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

Trend to convert lawns to meadows and gardens reaches Oak Bay

Front yard ‘food production,’ a piece of the puzzle

Artists with Disabilities Showcase returns for seventh year

Victoria Disability Resource Centre showcases artists from across the region

UVic researchers develop industry-changing ‘hyper-glue’

‘Cross-linking’ technology already playing a role in performance body armour

More than a million square feet of rental units proposed for downtown Victoria development

The Harris Green development is proposed to take over two large lots on Yates Street

Greater Victoria sees lowest rainfall numbers for November in decades

Only a third of the expected rainfall was seen across the Capital Region

VIDEO: Rockslide closes Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

POLL: Will you be donating to charities over the holiday season?

Many here in Victoria joined others around the world to take part… Continue reading

Greater Victoria Crime Stoppers wanted list for the week of Dec. 3

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Province gives $4.93M boost to school-based gang prevention program

The funding will see the ‘Erase’ program expand from 12 to 16 communities

Vancouver Island town to star in new Syfy series: Resident Alien

Ladysmith will play the role of Patience, Colorado in the series

Half of shoppers say they have no holiday spending budget

B.C. consumers surveyed estimate they will spend $921 this season

Opening day delayed at Mount Washington

Dec. 6 was set as opening day but will now be delayed due to lack of snow.

Province begins forfeiture of Shawnigan contaminated soil site

The forfeiture proceedings do not impact the closure plan for the landfill site

Man killed in crash due to ‘absolutely treacherous’ conditions on Coquihalla

Winter means icy roads are dangerous and drivers should be careful, RCMP say

Most Read