Abstract

Alcoholism is a recognized disability under the human rights codes of Canada; however, what does that mean for an alcoholic employee? There are divergent understandings of the nature of the condition within the legal field about alcoholism and alcohol problems. Various models of disability have been adopted as there is no national consensus on this issue. This report begins with a statistical portrait of alcoholism in Canada, and its categorization as a disability. This is followed by a review of the case law on alcoholism, revealing a similar shift toward holistic methodologies by both human rights tribunals and labour arbitration boards. Lastly, a few areas of improvement have been identified to steer Canadian adjudicators toward a progressive, human-rights friendly approach to alcoholism in the workplace.

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