Blue Marlin Inn in Port Alberni has been ordered to pay a retired RCMP officer $2,500 by a human rights tribunal after staff banned the man from the premises for preparing to consume medical cannabis.
Robin Hayes, the retired officer, suffers from PTSD as a result of his service with the RCMP and has been given a prescription for medical cannabis.
Emily Ohler, tribunal chair for the hearing, noted that Hayes regularly attended the Blue Marlin Inn, which also hosts community events, before he was banned due to this incident.
On July 10, 2019, Hayes was at the Inn having a beer, when he started to roll a joint. His server noticed this and said it was not allowed.
According to the decision, Hayes tried to explain to the server that according to B.C. regulations, cannabis can be prepared inside an establishment with a liquor licence.
“Like preparing a cigarette, it is legal for patrons to prepare joints within the liquor licensed area, provided they do not smoke them,” says the Cannabis Information for Liquor Licensees and Permittees sheet.
He went outside to smoke, then when he returned a different server gave him a beer, then his server saw him and said he was being kicked out.
The Inn then called police to attend the scene, so Hayes said he waited outside just in case they showed up – they didn’t.
Following the incident, Hayes tried calling the Inn to explain that he is permitted to prepare a joint inside, but he says he was hung up on.
He then tried to bring the information sheet to the Inn, but the server who kicked him out turned and walked away, so he left the sheet at the bar.
“The fact is that it’s a lawful use,” Hayes said in the decision. “I don’t feel that I should have to hide and prepare my medical cannabis in a back alley or bathroom or to be singled out for the use of medical cannabis. As a person that’s fully compliant with the law and has a history of law enforcement ‐ as a peace officer no less – it is very humiliating.”
In the tribunal, Hayes argued that he was discriminated against for his disability – PTSD – and the Inn was not compliant with their responsibilities in the B.C. Human Rights Code.
The decision notes the Blue Marlin Inn chose to not submit any evidence in the tribunal, so all of Hayes’ evidence was accepted as undisputed fact.
While cross-examining Hayes, Blue Marlin argued it has the right to refuse service to anyone and everyone at any time, which Ohler notes indicates the Inn does not understand its obligations under the Human Rights Code.
According to the Code, an establishment can refuse service to anyone unless the reason for refusal of service is due to a characteristic under a protected class, which inclues physical or mental disability.
As a result, Ohler ruled in Hayes’ favour and awarded him $2,500 for injury to his dignity, feelings, and self‐respect.
Additionally, Blue Marlin Inn is required to refrain from committing the same infraction, they are required to pay interest on the amount owed until it is paid in full, and all staff and management are required to receive training on obligations under the Human Rights Code.
Laura Brougham
