A retired RCMP officer has been awarded $10,000 in compensation after being banned from a Vancouver Island pub for rolling cannabis joints.
The decision was reached following a legal case where retired RCMP officer Robin Hayes claimed that he was discriminated against based on his mental disability, as he uses cannabis to treat his post-traumatic stress disorder (PTSD).
The incident dates back to May 6th, 2019, when Hayes was banned from a Port Alberni pub by an employee of Ocean Marina Hotel.
The ban was imposed after Hayes was seen rolling marijuana at a table within the pub, however, the case hinged on whether the pub had offered reasonable accommodation for his disability.
Evidence presented during the case indicated that initially that Hayes could prepare cannabis within the pub as long as he did not do so at the main bar, but an employee disagreed with this accommodation.
It was eventually agreed that Hayes could roll joints in the pub’s bathroom, a decision that he found stigmatizing and unreasonable.
The tribunal ruled in favor of Hayes, stating that the accommodation to roll joints in the bathroom was not reasonable, as it perpetuated stigma and excluded him from mainstream participation.
The pub’s concerns about odours and potential loss of business were not sufficient to justify this discrimination, as there was no concrete evidence of harm.
In addition to declaring the pub’s conduct discriminatory and ordering them to cease such behavior, the tribunal awarded Hayes $10,000 in compensation for the injury to his dignity, feelings, and self-respect.
This amount is in line with similar cases involving discrimination.
Furthermore, Hayes was not granted the right to prepare cannabis anywhere in public but only within the specific pub in question.
