The Toronto Transit Commission's plan to conduct random drug and alcohol tests on its drivers may violate human rights provisions, but allows passengers to have a reasonable expectation of safety, says Toronto employment law and personal injury lawyer Kevin Marshall.
"It's true that not all accidents can be eliminated, but at least passengers should have the assurance the TTC will take reasonable actions, using modern technology, to protect their safety," says Marshall. The same principle should apply to passengers in taxis, Uber vehicles and airplanes, he says.
By virtue of his dual areas of practice, Marshall says he can see valid arguments on both sides. "It's not reasonable from a human rights perspective because of the random nature of the testing," he tells AdvocateDaily.com. Read more here.