Article by Charlie Smith, The Georgia Straight
A Vancouver motorist has successfully challenged a driving prohibition that came after a cop smelled cannabis on him and observed that he had glassy, red eyes.
Const. Kayla Chow imposed a 24-hour ban on Jasdeep Singh Shergill on September 30, 2016. It came after he was pulled over while driving slowly in the 9000 block of Shaughnessy Street.
According to the May 18 ruling by Justice Nigel Kent, officers on the scene “could immediately smell an odour of fresh marihuana and observed marihuana grinders in plain view in the middle console”.
Shergill and two passengers were ordered out of the vehicle and arrested.
The police occurrence report stated that “Shergill had glassy red eyes and a strong odour of marihuana coming from his body.”
In searching the vehicle, officers found a bottle of Visine, as well as a 12-pack of beer in the trunk, with only nine of them unopened.
“The alleged reasonable and probable grounds in this case really boil down to a combination of slow driving, the odour of vegetative marihuana, and glassy, red eyes,” Kent wrote in his ruling. “Absent more objectively compelling circumstances, however, three ‘mere possibilities’ do not a ‘reasonable probability’ make.”