Fall 2018 LEADERSHIP, ADVOCACY AND SERVICE FOR MANITOBA S PUBLIC SCHOOL BOARDS

Transcription

1 Fall 2018 LEADERSHIP, ADVOCACY AND SERVICE FOR MANITOBA S PUBLIC SCHOOL BOARDS

2 CENTRE FOR ADDICTION AND MENTAL HEALTH 2014 Canada one of the highest rates of use 40% of Canadians used in lifetime 10% used prior year 20% of youth 15 to 24 years old 70% of users over 25 years old

3 STATS CANADA QUARTERLY SURVEY (AUGUST) About one in seven (14%) cannabis users with a driver's licence report driving within two hours of using One in twenty Canadians was a passenger in a vehicle operated by a driver who had consumed cannabis within two hours Close to 16% of Canadians report using cannabis in the past three months Males prefer dried flower and leaf, whereas females prefer edibles Nearly one million Canadians report spending more than $250 on cannabis over three months Canadians who currently use cannabis more likely to report increased use with Legalization

4 MAIN REASONS FOR USING CANNABIS LGA Manitoba Survey could select multiple answers 62.7% of users reported consuming for relaxation and/or fun 28.2% of users reporting cannabis use for medical reasons other than pain management 21.4% of users explicitly mentioning pain management 13.6% of users reported using cannabis to help fall sleep 11.8% of users identified usage for social interactions

5 USAGE - MANITOBA LGA SURVEY Joints 52.9% Water Pipe/Bong 25.3% Handheld pipes 23.6% Vaping 22.0% Edibles 19.4%

6 FORMS Cigarettes, water pipes, vaping Edibles: cooking oils, drinks muffins, honey, spreads Others: pills and sprays ointments, creams, concentrates

7 EFFECTS Physiological effect acts on central nervous system alters how one feels, thinks and acts motor coordination, perceptual ability short term and long term memory decreased accuracy, efficiency variables: age, weight, sex all affects worker safety

8 EFFECTS (cont d)

9 CURRENT LEGISLATION Access to cannabis for medical purposes, R vs Parker 2000 Access to Cannabis for Medical Purposes Regulations 2016 Allows for possession and consumption fresh and dried and oil product only from Health Canada licensed producer MDs control who gets prescription possession is lesser of 30x daily or 150 grams

10 FEDERAL LEGISLATION Task Force Report, November 2016 Cannabis Act, Spring 2017 Legal framework for controlling production; sale; distribution No changes to medical usage Implementation date October 17, 2018

11 LEGISLATION (cont d) Restrict youth access location of sales Protect young people from promotion/enticement- ads and packaging Penalties for providing to youth Product safety and quality

12 PROVINCIAL LEGISLATION Bill 25: Cannabis Harm Prevention Act Royal Assent June 2, 2017, Part 2/3/5/6 proclaimed at later dates Part 1 Child Sexual Exploitation and Human Trafficking Act Cannabis defined a controlled substance Part 2 Driver and Vehicles Act Registrar can suspend license if driver has 24 hour roadside suspension

13 PROVINCIAL LEGISLATION (cont d) Part 3 Highway Traffic Act transportation of consumption of 24 hours suspension for Part 4 Mental Health Act cannabis listed as intoxicant Part 5 Non-smokers Health Protection Add smoking of cannabis prohibition in an enclosed public place include e-cigarettes

14 PROVINCIAL LEGISLATION (cont d) Part 6 Off Road Vehicles Act Same as for vehicles Part 7 Public Schools Act Student Code of Conduct Prior not possess alcohol or illicit drugs Once legalized Cannabis still prohibited

15 March 20, 2018 PROVINCIAL LEGISLATION Bill 25 - The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places). intent of the Bill is to prohibit the smoking or vaping cannabis in outdoor public places and other places specified by regulation. Current legislation prohibits smoking or vaping cannabis in enclosed public places

16 PROVINCIAL LEGISLATION (cont d) outdoor public place means an outdoor place to which members of the public have access, including, but not limited to, (a) a sidewalk, street, highway or outdoor parking lot, (b) a park, playground or beach, (c) an outdoor pool, splash pad or water park, (d) a playing field or other outdoor sports venue, (e) an outdoor entertainment venue, (f) the grounds of an educational institution or facility, and (g) an outdoor patio or deck that is associated with a restaurant or other enclosed public place;

17 PROVINCIAL LEGISLATION (cont d) No e-cigarette use in enclosed places 2(1.1) Except as permitted in section 3, 3.1 or 4.1, no person shall use an e-cigarette in (a) an enclosed public place; (b) an indoor workplace; (c) a group living facility; (d) a public vehicle; or (e) a vehicle used in the course of employment, while carrying two or more employees.

18 PROVINCIAL LEGISLATION (cont d) 8(1) A person who contravenes a provision of this Act other than section 2, or 5 or 5.2 or a provision of the regulations, is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $3,000; (b) for a second offence, to a fine or not more than $5,000; (c) for a third or subsequent offence, to a fine of not more than $15,000

19 PROVINCIAL LEGISLATION (cont d) 8(2) An individual who contravenes subsection 2(1) or (1.1) or section 5.2 is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not less than $100 and not more than $500; (b) for a second offence, to a fine of not less than $200 and not more than $750; and (c) for a third or subsequent offence, to a fine of not less than $300 and not more than $1.000.

20 PROVINCIAL LEGISLATION (cont d) March 20, 2018 Bill 26 - The Impaired Driving Offences Act responds to the impaired driving provisions in the federal government s Bill C-46 introduces new provincial sanctions for drivers who fail oral fluid drug screening devices and for drivers who commit one of the new Criminal Code offences outlined in Bill C-46.

21 PROVINCIAL LEGISLATION (cont d) include new administrative driver s licence suspensions for impaired driving. updating the list of offences that must be reported to the Registrar of Motor Vehicles, along with the list of suspensions and disqualifications that can be appealed to the Licence Suspension Appeal Board; revising the list of offences for which a conviction reduces or cancels the entitlement to receive compensation under The Manitoba Public Insurance Corporation Act; and making related amendments to The Blood Test Act and The Provincial Offences Act.

22 AMENDMENTS TO NON-SMOKERS HEALTH PROTECTION AND VAPOUR PRODUCTS ACT EXEMPTIONS FOR MEDICAL USE OCT 9, 2018 October name change to - The Smoking and Vapour Products Control Act. medical cannabis users will now be permitted to smoke or vape medical cannabis in outdoor public places except: within eight metres of a building to which the public has access; on (or within eight metres of) a restaurant or bar patio or deck;

23 The Smoking and Vapour Products Control Act. (con t) at a stadium or outdoor entertainment venue, or within eight metres of those venues; in a wading pool, splash pad or water park, or within eight metres of those locations; in or within eight metres of a playground; on a public beach; and in bus shacks or other similar structures to which the public has access, or within eight metres of such structures.

24 IMPLICATIONS Even when legalized, no absolute right: to use in workplace to be under the influence at work to smell of Employer still responsible for safety and welfare of employee WPS&H Employee under influence may possess safety risk

25 REVIEW POLICIES Similar to existing policies for alcohol and non-prescription drug use Remember no longer illicit drug Not be impaired or under the influence Must be fit for duty and remain fit for duty Scent policies Cannabis has distinct smell; nauseating to some

26 IMPAIRED OR UNDER THE INFLUENCE Odor glassy or red eyes, unsteady gate, slurred speech/words, poor coordination, decreased cognitive ability or judgement A change in behaviour or ability that could lead to the risk of injury, illness or incident to that person or others Not fit for duty

27 CANNABIS FOR MEDICAL USE

28 CANNABIS FOR MEDICAL USE (con t) No changes to content of legislation Accommodation as may be required Must have prescription and medical documentation to confirm Medical documentation must address safety - able to fulfill duties Inquire as to strength and dosage Possible alternate method to smoking, ie. in food

29 TESTING - Driving Drager DrugTest 5000 AKA The Drugalyzer 24 hour Road side suspension if under the influence Saliva test swab between 2 and 5 ng/ml, $1,000 fine If over 5 ng/ml impaired charge

30 MANITOBA FINES as of October 17, 2018 The pre-set fines include offences related to: supplying cannabis to a young person under age 19; growing recreational cannabis in a residence in Manitoba; smoking and vaping cannabis in provincial parks; transporting cannabis, if not properly stored; consuming cannabis in or on vehicles including off-road vehicles; and failing drug-screening tests for both novice and supervising drivers as part of the graduated driver licensing program. Community Safety Officers, First Nations Safety Officers, Winnipeg Cadets, River Patrol Officers empowered to administer

31 MANITOBA FINES (CONT) Supplying cannabis to a young person under age 19 or growing without permission - $2,542 Smoking and vaping cannabis in provincial parks or spaces where prohibited or consuming in vehicle or on off road vehicle or failing test as supervising driver - $672 driving a vehicle or off road vehicle while carrying - $237 Failing drug screen as novice driver - $113

32 SYNOPSIS DO S AND DON T S MANITOBA You can't smoke or vape cannabis in public in Manitoba. You must be 19 or older to buy or consume cannabis in Manitoba. You can only buy legal cannabis from licensed retailers. You can't grow cannabis at home in Manitoba. You can carry up to 30 grams of cannabis in public in Manitoba.

33 CASES Manitoba School Division employee Custodian Smoking marijuana at work Other employees saw ashtray, smell of marijuana smoke Employee denied, product tested, terminated Termination upheld

34 CASES (cont d) City of Calgary 2015 Employee using medical marijuana (during off duty hours) for a year, known to supervisors. No evidence of on-the-job impairment. When upper management learned of this, employee removed from his safety sensitive position, grievance filed Employer failed to properly investigate prior to removing employee from safety sensitive position. Employee was reinstated in safety sensitive position with back pay (subject to certain conditions being met). Employer should have questioned supervisors, did impairment exist, Ought to have requested more medical information in a more balanced and timely way

35 CASES (cont d) Burton v. Tugboard Annie s Pub, 2016 Employee terminated for smoking marijuana at work Employee claimed he smoked medical marijuana to deal with a chronic pain condition. The Company claimed employee dismissed because of poor performance, attitude, conflicts with one of the owners and because he conducted himself inappropriately toward female employees. Decision termination upheld Insufficient evidence to show that the employer knew that employee had a disability requiring marijuana use. Therefore, Employee would not be able to show a connection between his disability and his termination.

36 CASES (cont d) Stewart v. Elk Valley Coal Corporation 2017 Employee worked in a safety sensitive position Tested positive for cocaine after an incident. Employee initially indicated he was a recreational user Changed that to he had a dependency. Employer had policy on disclosure Policy distinguished between voluntary and non-voluntary disclosures. Failed to disclose either prior to incident and was terminated based on policy violations Employee brought a human rights complaint on the ground of physical disability. Both the QB and CA upheld HRC decision that the termination was for breaching policy (use and failure to disclose) and not due to discrimination. SCC dismissed appeal Tribunal s decision that prima facie discrimination was not established, termination was reasonable

37 CASES (cont d) Elk Valley (cont d) Employee had control over use of drugs Even if dependent No legal nexus between disability and misconduct Not protected from discipline or discharge

38 University of Windsor and CUPE Local 1001, 2017 Carswell Ont 2778 o Night shift custodians caught smoking cannabis at work o No evidence of a disability or addition o Grievors had lengthy service records (17 years) o Grievors failed to take responsibility for actions no question they should not have been smoking cannabis at work o Their actions undermined the trust placed in them as largely unsupervised employees o Dismissal upheld o Lesson this will continue to be the case after legalization you can t smoke cannabis at work (or drink beer, wine etc.)

39 TERMINATION FOR MEDICAL USE UPHELD Lower Churchill Transmission Construction Employers Assn. Inc. and IBEW, Local 1620 Employee with Crohn s disease and osteoarthritis Medical Authorization for up to 1.5 grams of cannabis with THC levels up to 22% Applied for safety sensitive position given the inability to test for cannabis impairment denied job

40 AWARD HIGHLIGHTS The duty to accommodate disability to the point of undue hardship extends to accommodation of medically-authorized cannabis use. The duty to accommodate also applies to safetysensitive positions but not every position in a safety-sensitive enterprise is safety-sensitive. Residual cannabis impairment might last for more than 24 hours and right now, employers can t measure it.

41 AWARD HIGHLIGHTS (con t) Employers inability to measure impairment makes them unable to manage safety risks and that is undue hardship. Complete and specialized medical information is a must to accommodate medically-authorized marijuana use.

42 NOT AT WORK

43 POLICY ISSUES Review policies dealing with drug and alcoholism Any workplace impairment unacceptable Scent policies smell nauseating No smoking or providing marijuana products No consumption of marijuana at work any form (unless medical marijuana restrictions) Not being under influence or smelling of Fit for duty and remain fit for duty Some requirement to report use of marijuana for medical reasons If you have a policy on staff functions prohibit use of alcohol and marijuana

44 POLICY ISSUES (cont d) If medical Accommodation as may be required prescription necessary other forms/dosages does it affect performance what accommodation of condition is necessary address safety issues

45 POLICY ISSUE - KVP A rule unilaterally introduced by the company, and not subsequently agreed to by the union, must satisfy the following requisites: 1. It must not be inconsistent with the collective agreement. 2. It must not be unreasonable. 3. It must be clear and unequivocal. 4. It must be brought to the attention of the employee affected before the company can act on it. 5. The employee concerned must have been notified that a breach of such rule could result in his discharge if the rule is used as a foundation for discharge. 6. Such rule should have been consistently enforced by the company from the time it was introduced.

46 PUBLISHED POLICY STATEMENTS RCMP not use within 28 days of shift National Defence 28 days when working on submarines, aircraft maintenance, drone operators National Defence 24 hours if firearms or explosives Toronto police 28 days Calgary police zero Various police forces fit for duty

47 PUBLISHED POLICY STATEMENTS - MB WRHA Fit for duty and remain fit for duty Required to inform if unable to safely perform duties No possession, use, distribution of substances Report other employees re fit for duty or misconduct If medical cannabis cooperate with OHS and HR WPS fit for duty regardless of the cause for impairment

48 CROSS CANADA British Columbia minimum age 19. Retail sales to be allowed through public and private stores, but retail licences won t be approved without the support of local governments. Retailers will not be permitted to sell pot in stores that sell liquor or tobacco. People to be allowed to smoke pot in places where tobacco smoking and vaping are permitted. It will be banned in vehicles and in areas frequented by children.

49 CROSS CANADA Alberta -. Minimum age of consumption 18. Government to control the online sale of pot, but will leave over-the-counter sales to private operators, Private pot stores will have to be physically separate from stores selling alcohol, tobacco or pharmaceuticals. Pot stores will not be allowed to sell anything but cannabis and related products.

50 CROSS CANADA Saskatchewan - minimum age19 banning consumption in public places. Sales to be handled by the private sector. The Saskatchewan Liquor and Gaming Authority is to regulate cannabis sales and municipalities will have the option to ban sales.

51 CROSS CANADA Ontario minimum age19. Cannabis to be sold in up to 150 stores run by the Liquor Control Board of Ontario Quebec - minimum age 18 Cannabis to be sold through the provincially run liquor board, with some exceptions. Government to control sales online. Illegal to cultivate pot, unless authorized, possession in a home is to be limited to 150 grams and to 30 grams on a person.

52 CROSS CANADA New Brunswick - minimum age19 users to lock away their marijuana when it s in their home. Individuals may buy cannabis at a subsidiary of the province s liquor commission. Prince Edward Island - minimum age19 marijuana to be sold at stand-alone outlets run separately by its liquor commission. allow online sales and restrict marijuana use to private residences.

53 CROSS CANADA Nova Scotia minimum age 19 cannabis to be sold alongside alcohol in nine provincial liquor commission stores, as well as through online sales Newfoundland and Labrador minimum age 19 allow sales in private stores. The Crown-owned liquor corporation is to oversee distribution to private retailers. Consumption to be restricted to private residences.

54 Yukon - minimum age at 19 CROSS CANADA allow the public possession of up to 30 grams of dried cannabis or its equivalent personal cultivation of up to four plants per household.

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56 Young people who give up pot see rapid improvement in memory, ability to learn Adolescents and young adults who regularly use cannabis but stop for 30 days have better memory and an improved ability to learn, suggesting academic success might hang in the balance for young people who smoke regularly. How long does cannabis impairment last? Researchers are starting to find out University of Alberta psychiatrist Scot Purdon agrees the science is scant on impairment beyond the first few hours. His latest research, is that cannabis use impairs new verbal learning, or the ability to remember what you have just read, for 12 to 24 hours after consumption.

57 Student s suspension for smelling of pot provides whiff of what s ahead for schools The suspension of a Grade 11 at Monsignor Percy Johnson Catholic Secondary School because he smelled of pot highlights some of the problems that lie ahead of schools Labour arbitration board dismisses pot-smoking Zamboni driver's grievance against Town of Kindersley, Sask. A labour arbitration board has upheld the Town of Kindersley's move to fire an employee for vaping medical marijuana, after patrons of an arena complained he was "smoking the dope" while driving a Zamboni and his coworkers later complained he vaped while driving a town vehicle.

58 Baggage handler fell asleep on plane after night of drinking and smoking pot The handler explained that after a night out of drinking and smoking pot, he had gone to bed around 10 p.m. and reported to his job at Kansas City International Airport at 4 a.m. the next day. After loading some bags, he walked into the cargo hold of the American Airlines plane and fell asleep, according to the police report. Sandy Bay First Nation man faces $2,542 fine for giving pot to a minor A Sandy Bay First Nation man is facing a steep fine for giving marijuana to a 13-year-old.

59 Winnipeg's 1st ticket for toking in a car issued 1 hour into legalization One hour after pot was legalized, Winnipeg police issued their first ticket for consuming cannabis in a car. 1 day after legalization, RCMP in Thompson, Man., arrest driver allegedly impaired by pot The 20-year-old man from Thompson admitted to recently smoking cannabis, police said. He was given a standardized field sobriety test, conducted by a police officer, which determined the driver was impaired, RCMP said. He was arrested for impaired operation of a motor vehicle and taken to a nearby medical facility, where his blood was tested. The man's driver's license has been suspended, but police cannot lay charges until results of the blood test are received.

60 QUESTIONS