Toronto police officers can’t use cannabis within 28 days of working

Thestar.com
October 10, 2018
Wendy Gillis

Toronto police unveiled one of the country’s most restrictive policies for cannabis use in law enforcement Tuesday, banning all of its employees from using recreational cannabis within 28 days of reporting for duty.

“We have not come to this decision lightly,” said a statement released by the force Tuesday. “It was made thoughtfully and based on sound advice and evidence, considering the critical role members play in ensuring a safe workplace and a safe community.”

Toronto police officers won’t be allowed to use recreational cannabis within 28 days of reporting for duty, according to a video announcement released internally by police Chief Mark Saunders.

The policy mirrors that reportedly being considered by the Royal Canadian Mounted Police, which has been criticized as “outright prohibition” by the president of the Canadian Police Association.

Toronto police spokesperson Meaghan Gray said the 28-day period is based on research from the force’s medical advisory service, the Ontario Association of Chiefs of Police, and the Canadian Association of Chiefs of Police about how long THC --the active ingredient in cannabis --can be stored in the body and the varying impact it can have on cognitive abilities, motor functions and decision-making abilities.

The policy does not provide for random drug testing, Gray said, but officers will continue to be assessed for fitness for duty by supervisors in a similar manner to alcohol and tested for cannabis if there is “reasonable suspicion” or in a post-incident scenario.

The testing could include the use of drug recognition evaluators or a contracted out drug testing service. If police officers are exposed to cannabis on the job or during their personal time, there is a procedure to disclose that. The policy does not apply to medical marijuana users, who are accommodated under a different policy, Gray said.

In a statement, Toronto Police Association president Mike McCormack said the union has not yet seen the “draft policy” on cannabis use and will conduct a legal analysis once it has obtained an official copy.

Gray said Toronto police wanted to have a procedure in place prior to legalization of cannabis on Oct. 17, but will re-evaluate as more information becomes available.

Tom Stamatakis, president of the Canadian Police Association, wonders why some police forces are treating cannabis differently than other legal products --such as alcohol and prescription drugs --that can cause impairment.

“Effectively what they’re saying is, we don’t trust police officers to make the right decision when it comes to reporting for work fit for duty,” Stamatakis said in an interview with the Canadian Press. “And I just find that to be an offensive approach.”

There has been no meaningful consultation on the drafting and implementation of cannabis policies for officers, which vary drastically from force to force, Stamatakis said.

“You want to create policies that are relevant and effective and that apply to the vast majority of your members, not policies that are designed to cater to the exception rather than the rule,” he said.

On Twitter he suggested that little action had been taken by the RCMP on fatigue-related cognitive impairment from extended shifts and consecutive work days.

In Calgary, the police force has announced a complete ban on recreational cannabis use by officers who are qualified to carry firearms and are capable of being operationally deployed. The Calgary police union has opposed the policy, suggesting it may exceed the authority of the police service to completely restrict the off-duty use of legal substances.

In Vancouver and Ottawa, officers are permitted to use recreational cannabis as long as they arrive to work “fit for duty.” A 24-hour abstinence period prior to going on duty was rejected by the Vancouver police board out of concern it would lead to confusion about what it takes to be fit for duty.

The Canadian Armed Forces restrict all military personnel from using cannabis eight hours before going on duty. That increases to 24 hours before handling or operating a weapon.

The Ontario Provincial Police, Peel Regional Police and Durham Regional Police have not yet released their policies.

Employment law experts predict unions will challenge restrictive policies as being arbitrary and an unreasonable intrusion into the personal freedoms of police officers.

“The more intrusive the ban is in its effect on officers’ personal lives, the greater the burden to justify that this a necessary and reasonable rule,” said employment and labour lawyer Danny Kastner. A key issue may be the unreliability of testing for cannabis-related impairment, which could result in police forces simply looking at any cannabis usage at all, he added.

“Marijuana affects everybody differently and so it’s hard to create a policy around that,” said employment and labour lawyer Ian Johnstone.