Wednesday, November 27, 2019

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.

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