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

Sylvan Lake Yettis warned to not get a big head after massive first win

The Yettis won over the Olds Stingers 23-1 at the home opener, April 23

Strathcona County RCMP charge Eckville man for firearms, drugs

RCMP found the suspects at a high risk traffic stop on April 11 as a result of a 911 complaint

Sylvan Lake Town Council approves a 2019 supplementary tax

The Town expects to see roughly $40,000 in revenue from the supplementary tax in 2019.

Alberta’s 47 legislature newbies meet under the dome for orientation day

Most new members are with the United Conservatives, who won a majority government

Annual Home and Lifestyle Show coming to Sylvan Lake

The inaugural event will showcase local businesses at the NexSource Centre’s curling rink on May 11

VIDEO: Police dog in Oregon struck by 200 porcupine quills during pursuit

The German shepherd had to be sedated and was in treatment for more than two hours

Calgary woman killed in B.C. highway crash

Crash closed highway for hours

Assessment says Alberta woman facing animal abuse charges fit to stand trial

April Dawn Irving, 59, is charged with 13 counts of cruelty to animals

Canadian privacy watchdogs find major shortcomings in Facebook probe

The probe followed reports that Facebook had let an outside organization use an app to access users’ personal info

Provinces, Ottawa talk 50/50 split on abandoned bus-route service

B.C. has paid $2 million on a bus service for the northern part of the province

Wilson-Raybould: Feds want to just ‘manage the problem’ of Indigenous Peoples

Former federal justice minister speaks at First Nations Justice Council meeting in B.C.

Oil and gas company confirms death of one of its employees in Yoho avalanche

Dana Coffield died when he was skiing in the Rocky Mountains

Cenovus CEO estimates production curtailments will deliver billions to taxpayers

The curtailment program started Jan. 1 was designed to keep 325,000 barrels per day off the market

Robbery in Leduc County estimated at $40,000

Leduc RCMP investigate break and enter and theft of firearms

Most Read