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Case Study: Avista Corp, a private company, implemented a policy requiring all employees to undergo drug testing as a condition of employment. This policy was
Case Study: Avista Corp, a private company, implemented a policy requiring all employees to undergo drug testing as a condition of employment. This policy was enacted with the intention of ensuring a safe and productive work environment. However, one employee, Marilyn, refused to undergo the drug test citing her rights under the Canadian Charter of Rights and Freedoms. Marilyn argues that the drug testing policy violates her rights. The company maintains that the drug testing policy is necessary for workplace safety and is within their rights as a private employer to implement such policies. They argue that Marilyn's refusal to comply with the policy puts her employment at risk. 1. What is the section of the Charter dealing with the above? 2. How do you interpret Marilyn's rights under this section? 3. Should private companies like Avista be allowed to implement policies that potentially infringe upon employees' Charter rights? 4. Are there any precedents or legal cases that could provide guidance in resolving this conflict between employer policies and Charter rights
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