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Toronto police prohibited from using recreational pot within 28 days of reporting for duty

Ontario's online pot store still under wraps days before legalization

Toronto Police Service officers will be prohibited from using recreational marijuana within 28 days of reporting for duty, Toronto police Chief Mark Saunders said in a video circulated to members of the force last week.

In an eight-second clip obtained Tuesday by CBC Toronto, Saunders said that based on the force's research, its policy will "prohibit all members of the service from using recreational cannabis within 28 days of reporting for duty."

The clip is part of a five-minute video that was distributed to members on Friday. Recreational marijuana becomes legal in Canada on Oct. 17.

On Tuesday, Toronto Police Association President Mike McCormack said the union is "aware" that the TPS has drafted a policy on pot use by its members.

"The TPA has not seen this policy nor have we had the opportunity to review its content," McCormack said in a statement emailed to CBC Toronto. "We are aware the draft policy may contain a 28-day waiting period before a member can report for duty after consuming cannabis."

When the union receives an "official version" of the new policy it will perform a "legal analysis of its content for compliance with our collective agreements, legislation, human rights, case law, etc., and make a decision about any further action we may take at that point in time," McCormack said.

'You can't take away someone's rights'

Bruce Chapman, president of the Police Association of Ontario, said such a policy is "unenforceable" and will not withstand court challenges from officers. As examples, he asked what would happen if an officer had family members at home who smoked pot, or if he or she went on a call to a location where someone was smoking.

"So how do you weed that out? The best policy from an association perspective is to ensure they are fit for duty, similar to an alcohol policy," Chapman told CBC Toronto on Tuesday.

"You can't take away someone's rights if they choose to do it."