining the limitations resulting from the drug and what information are they basing those limitations on?....

"The analysis may not result in termination, unless no solution may be achieved without undue hardship."

....and there is the disclaimer.

so me thinks there are studies when they need them and not enough research when they dont want something....and now we're throwing rec into the mix...patients are always the ones getting that jagged pipe shoved up their asses again and again and again.
Click to expand...

I believe this all falls under the "duty to accommodate" business and all that can be subjective.

But in my case.... no matter how biased their self-serving subjectivity could possibly be.... there's nothing to be done to accommodate me. I'm a warehouse supervisor. I sit at the desk most of the time answering emails and doing admin stuff when I'm not walking around making sure people are working and safe. The only thing would be to restrict me from operating the forklifts, which is not expected of me anyway.

So they have very very little wiggle room on this, if any at all.

By the way, I'm in Edmonton so...there's that. Although, I'm not sure the lawyer has to be here.

Does anybody know of any challenges like this going on in Canada? I thought I heard of a case last summer that started in Calgary?
 
WHATFG

WHATFG

Well-Known Member
Gquebed said:
I believe this all falls under the "duty to accommodate" business and all that can be subjective.

But in my case.... no matter how biased their self-serving subjectivity could possibly be.... there's nothing to be done to accommodate me. I'm a warehouse supervisor. I sit at the desk most of the time answering emails and doing admin stuff when I'm not walking around making sure people are working and safe. The only thing would be to restrict me from operating the forklifts, which is not expected of me anyway.

So they have very very little wiggle room on this, if any at all.

By the way, I'm in Edmonton so...there's that. Although, I'm not sure the lawyer has to be here.

Does anybody know of any challenges like this going on in Canada? I thought I heard of a case last summer that started in Calgary?
Click to expand...
so did the incident result in a compensable injury?...was anyone hurt or was there a near miss? and how long have you been performing your duties while being a patient?
 
Gquebed

Gquebed

Well-Known Member
WHATFG said:
so did the incident result in a compensable injury?...was anyone hurt or was there a near miss? and how long have you been performing your duties while being a patient?
Click to expand...
No injury. It was what we call a near miss. I was on a forklift (don't have to be but I was helping at a very busy time) and I bumped an overhead door railing and bent it a little. Because my company calls that a near miss I had to go piss, just like anyone of my crew would. (If a forklift so much as taps an empty pallet on the floor it is a "near miss" that I have to report and then take the employee for a test. It keeps me very busy and I know all the girls at the clinic extremely well...lol)

I sent in my ACMPR forms in August. I haven't received the HC paper yet, but I did get verbal confirmation from HC that my forms were good and that it is just a matter of time before I receive the official docs.

As I understand it, once the forms are signed by a doctor and the forms are complete, all is well. I have copies of those forms. Also, I was under the old MMPR (2011 to 2014). I let it lapse during the legal confusion and waited for the mess to be sorted out before applying for the ACMPR.
 
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legalcanada

legalcanada

Well-Known Member
idk that shouldnt even matter really, either way the doctor has already recommended it did you get a ID card from your clinic or anything ?
 
johny sunset

johny sunset

Well-Known Member
Gquebed said:
No injury. It was what we call a near miss. I was on a forklift (don't have to be but I was helping at a very busy time) and I bumped an overhead door railing and bent it a little. Because my company calls that a near miss I had to go piss, just like anyone of my crew would. (If a forklift so much as taps an empty pallet on the floor it is a "near miss" that I have to report and then take the employee for a test. It keeps me very busy and I know all the girls at the clinic extremely well...lol)

I sent in my ACMPR forms in August. I haven't received the HC paper yet, but I did get verbal confirmation from HC that my forms were good and that it is just a matter of time before I receive the official docs.

As I understand it, once the forms are signed by a doctor and the forms are complete, all is well. I have copies of those forms. Also, I was under the old MMPR (2011 to 2014). I let it lapse during the legal confusion and waited for the mess to be sorted out before applying for the ACMPR.
Click to expand...
Not sure if it would be the same for your registration. But my renewal was deemed affective the day HC received my app in the mail..
 
Gquebed

Gquebed

Well-Known Member
CalyxCrusher said:
Did HC tell you that specifically? Im honestly curious as I haven't heard of them saying anything of the sort officially
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No.

And they wouldn't say anything of the kind. They are not the end-all-be-all authority on this health Canada is just registration service. Case law that went the Supreme Court has set the standard. I believe that to be true anyway. The minute your doctor prescribes you the medication you are free and clear. The rest is just paperwork including the registration process with HC. Anybody can correct me if I'm wrong.
 
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