Stewart v. Elk Valley Coal Corp.: The Rehabilitation of Addiction Disability Law in Canada
Abstract
Canadian human rights law prohibits employers from discriminating against employees with disabilities and protects employees’ right to workplace accommodation to the point of undue hardship. However, the analysis of the case law illustrates that Canadian legal decision makers have not consistently applied the fundamental human rights laws and principles to cases involving individuals with drug and alcohol addiction disability. Stewart v. Elk Valley Coal Corp. provided the Supreme Court of Canada with the opportunity to provide much needed clarity and confirm the correct approach to be applied to claims of discrimination and accommodation on the basis of drug and alcohol addiction. This decision was fatally flawed in its application of the law. Despite this, Elk Valley has provided guidance with respect to the principles to be applied in addiction disability cases, resulting in a progressive movement towards the broad, liberal human rights approach to drug and alcohol addiction disability.