CALGARY — A British Columbia motel has been ordered to pay damages after evicting a guest for violating a no-cannabis policy, in a case that underscores warnings about legal conflicts over property rights following marijuana legalization.As reported by Blacklock’s Reporter, the British Columbia Human Rights Tribunal ruled the eviction caused harm to the guest’s dignity and was not justified by the motel’s rules.“The Motel has not explained how the rule prohibiting possession of medicinally prescribed cannabis products in the Motel room or common area was necessary,” wrote adjudicator Theressa Etmanski. She found the incident resulted in “injury to dignity, feelings and self-respect.”The case stems from a 2020 incident involving Vicky Arvanitis, who was staying at the Sun Beach Motel. Arvanitis had sought $20,000 in damages, but the Tribunal awarded $5,000 plus interest.“The Motel evicted Ms. Arvanitis at least in part based on their policy governing cannabis possession and use,” the ruling stated, adding the policy “adversely impacted” her..Ottawa yanks 4,100 cannabis licences as legal pot industry struggles with debt and black market .Evidence showed the motel had posted clear rules banning both tobacco and cannabis use on the property, regardless of federal legalization.Notices instructed guests to keep marijuana in their vehicles and warned that violations could result in eviction without refund.Arvanitis testified she had smoked a joint in a nearby park before returning to the motel, where she left it in an ashtray outside her room. She was later evicted, with the Tribunal hearing that a manager told her, “We don’t want people like you at our Motel.”The Tribunal noted Arvanitis held a valid prescription for medical cannabis to treat chronic back pain and had membership with the British Columbia Compassion Club Society. It concluded she experienced clear harm as a result of the eviction.The ruling revives concerns raised when Ottawa legalized recreational cannabis in 2018 under the Cannabis Act. At the time, some lawmakers warned the policy would lead to disputes between property owners and cannabis users.Former senator André Pratte told a Senate committee the federal government would leave such conflicts “totally to the courts,” after rejecting amendments that would have allowed provinces to regulate the issue.
