“If a doctor tells an employee their illness requires treatment to be the use of medical marijuana in some form — and that’s the medical prescription — and the employee says, ‘If I needed insulin, it would be covered, but because I need medical marijuana, it isn’t,’ that could be discriminating against someone on the basis of illness or disability. “If group benefit plans don’t cover it, I can see there being a challenge from a human rights’ perspective. Ultimately, the humans rights [tribunals] will say it is discriminatory to not cover that medication, when you cover others, because that particular disability is the one a person has and if they’re not getting the same treatment, that’s discriminatory.”
Kenneth:
“If a doctor tells an employee their illness requires treatment to be the use of medical marijuana in some form — and that’s the medical prescription — and the employee says, ‘If I needed insulin, it would be covered, but because I need medical marijuana, it isn’t,’ that could be discriminating against someone on the basis of illness or disability. “If group benefit plans don’t cover it, I can see there being a challenge from a human rights’ perspective. Ultimately, the humans rights [tribunals] will say it is discriminatory to not cover that medication, when you cover others, because that particular disability is the one a person has and if they’re not getting the same treatment, that’s discriminatory.”
Smart lawyer, that Will Cascadden
Wednesday, August 10 at 9:09 am |