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

West Kelowna Warriors look for 2nd win in Merritt

The Warriors’ hope to improve their 1-4 start to the season Friday night

Kelowna police officer cleared in cyclist collision

Police officer was off-duty when he hit cyclist who had used heroin earlier in the evening

Prospera and Westminster credit unions approved for proposed merger

Abbotsford- and Surrey-based companies now take matter to membership vote

End of summer celebration taking over popular Kelowna brewery

BNA Brewing hosts the Summer End event Sunday

Christopher Raymond Derickson elected new chief of Westbank First Nation

Westbank First Nation members elected Derickson Thursday night

VIDEO: B.C.’s famous cat Grandpa Mason has died

The story of the feral cat that started fostering kittens touched people around the world

RDOS to study sites for composting facility

Penticton and Okanagan Falls landfills will be examined

Trudeau seeks meeting with Singh to apologize for blackface, brownface photos

‘I will be apologizing to him personally as a racialized Canadian,’ Trudeau said Friday

Shuswap elementary school suspends operations due to ‘musty odour’

Arrangements made for affected Sicamous students to attend class in three other schools

Summerland grocery store offers warm atmosphere, community service

Nesters Market has been involved in numerous initiatives within Summerland

Charges stayed against Alberta RCMP officer in alleged off-duty Whistler assault

Const. Vernon Hagen instead completed an alternative measures program

Codling moths remain a problem for Okanagan apple growers

Problem areas for pest include Summerland, Penticton and Naramata

Regional District of Okanagan Similkameen works to control mosquito populations

Control efforts in the region have been starting earlier each year

PAW Patrol Live! adds third Penticton show due to pup-ular demand

Fans can now see the heroic pooches at three different showtimes at the SOEC

Most Read