On May 29, 2025, the Supreme Court of Canada dismissed the application for leave to appeal from the judgment of the Federal Court of Appeal ("FCA") in Power Workers' Union v. Canada (Attorney General), 2024 FCA 182, which upheld the constitutionality of mandatory drug and alcohol testing requirements for nuclear workers in safety-critical positions.
Background
In 2020, the Canadian Nuclear Safety Commission ("CNSC") adopted a regulatory document (the "RegDoc") which, among other things, required high security nuclear facilities in Canada to implement pre-placement and random drug (urine, oral fluid) and alcohol (breathalyzer) testing for employees in safety-critical positions (the "Testing Provisions"). Six employees and their unions challenged the Testing Provisions in the RegDoc, arguing, among other things, that they infringed sections 7 (right to life, liberty and security of the person), 8 (protection against unreasonable search and seizure), and 15(1) (right to equality) of the Canadian Charter of Rights and Freedoms. The Applicants also sought, and obtained, an injunction staying the implementation of the testing provisions pending a final determination of the Application.
The Federal Court, Federal Court of Appeal Uphold the Testing Provisions
In 2023, Justice Diner of the Federal Court of Canada dismissed the Application in Power Workers' Union v. Canada (Attorney General), 2023 FC 793. Focusing primarily on the section 8 argument, Justice Diner concluded that the Testing Provisions did not infringe an employee's right to be free from unreasonable search or seizure...
