Michelle Gray is shown in a handout photo supplied by Gray.A Nova Scotia motorist whose licence was suspended after her saliva tested positive for cannabis is planning a court challenge, saying she shouldn’t have been penalized because other police tests confirmed she was not impaired. (Michelle Gray/Canadian Press)

Nova Scotia woman plans constitutional challenge of roadside cannabis test

Jack Lloyd says Michelle Gray’s case shows the law dealing with impaired driving is too broad and too vague

A lawyer for a Nova Scotia motorist whose licence was suspended after her saliva tested positive for cannabis says he’s planning to launch a constitutional challenge.

Jack Lloyd says Michelle Gray’s case shows the law dealing with impaired driving is too broad and too vague.

Gray, who uses medical cannabis to treat symptoms of multiple sclerosis, says she shouldn’t have been penalized because other police tests confirmed she was not impaired.

Gray says she told police conducting a roadside check in January she had one alcoholic drink over a two-hour period before she got into her car to drive home from downtown Halifax.

The officer then said he could detect the smell of cannabis coming from her car.

READ MORE: 10 things still illegal in the new age of recreational cannabis

Though Gray passed a roadside alcohol test, a saliva test showed trace amounts of THC, the active ingredient in cannabis.

She was arrested and taken to police headquarters, where she was subjected to a comprehensive sobriety evaluation, which includes balance and memory tests.

Though she passed the tests, which proved she was not impaired, her licence was suspended for a week and her car was impounded — leaving her with a $400 bill.

Lloyd, a Toronto-based lawyer with an expertise in cannabis, says he plans to file a legal challenge under the Charter of Rights and Freedoms.

He says lawyers across the country are contemplating similar cases, based on the argument that roadside cannabis tests have no rational connection to actual impairment.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Denman Island Baroque Festival coming in May

It’s back, and it’s bigger than ever. The third annual Denman Island… Continue reading

VIDEO: Comox’s waving granny gets incredible send-off from Highland Secondary students

Tinney Davidson has been waving at kids on their way to school for over 11 years, but is moving in a month

Island-born Snowbirds pilot enjoying homecoming in skies over Comox

Logan Reid once stood clinging onto the fence outside the Comox Air… Continue reading

Comox Valley Schools board chair addresses RCMP investigation into assault of student

Comox Valley Schools (School District 71) board of education chair, Janice Caton,… Continue reading

Tom Cochrane and Red Rider coming to Vancouver Island MusicFest

Executive producer Doug Cox has landed Canadian Music Hall of Famer Tom… Continue reading

Canada privacy watchdog taking Facebook to court

If the court application is successful, it could lead to modest fines and an order for Facebook to revamp its privacy

Shutterbugs submit their favourite Snowbirds pics

The Canadian Forces Snowbirds are in Comox for their annual spring training… Continue reading

Isn’t it spring? Forecast calling for snow across eastern B.C.

Up to 10cm expected within 48 hours; motorists urged to prepare for deteriorating conditions

B.C. parents still missing out on hundreds of thousands in free money

Chilliwack financial advisor still banging the drum over unclaimed $1,200 RESP grant cash

Be wary of robot emotions; ‘simulated love is never love’

Research has shown that people have a tendency to project human traits onto robots

Oak Bay Sgt. struggles through emotional testimony in double murder trial

Andrew Berry is charged with second-degree murder in deaths of daughters Chloe (6) and Aubrey (4)

New immigrants healthier than Canadian-born population

In 2016, 7.5 million immigrants were accounted for in Canada

One million recyclable bottles ‘lost’ daily in B.C., foundation says

387 million beverage containers didn’t make it back into the province’s regulated deposit refund system in 2017

Most Read