The Unconvincing Case for Drug Testing

The Mulroney government has recently proposed a program of mandatory drug testing in Canada's transportation industries. Following a brief discussion of drug testing in Canada, the paper reviews the relevant literature and describes the necessary components of conducting a cost-benefit analysis. It will be seen that this literature does not provide persuasive evidence of the usefulness of drug testing in addressing illicit drug problems in the workplace. The final section of the paper explores the legal environment surrounding drug testing, as it is reflected by constitutional statute and case law, as well as the work of legal scholars, and other writers. Special attention is given to the privacy issue which underlies many of the legal challenges to testing programs in the United States. The paper concludes that much more remains to be learned about the efficacy and consequences of drug testing programs before widespread Canadian applications can be endorsed.