Police must be ‘fit for duty’ in the pot era
Hamilton Police Service’s yet-tobe-revealed policy on recreational cannabis use will require officers to be “fit for duty.”
The policy is in the works and expected to be ready in the “near future,” Hamilton police spokesperson Jackie Penman said in an email — but not before Oct. 17 when recreational cannabis becomes legal across the country.
Currently, officers’ fitness for duty is covered under the Occupational Health and Safety Act as well as the Police Services Act, she noted.
“Fit for work/duty means that a member is mentally, emotionally and physically able to safely and competently perform assigned duties, without any limitations attributable, but not limited to, illness, injury, fatigue, mental stress or the use and/or after-effects of alcohol or drugs,” Penman wrote.
Police servic- es across the country are preparing for cannabis legalization next week, including in Vancouver and Ottawa where policies will permit officers to use recreational cannabis as long as they arrive to work “fit for duty.”
Hamilton Police Association president Clint Twolan said he’s “hopeful” and “confident” the local service will take a “very common-sense approach.”
“Fit for duty, to me, is really the only intelligent way to do it,” he said.
While he would have liked to have seen the policy prior to legalization as a formality, he’s not worried that one likely won’t be in effect by Oct. 17.
“My officers are going to come to work like they always do,” Twolan said. “I don’t think they need a policy in place to say, ‘Don’t come to work high.’”
Two weeks ago, the Calgary police service announced a complete ban on recreational cannabis use by officers qualified to carry firearms and capable of being operationally deployed.
On Tuesday, Toronto police unveiled one of the country’s most restrictive policies for cannabis use in law enforcement, banning all employees from using recreational cannabis within 28 days of reporting for duty.
The policy does not provide for random drug testing, but officers will continue to be assessed for fitness for duty by supervisors in a similar manner to alcohol, and tested for cannabis if there is “reasonable suspicion” or in a post-incident scenario, a Toronto police spokesperson said.
The policy mirrors that reportedly being considered by the Royal Canadian Mounted Police.
Twolan said problems could arise with a policy like Toronto’s when it comes to issues like how to test, grounds for testing and the subjectivity of impairment.
Given the advanced notice of looming legalization, Twolan said he finds it “disappointing” that police leaders in the province didn’t sit down to come up with a uniform policy instead of the current patchwork approach.
“I’m in shock that these police leaders can’t come up with a cohesive plan,” he said.