RCMP veteran who rolled joint in B.C. pub wins human rights case against bar that kicked him out
A retired RCMP officer who was kicked out of his local pub for rolling a joint has won a Human Rights Tribunal case.
Former RCMP officer Robin Hayes took Port Alberni's Blue Marlin Inn to the Tribunal following an incident in 2019 when the pub kicked him out and called the police because Hayes rolled a medical marijuana joint. It also barred him from returning.
According to an April 26 B.C. Human Right Tribunal decision, Hayes has post-traumatic stress disorder related to his years as an RCMP officer and was prescribed medical cannabis by his doctor.
In the case, Hayes argued the Vancouver Island pub had discriminated against him on the grounds of a disability.
The decision said Hayes was a regular at the Blue Marlin Inn, and the bar had even given him a special customer appreciation certificate in respect of his participation in a community event. The decision says the bar is a hub of social activity in Port Alberni.
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In 2019, while at a meat raffle event event at the pub, Hayes rolled a medical cannabis joint.
Hayes testified he was trying to do it "quickly and discreetly," however, a server saw him and told him he could not do that in the pub.
"He tried to explain to her that it was medical and permitted, but she walked away," the decision read.
Hayes then walked outside and smoked the joint, before heading back in and ordering another beer.
A while later while trying to order another drink he was told he would not be served and had to leave.
"He tried to explain that it is legal for him to possess cannabis and that it is for medical purposes, but the server was very angry and wanted him kicked out," the decision said.
Someone then told him the police had been called.
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"Mr. Hayes explained that he felt very embarrassed to be reported to the RCMP given he spent his career in law enforcement," the Tribunal said.
Hayes waited outside for the police but they never showed up.
Following the incident, Hayes tried to make amends with the pub but had no luck.
"Given that he lives in a small community, Mr. Hayes explained that it is difficult when he is no longer welcome at a place that was central to his social connections in the community he chose to retire in. He noted that some people are supportive of his right to use medical cannabis and some people are not, and while he does not expect everyone to have the same opinion, 'the fact is that it’s a lawful use,'" the Tribunal said.
Hayes argued he didn't feel he should hide his medical cannabis use in a "back alley or bathroom" or be singled out.
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"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," Hayes said in the decision.
The Blue Marlin Inn denied discrimination but presented no evidence at the hearing, only taking part in the cross-examination.
According to the decision, the Blue Marlin claimed the server had asked him three times to roll his joint discreetly, although Hayes denied this saying she just told him he couldn't roll a joint in the pub.
The bar also argued it had the right to refuse service to "anyone and everyone" at any time.
However, the Tribunal disagreed.
"This argument shows a clear misunderstanding of the legal obligations of service providers, even liquor establishments, under the (Human Rights) Code," the Tribunal ruled. "It is not at all clear to me on the evidence before me why Blue Marlin has refused to allow its once valued patron to return to its premises. It did not provide any evidence to justify its decision."
"What is clear is that it was discriminatory," the Tribunal ruled.
The Tribunal characterized the pub's actions of kicking him out, banning him and calling the police, as "extreme."
The Tribunal ruled Hayes rolling a joint was done so to meet his disability-related needs.
"I do not see this situation as different from if Mr. Hayes needed pills to treat a disability and his server made an issue about his dispensing and taking one at the table," the Tribunal ruled.
Ultimately the Tribunal ruled that the Blue Marlin pay Hayes $2,500 compensation and that the bar train its staff and management on when and why it can deny service to customers.
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