Canadian Court rules employee discriminated against for medical marijuana use
VANCOUVER, BRITISH COLUMBIA, CANADA - The B.C. Human Rights Tribunal has ruled a window contractor discriminated against an employee because his physical disability allowed him to smoke medical marijuana.The company has been told to pay $500 for injury to the man’s dignity, feelings and self respect. Greg Wilson’s claim against Transparent Glazing Systems alleged he was fired after a superintendent’s letter sent to company management said Wilson’s medication seemed to impair his ability to do the job.
Wilson, who smokes [the herb] for migraine headaches and bulging back discs, denied the allegation at a hearing last May.
Company officials told the rights tribunal that Wilson was fired because he was disrespectful, verbally abusive and difficult to work with.
Mr. Wilson believed that the superintendent was referring to his marijuana use and, since he had a medical marijuana license, he was doing nothing illegal,” [tribunal member Diane] MacLean stated.
MacLean ruled the company discriminated against Wilson because of his physical disability.
“Mr Wilson also maintained, and I agree, that he was adversely treated because he was not given an opportunity to respond to allegations regarding drug use.”
She noted that Wilson denied during the hearing that [his medical marijuana use] had any impact on his job abilities.
“However, I accept that there was an insult to his dignity when TGS appeared to rely on the superintendent’s perception that Mr. Wilson was impaired due to his medication.”
What an amazing difference. Here on the West Coast, employers are fighting for the right to fire and not hire medical marijuana patients solely for being medical marijuana patients. Up in Canada, they’re punishing employers for not respecting medical marijuana patients.
P.S. Note the [brackets] within the quotes I take from media. I’m replacing “the drug” and “pot smoking” and other negative references to cannabis with “the herb” and “medical marijuana use”. Words are important. Every time average people hear “pot” and “drug”, we reinforce the negative stereotypes about the plant. A drug is a chemical manufactured out of raw materials. Sativex and cocaine and heroin are “drugs”. Marijuana and coca and poppies are plants. And “pot” is something you cook in. It’s a subtle thing, but try working it into your vocabulary. (And don’t think it doesn’t work… nobody wanted to eliminate “inheritance tax”, but plenty of people want to eliminate the “death tax”.)
P.P.S. If it weren’t too late, then I’d eliminate references to “marijuana”, too, it’s a Mexican slang term that was originally used to denigrate hemp so Americans would accept banning it for racist reasons. But we are NORML, and NORCL doesn’t sound as good. I think we’re stuck with “marijuana” like African-Americans are stuck with NAACP and UNCF.
Tags: Canada
