D. The Canadian Forces
Pursuant to the National Defence Drug Testing Policy announced in 1990, regulations respecting the Canadian Forces Drug Control Program were approved on 21 May 1992 by the Governor in Council as Chapter 20 of the Queen’s Regulations and Orders for the Canadian Forces. Under this program, mandatory drug testing with random elements would be introduced, primarily for all military personnel in safety-sensitive positions. The program would apply only to uniformed personnel and not to the civilian staff of the Department of National Defence; however, given that all uniformed positions are considered to be safety-sensitive, the military drug-testing policy was considered to be fairly inclusive. Most military drug testing would be done through the random selection of units comprising 5 to 500 individuals. Testing would also take place for cause, for those who were undergoing rehabilitation for drug use, for post-accident investigations and for certain “super-sensitive” positions that were not covered by the random testing of military units. All testing would be conducted by means of urinalysis and any positive drug screen would be subject to a confirmatory analysis. Failure to comply with a request to submit to a drug test could result in disciplinary action.
In February 1995, the Chief of the Defence Staff informed the Privacy Commissioner in writing that the portion of the drug testing policy relating to random selection had been suspended; however, he still reserved the right to reopen the issue in the future should circumstances dictate its necessity. This letter was in response to the Commissioner’s 1994 opposition to the widespread use of random testing of Canadian Forces members for the presence of illegal drugs, even though the Department of National Defence’s own statistics had revealed that its members rarely used such substances. Indeed, the department’s own survey had revealed that the intoxicant most widely used by its employees was alcohol, which was not covered by the Forces’ policy.
In 2006, the Canadian Forces instituted mandatory drug testing for soldiers to be deployed in Afghanistan. As reported on CBC News in September 2007, 250 soldiers were prevented from being deployed to Afghanistan during the past year because they tested positive for drug use. The military told CBC News that it had tested about 6,800 soldiers since mandatory drug testing of troops headed for Afghanistan began in September 2006. CBC News obtained the results of tests done between September 2006 and May 2007 through the Access to Information Act,(42) and the military then provided numbers from May until September. Test results showed that most soldiers who failed had tested positive for marijuana. It was also reported that there were plans to expand the drug testing program to include blind testing, which would encompass the entire Canadian Forces, not just soldiers slated for duty in Afghanistan.