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Interlocutory injunction granted staying implementation of mandatory random and pre-placement drug and alcohol testing for nuclear workers.
The applicants, unions representing safety-critical employees at Class 1 high-security nuclear sites, brought a motion for an interlocutory injunction staying the implementation of mandatory random and pre-placement drug and alcohol testing prescribed by a regulatory document (RegDoc) issued by the Canadian Nuclear Safety Commission.
The Federal Court applied the RJR-MacDonald tripartite test.
The Court found a serious issue to be tried regarding the legality and constitutionality of the testing, that the highly intrusive and non-consensual collection of bodily fluids constituted irreparable harm, and that the balance of convenience favoured the applicants given the existing robust fitness-for-duty programs.
The motion for an interlocutory injunction was granted pending the final disposition of the application for judicial review.
