Earlier in February, an arbitrator ordered the reinstatement of Joseph Sutton, a heavy machine operator fired from a safety-sensitive Toronto plant for allegedly using cannabis at lunch and acting insolently toward a manager. The worker’s union, United Steelworkers Local 3950-65, challenged his July 8, 2025 , dismissal from MSC Toronto, which operates as Continuous Colour Coat Limited.

In March 2018, emergency crews responded to a fatal workplace incident at the Etobicoke plant, highlighting its safety risks. It was found that Sutton smoked cannabis during his lunch break on July 8, 2025, and likely returned to work while still under its influence. In addition, Sutton’s manager testified that he saw Sutton smoking what appeared to be a joint and smelled cannabis. He was concerned Sutton might be impaired and pose a safety risk.

There were no safety incidents after Sutton returned to work ; furthermore, when confronted, Sutton denied smoking cannabis and insulted a senior manager during his suspension meeting. The arbitrator said his behaviour was dishonest and disrespectful, and deserving of discipline.

However, because there was no evidence of actual impairment and Sutton had nine years of mostly clean service, he was reinstated with a three-month suspension instead of being fired. “Under the circumstances, I can only conclude that Mr. Sutton used cannabis during work hours and reported to work under its influence,” the arbitrator wrote. “In the absence of specific evidence of impairment, I cannot conclude that discharge is warranted in the circumstances.”

“[Sutton’s] disciplinary record is to reflect a three-month suspension of employment for violating (the plant’s rule about reporting to work under the influence) and for insolent behaviour towards a senior manager,” stated the arbitrator in his decision. “It is my hope that with this award, (Sutton) understands the importance of not reporting to work under the influence of cannabis (or any other intoxicant) and of demonstrating respect and professionalism towards his co-workers and supervisors.”