Life-Time Driving Ban Violates Ontario Human Rights Code: Rehabilitated Alcoholic

Rehabilitated Alcoholics in Ontario are discriminated against on account of their
historical disability by being prevented from driving for life if they had four prior
convictions under the Criminal Code of Canada for alcohol-related infractions
pursuant to the Highway Traffic Act.  This has prompted Mr. Heron to bring a
complaint against the Attorney General for Ontario and the Minister of
Transportation asserting that this prohibition violates his right to free from
discrimination on account of disability.

Mr. Heron had the misfortune of being convicted of four impaired related
driving offences more than 13 years ago but although rehabilitated today is
banned for life from obtaining a driving license not only in Ontario but Canada
-wide.  Mr. Heron has some 20 plus working years left.

In this case Mr. Heron who operated heavy land-clearing equipment in a mine
-setting commanding top compensation was rendered unemployed and unemployable
once the mines required operators of such equipment to hold a valid driver's liscense -
even though the employee does not drive or operate such vehicles on a public road or
highway.

This is discrimination plain and simple.  The exclusion of Mr. Heron and other
similarly situated persons in Ontario is not only contrary to the Human Rights Code
but also the Canadian Charter of Rights and Freedoms.  Denying Mr. Heron and other
Ontario residents who once suffered from a recognized condition which they have been
cured of is simply not justifiable under the Ontario Human Rights Code or the Charter.


NOTE:  This piece is published as a matter of public interest.  If you or someone you
know is similarly situated to Mr. Heron I wish to learn about your experience with this
issue. I am counsel to Mr. Heron.  My name is E.J. Guiste - Tel.(416) 364-8908.

Wrongly Accused of Domestic Violence or Victimized ?

   As a lawyer who handles both the defence of criminal allegations arising from domestic violence occurrences and prosecutes civil actions for malicious prosecution and negligent investigation arising from these allegations it is clear to me that countless numbers of innocent, hard-working individuals in Ontario are all too often wrongly charged with domestic-related criminal offences.

   We have all met and heard of individuals who have found themselves charged and removed from their homes for nothing more than restraining or otherwise seeking to avoid the commission of an assault on their person. It is not a crime to do this. One is entitled in law to defend one's person. The question is whether the response is reasonable and proportionate in the circumstances.  Included in this category of cases are cases involving what has come to be referred to as the Battered Spouse Syndrome defence.  The Battered Wife Syndrome involves a situation where a historically battered spouse  retaliates in self-defence - possibly killing the other spouse.

   Domestic violence in Ontario is a very serious issue. Public policy in Ontario has seen fit to pass clear and mandatory standards regarding how police services in Ontario are to investigate these cases.  The problem is these polices are more often than not disregarded by police officers and others in the criminal justice system.  Crown counsel instinctively refuse to produce such policies as Stinchcombe disclosure often resulting in non-production of what is relevant evidence to the defendant's ability to make full answer in defence of the allegation against him or her.

 
About the author:  E.J. Guiste deals with both civil and criminal domestic violence cases. If you have been charged or are a victim of domestic violence and want to know your rights with respect to civil redress for the harm caused to you call me for a consultation. Tel.(416) 364-8908 - E mail: ejguiste@yahoo.com

In Flanders Fields - John McCrae

   In Flanders fields the poppies blow
Between the crosses, row on row, 
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn saw sunset glow, 
Loved and were loved, and now we lie, 
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

By Lt Col John McCrae