The applicant, a monocular bus driver, challenged the constitutionality of the vision standards in s. 18(3) of the Drivers' Licences Regulations under s. 15 of the Charter.
The regulations imposed a blanket prohibition on monocular individuals holding a Class C commercial driver's licence.
The court found that the regulations substantively discriminated against the applicant based on her physical disability by perpetuating the stereotype that all monocular drivers are unsafe, without allowing for individual assessment.
The court further held that the infringement was not minimally impairing and therefore not justified under s. 1 of the Charter.
The court declared the regulations unconstitutional but suspended the declaration for 12 months to allow the government to amend the legislation, denying the applicant's request for an immediate individual exemption.
