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

Mt. Baker climbers reach summit in memory of Const. John Davidson

Team includes Abbotsford Police members, Davidson’s 3 kids and others

Abbotsford Regional Hospital’s ER expansion still in the works

Deadline for construction proposals recently closes, but construction timeline unknown

Money in to finish Lougheed Highway twinning

$29 million to complete four laning of four-kilometre stretch in Maple Ridge, but no start date

Figures reveal spike in highway traffic jams between Abbotsford and Langley

Nearly one in 20 westbound vehicles between Abbotsford and Langley clocked at under 60 km/h

Mission council grants third reading to Tunbridge townhome proposal

Speakers at public hearing voice concerns, say project will ‘stick out like an eyesore’

Okanagan Air Cadet challenges gender-exclusive haircut policy

Haircut regulation inspires challenge around gender identity

Pride flags stolen from Lower Mainland church

Went missing sometime Friday night, says Maple Ridge reverend

25 new wheelchair-accessible cabins open at Cultus Lake Provincial Park

Maple Bay Campground is now home to 25 new wheelchair friendly cabins, a first for BC Parks

VIDEO: Bystander training gains traction as tool to prevent sexual harassment, violence

Julia Gartley was sexually assaulted after an event, and no one stepped in to help

Two brands of ice cream sandwiches recalled due to presence of metal

The Canadian Food Inspection Agency issued a recall on Iceberg and Originale Augustin brands

Sexual assaults, extortion on the rise even as crime rates stay low: Stats Canada

Rates of police-reported sexual assault rose for the fourth year in a row

Vancouver Island teens missing after vehicle found ablaze near Dease Lake, BC

RCMP say a body discovered nearby not one of the missing teens

Most Read