Date: 2022-10-17

Tribunal File Number: 14168/MED

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 licence pursuant to Section 47(1) of the Act.

Between:

Michael Lowerison

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION AND ORDER

Panel: Dimitri Louvish, M.D., Member Laura Hodgson, Member

Appearances:

For the Appellant: Self-represented

For the Respondent: Stella Velocci, Agent

Heard by teleconference: October 11, 2022

REASONS FOR DECISION AND ORDER

Overview:

1This is an appeal from the decision of the respondent, Registrar of Motor Vehicles (“Registrar” or “respondent”), to suspend the appellant’s driver’s licence. The decision to suspend was made after the Registrar received a “Request for Driver’s Licence Review” from the Ontario Provincial Police (OPP). The request indicated that the appellant’s ability to safely drive a vehicle was impacted by a substance use disorder and a psychiatric condition.

2The appellant’s licence was suspended on February 22, 2022. The Registrar requested the appellant’s treating physician to complete a Mental Health Assessment form and a Substance Use Assessment form before reinstatement could be considered. The appellant appealed the suspension on July 12, 2022.

3Based on the evidence available, the Tribunal finds that the appellant suffers from both a medical condition (substance use disorder) and a psychiatric condition that is likely to interfere with his ability to drive safely. The suspension is confirmed.

ISSUE

4The issue in this appeal is whether the appellant has a medical condition that is likely to significantly interfere with his ability to safely drive a motor vehicle. The appellant does not appear to dispute that he has medical conditions (substance use disorder and a psychiatric condition). The issue to be determined is whether any of these conditions are likely to significantly interfere with his ability to drive safely.

LAW

5The Registrar has the power under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”) to suspend or cancel a driver’s licence. A driver’s licence can be suspended if, among other things, the driver suffers from a medical condition or addiction that is likely to significantly interfere with the ability to drive safely. Subsection 14(1) of O. Reg. 340/94 under the HTA states:

An applicant for or a holder of a driver’s licence must not,

(a) 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;

(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.

6Section 14(2)(a) of the Regulation allows the Registrar to consider the Canadian Council of Motor Transport Administrators Medical Standards for Drivers (“CCMTA Standards”) when determining whether the requirements of s. 14(1) are met. The CCMTA Standards are not binding on the Registrar. Similarly, the Tribunal in this appeal may consider the CCMTA Standards but is not bound by them.

7The Registrar may require a driver to provide satisfactory evidence that he or she is able to drive safely (s. 14(2) of the Regulation). The Tribunal considers to what extent the driver has satisfied requests by the Registrar for information regarding their ability to drive safely.

8The Registrar has the burden of establishing the ground for suspending a driver’s licence on a balance of probabilities. The Tribunal may confirm, modify or set aside the decision or order of the Registrar.

EvidenCe and ANALYSIS:

9The Registrar received the OPP request for a review of the appellant’s licence on February 16, 2022. The request indicated that the appellant had mental health and substance use issues, had made suicidal utterances related to driving; and was apprehended under the Mental Health Act in February 2022. According to police information, the appellant’s father has expressed concern about the appellant driving.

10The appellant’s licence was suspended on February 22, 2022. The Registrar requested specific information from the appellant’s treating physician and the completion of a Mental Health Assessment form and a Substance Use Assessment form.

11The appellant’s treating physician completed the Mental Health Assessment on August 16, 2022. On that form, he indicated that the appellant’s primary mental illness is substance use. His current status is improving with ongoing moderate symptoms. The symptoms were noted to include anxiety and depression, agitation and mild, auditory hallucinations. The physician also indicated mild cognitive impairment but, to the physician’s knowledge, no issues with judgement. According to this form, the appellant has been admitted to the hospital more than twice in the last year due to psychiatric illness. The Registrar had also asked the appellant to have his physician complete a Substance Use Assessment form. This form remains outstanding.

12At the hearing, the respondent reviewed the materials and indicated that the appellant’s licence was suspended because of both substance abuse and mental health conditions.

13In the respondent’s submission, until the appellant provides the requested support for his licence reinstatement, his licence should remain suspended. The respondent indicates that the suspension is supported by the medical evidence, the HTA and the CCMTA Medical Standards for Drivers. With respect to substance use the CCMTA recommends a period of abstinence of one year. This period could be reduced to 6 months if drivers complete an approved treatment program. The respondent also pointed to CCMTA standards relating to drivers with a mental health condition. Recommendations include that the driver be stable, have sufficient insight to stop driving if the condition becomes acute and have the functional abilities to drive.

14In his evidence, the appellant candidly acknowledged an addiction to crystal methamphetamine. He has now been clean for two months. The appellant recently completed a seven-week Addictions and Mental Health Skills Group and is currently attending individual counselling. The appellant acknowledges still experiencing some auditory hallucinations. He believes that they are decreasing as his medications have recently been modified.

15Based on the information available and in consideration of the CCMTA guidelines, the Tribunal finds that the appellant’s substance use and mental health conditions are likely to significantly interfere with his ability to drive a motor vehicle safely. In the past year the appellant has been hospitalized for mental health reasons and has made suicidal utterances related to driving. The appellant is to be commended for the rehabilitative steps he has recently taken. He has, however, only been clean for a short period, still experiences some hallucinations and has recently had his medications modified. The requested Substance Use Assessment form, which could provide important information about the appellant’s substance use disorder, has not been provided. In all the circumstances, we agree that a period of extended sobriety and mental health stability is necessary before the appellant’s licence can be reinstated.

16The appellant is encouraged to follow the process outlined by the Registrar in its letter dated October 4, 2022, in order to regain his licence.

ORDER

17Pursuant to the powers of this Tribunal under s. 50(2) of the HTA, the Registrar’s decision to suspend the appellant’s driver’s licence is confirmed.