Case information

Charter of rights — Search and seizure — Validity of pre-placement and random alcohol and drug testing imposed by Canadian Nuclear Safety Commission as a license condition to persons licensed to operate high security, or Class I, nuclear facilities — Federal courts finding testing provisions do not infringe Charter and Commission’s decision to adopt provisions was reasonable — When, if ever, can workplace search and seizures of bodily samples be justified in absence of any evidence with respect to an individualized or workplace problem — Whether regulator can infer power to conduct suspicionless search and seizure of bodily samples in order to be authorized by law for purposes of s. 8, particularly when regulator has regulation-making authority — Canadian Charter of Rights and Freedoms, s. 8.

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At issue is the validity of pre-placement and random alcohol and drug testing which were imposed by the Canadian Nuclear Safety Commission (the Commission) as a license condition to persons licensed to operate high security, or Class I, nuclear facilities (the Licensees).

The applicants, six affected workers and their unions, claimed that the impugned requirements breached their rights under ss. 7, 8 and 15 of the Charter and were not saved by s. 1. They claimed, in the alternative, that the Commission’s decision to adopt and implement the impugned requirements on Licensees was unreasonable on administrative law grounds.

The application judge dismissed the application for judicial review. The Federal Court of Appeal dismissed the appeal.