Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Registrar of Motor Vehicles to suspend a driver’s licence under subsection 47(1) of the Act
Between:
C.M.
Appellant
-and-
Registrar of Motor Vehicles
Respondent
DECISION
Panel: Peter Savage, M.D., Member Zahra Dhanani, Member
Appearances:
For the Appellant: C.M., Self-represented
For the Respondent: Kyle Biel, Agent
Place and date(s) of hearing: By Teleconference January 11, 2018
REASONS FOR DECISION
A. Overview
1C.M. is a 68-year-old woman who lives in [ ]. On June 17, 2017 C.M. voluntarily admitted herself into the hospital for alcohol dependence. As required by law, her doctor reported this to the Registrar and as a result on June 30, 2017 the appellant’s driver’s licence was suspended.
2C.M. is appealing the Registrar’s decision to suspend her license. Since the suspension, she had written the Ministry of Transportation (Ministry) requesting that her licence be reinstated.
3Legally, the Minister may require a driver to provide satisfactory evidence that he or she is able to drive safely. The Tribunal may consider whether a driver has complied with such a request.
4The Registrar refused to re-instate C.M.'s license in part because she had not provided reports on her mental health condition that he had requested.
5While C.M. had taken positive steps toward rehabilitation with respect to her alcohol addiction, she also suffers from anxiety and depression which she admits tends to exacerbate her drinking. The Registrar provided her with an opportunity to have a mental health form filled out by her medical practitioner in order to provide more information on the effect of her mental condition on her ability to drive safely, but she has failed to do so.
6In this case we found that C.M. did not comply with the Registrar's request to provide the required documentation that she could drive safely. We therefore confirm the Registrar's decision to suspend C.M.'s licence.
B. ISSUES:
7The issue in this appeal is whether C.M. is addicted to the use of alcohol to an extent likely to significantly interfere with her ability to drive a motor vehicle safely. In order to answer that question, we will address the following issues:
a. Is C.M. addicted to the use of alcohol?
b. If addiction is proven, is C.M.’s addiction to alcohol/mental health condition likely to significantly interfere with her ability to drive safely?
C. LAW:
8Section 47(1) of the HTA lists specific grounds when a Registrar may suspend or cancel a driver’s licence. If the reason the Registrar wishes to suspend a driver’s licence is not specifically noted, the Registrar may suspend the licence for “any other sufficient reason.”
9One sufficient reason to suspend a driver’s licence under s. 47(1)(g) of the HTA is that the driver suffers from a medical condition or disability likely to significantly interfere with his or her ability to drive safely. Subsection 14(1) of O. Reg. 340/94 (the “Regulation”) under the HTA states:
(1) An applicant for or a holder of a driver’s licence must not:
(b) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely;
10Under s.14 (2)(b) of the Regulation, the Minister may also require a driver to provide satisfactory evidence that he or she is able to drive safely. The Tribunal may consider whether a driver has complied with such a request.
11The Registrar has the burden to establish the ground for suspending the licence on a balance of probabilities. Following a hearing, the Tribunal may, under s. 50(2) of the HTA, confirm, modify or set aside the decision or order of the Registrar.
D. ANALYSIS:
Is C.M. addicted to the use of alcohol?
12There is agreement by both parties that the condition of alcohol dependence was present on June 17, 2017 when C.M. admitted to her doctor that she had a problem with alcohol use.
13This issue is not contested. At the hearing C.M. agreed she had a drinking problem at the time of suspension and was using alcohol excessively.
14At the hearing she testified that in the past she had driven while under the influence of alcohol.
15At the hearing C.M. also testified that her anxiety, depression and life stress had exacerbated her drinking in the past.
If addiction is proven, is C.M.’s addiction to alcohol likely to significantly interfere with her ability to drive safely?
16Based on the evidence we cannot find that C.M.'s drinking will not interfere with her ability to drive safely.
17First, we must commend C.M. on admitting her actions and that she was remorseful for driving while under the influence. It is courageous to take positive action in the face of addiction and C.M. voluntarily went to see a doctor to get help. It seems that she has good support at home with a partner and support from her church community.
18Since her voluntary hospitalization for alcohol dependence, C.M. has participated in several different programs and her doctor is of the opinion that she has had a consistent period of abstinence. C.M. submitted various medical letters of support from her doctors and from counsellors from the different programs she is attending, with respect to her abstinence.
19Her doctor and counsellors are all supportive of C.M.'s continued efforts to maintain her sobriety. C.M. has done a lot of work to support her abstinence from alcohol. She has:
− Attended AA meetings every other day, since she admitted her problem,
− Completed a five-week out-patient addiction program,
− Completed an eight-week out-patient program for grief and mourning,
− She continues to attend individual counselling sessions, and:
− She goes for regular alcohol testing, medical reviews and specific addictions counselling at the treatment centre that she attends.
20As stated above the Registrar may require a driver to provide satisfactory evidence that he or she is able to drive safely. The Tribunal may consider whether a driver has complied with such a request.
21In this case we find that C.M. has not complied with such a request.
22C.M.'s first doctor’s report to the Registrar noted that C.M. had mental health issues that could be a concern for her driving.
23It was admitted by C.M. that she has depression/anxiety and needs treatment for her conditions. C.M. testified that her depression, anxiety and aggravating life circumstances, lead her to drink. As a result, we find that her anxiety/depression has made it more difficult for C.M. to control her alcohol addiction, which in turn creates a risk to driving.
24C.M. has provided documentation that she has been referred to several different programs for her anxiety and depression. She has not yet commenced any of these programs.
25C.M. is going through an incredibly challenging period as her 6-year-old grandson has terminal cancer. C.M. stated that she played an extremely important role with her daughter's family. She had to be able to respond 24 hours a day when needed. She testified that she needed her licence to be able to help her family through this crisis.
26The Registrar's refusal to re-instate C.M.'s licence is because they had requested a report from her doctor on her mental health condition and C.M. did not provide it. On October 16, 2017, the Registrar requested a form on her mental health condition. It had to be filled out by a mental health doctor and returned to the Ministry. This request was made of C.M. several times. At the time of the hearing C.M. had never provided a report on her mental health condition.
27The Registrar pointed out the need for more information about C.M.'s mental health condition as these issues were identified in the reports from the health care providers when they reported to the Ministry about her alcohol condition.
28The Registrar argued that because C.M.'s drinking in the past was connected to her bouts of anxiety and depression, a medical opinion stating this would not adversely impact her abstinence from alcohol, was critical. C.M. admitted to using alcohol in the past when under stress and admits that she is under immense stress right now. This is concerning as we cannot know how she will deal with the progression of her grandson's terminal illness.
29C.M. repeated several times that she needed to drive because she was her daughter’s sole support during this taxing time in her family.
30There is no medical report to counter the evidence that C.M.'s mental health issues exacerbate her alcohol addiction.
31We find C.M. not to be a credible witness. She could not answer clearly in any regard when it came to her health issues. She was asked about the time when she was hospitalized, about visits to her family doctor and she couldn't answer any of the questions but to say that she did not know.
32At the outset of the hearing C.M. claimed that the form for the mental health report had not been sent to her. The respondent argued that C.M. had been repeatedly told where this report was and how to have it filled out by her family doctor or alcohol treating doctor. She did not accept that the Registrar had sent it to her on multiple occasions. Later she said she had received the information.
33C.M. presented at the hearing as very confused, unable to comprehend or remember simple information and unwilling to accept facts. She would repeatedly give inconsistent information, not understand simple instructions and could not identify documents that were in front of her.
34Because we could not find C.M. to be a credible witness, we do not accept her testimony that her alcohol addiction will not interfere with her ability to drive safely. We have found that her alcohol addiction is exacerbated by her mental stresses, we find the need for a medical report that would corroborate that her mental health would not affect her alcohol addiction and as a result her driving.
35The appellant has had an opportunity to present evidence by completing the mental health form provided to her by the ministry, but she did not do so. Accordingly, we are satisfied that her alcohol addiction, as exacerbated by her mental health condition, is likely to significantly interfere with her ability to drive safely.
E. CONCLUSION:
36It was not in dispute that C.M. has an alcohol addiction, which has in the past interfered with her ability to drive safely, as she has admitted to driving while impaired. While she has taken positive steps toward rehabilitation with respect to her alcohol addiction, she also suffers from anxiety and depression which she admits tends to exacerbate her drinking. The Registrar provided her with an opportunity to have a mental health form filled out by her medical practitioner in order to provide more information on the effect of her mental condition on her ability to drive safely, but she has failed to do so.
37We find that the Registrar has established on a balance of probabilities that C.M. is addicted to the use of alcohol and has a health condition that is likely to significantly interfere with her ability to drive safely.
F. ORDER:
38For the reasons set out above, pursuant to subsection 50(2) of the HTA, we uphold the Registrar’s decision to suspend and not reinstate the Appellant’s driver’s licence.
LICENCE APPEAL TRIBUNAL
_____________________________
Peter Savage, M.D. Member
_____________________________
Zahra Dhanani, LL.M. Member
Released: April 18, 2018