SOMBA K'E/YELLOWKNIFE - Recently elected Ndilo Chief Ted Tsetta won't say whether he still wants to instigate a mandatory drug testing policy for chiefs and councillors - as promised at a candidates forum before the election, which took place June 16.

"I'm going to have to deal with it at a council level before I make any comment to the media," said Tsetta.

Tsetta, who has battled alcoholism in his past, previously pledged to adopt drug testing for chiefs and councillors if elected.

While he promised to give a definitive answer on the issue within the next few days, he would not confirm or deny if mandatory drug testing was still something he wanted to pursue.

Tsetta said the issue of drugs and alcohol is a problem for some members of his community, and he had "zero tolerance" for drugs.

Sherri Helgason, director of the national aboriginal initiative from the Canadian Human Rights Commission, said the adoption of drug testing by Tsetta could lead to human rights complaints.

"I would be concerned that any First Nation group that is administering or requiring mandatory drug tests for such positions would be opening themselves up to possible complaints of discrimination in the future," she said.

While a review of the current 2002 edition of the commission's policy on alcohol and drug testing is underway, Helgason said such measures are currently seen as discriminatory.

"The commission deals with complaints of discrimination, under federal jurisdiction, involving a number of prohibited grounds of discrimination like race, age, sex, ethnic origin, sexual orientation, or disability - and disability does include previous or existing drug or alcohol dependencies," she said.

"Drug testing in general does not measure present impairment, how much was used, or when it was used. They can indicate past drug use but it's not necessarily a reliable means of determining whether a person is capable of performing his or her job."

She said there are instances where there is a "bona fide occupational requirement" and drug testing can be justified - in instances of a safety sensitive nature.

According to Helgason, discrimination in the acquisition of employment or services are two of the commission's main areas of concern. However, it has yet to decide which category elected officials fall into.

"The question of whether the election of chiefs and council, is related to a service or employment situation, is one that needs to be determined," she said.

"And then, is there a bona fide occupational requirement that the person be drug or alcohol free to responsibly carry out those positions, is something we're still ironing out."

Additionally, the commission used to harbour an exemption (section 67), saying the act could not be applied around matters arising from the application of the Indian Act.

The exemption was repealed in June last year, but it will not be until June 2011 that the three year transition period has expired, and the act will become fully applicable to decisions made by First Nations governments.