Driver testing challenged on human rights grounds

The issue of whether mandatory testing violates the rights of elderly drivers is to be addressed in an Ontario courtroom.

Kenneth MacLennan of Cornwall launched a court challenge against the Ontario Ministry of Transport last September.

MacLennan claims the testing Ontario drivers aged 80 and over must undergo under the province’s Highway Traffic Act is discriminatory on the basis of age, a human rights violation.

"My case is basically this, when the government requires a person 80 and over to pass the test, they effectively violate me under the Ontario Human Rights Code," MacLennan told the Cornwall Standard-Freeholder at the time of the initial court hearing.

MacLennan believes the testing legislation relies on suspect evidence that suggests drivers over 80 are more likely to cause accidents.

According to information from the Elder Advocates of Alberta, a further hearing of MacLennan’s case before the Ontario Superior Court in Ottawa is scheduled for April 7.

In Alberta, Elder Advocates has been concerned for some time about testing of older drivers that the organization considers unfair and discriminatory.

At age 75, drivers must have a physical exam. Another is required at 80, and every two years after that.

In addition to the basic exam, doctors may also require cognitive testing using the Simard MD test and refer drivers for a DriveAble computer simulation driving test, which is administered by a private company and costs $250 plus GST. Failing these tests may lead to drivers being unable to renew their licenses.

Elder Advocates is skeptical about the tests’ fairness and accuracy.

“Please be aware, according to Alberta statistics, seniors are the safest drivers on Alberta roads,” the group stated in a letter to Wayne Drysdale, Alberta transportation minister. “It is well known they have the lowest casualty rates, they are not causing the often carnage on Alberta roads.

“Obviously, there is no justification for this testing. We are being abused by this protocol, our rights are being violated. We are respectfully asking to have this protocol put to an end.”

In a further letter, the group queried Drysdale about statements made at a March 12 seniors driving information session in St. Albert. Speaker Bonnie Dobbs said all doctors will soon be electronically hooked to Alberta Transportation Driver Fitness and Monitoring. This would prevent “doctor shopping” to avoid Simard MD testing.

“Please advise us of the intent of this protocol and the attending cost to taxpayers,” the letter stated. “Some seniors are suffering total neglect in long term care facilities, skin rotting and blackening on their bodies resulting in deadly septicemia as became recently public in Calgary.  However your government is concerning itself and spending scarce resources and effort to unfairly target, destabilize and humiliate independent, functioning Alberta citizens.”