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Whelton Hiutin LLP Successful in Constitutional Challenge to Drivers’ Licenses Regulation

Whelton Hiutin LLP lawyers Neil Wilson and Yolanda Song were successful in Di Cienzo v. Ontario, a constitutional challenge to sections of Ontario’s Drivers’ Licenses regulation barring monocular (one-eyed) drivers from being considered for a license to drive a bus.  The case was brought under the equality protections of s. 15 of the Canadian Charter of Rights and Freedoms on the grounds that the law discriminates on the basis of disability by failing to provide for any individualized assessment of a monocular person’s ability to drive safely.  The Court considered extensive expert evidence and ultimately concluded that the law was discriminatory, and was not saved as a reasonable limit under s. 1 of the Charter because it failed the minimal impairment and proportionate effect branches of the legal test under s. 1.  As a result, the law was struck down, with a 12-month suspension of the order to allow the Province of Ontario to develop amended regulations.  A copy of the decision can be found here.