In Canada, the question of whether a job candidate can sue an employer for not hiring them based on their smoking status is a complex one. The legal recourse available to a candidate in such a situation will depend on various factors, including the jurisdiction in which the candidate is located and the specific circumstances of the case. In general, Canadian courts have recognized that smoking is a personal characteristic that may be protected under human rights legislation. However, the extent to which a smoker can claim discrimination based on their smoking status may vary depending on the jurisdiction. For example, in some jurisdictions, such as Ontario, smoking may be considered a legitimate occupational health and safety concern, and an employer may be able to justify a smoking$-$related hiring decision on those grounds. In other jurisdictions, such as Quebec, smoking may be protected under human rights legislation, and an employer may be required to justify a smoking$-$related hiring decision in order to avoid discrimination claims. Final answer: It's important to note that the specific laws and regulations surrounding smoking and employment can vary between jurisdictions, and it's advisable for both employers and job candidates to seek legal advice to ensure compliance with the relevant laws and regulations.