Halifax taxi driver accused of sexually assaulting minor won't return to work

A Halifax taxi driver charged with sexually assaulting a minor has lost his fight to keep working while waiting for his day in court.

Donald Charles Swinimer, 50, appeared before the city's appeals standing committee on Thursday to "plead" that both his taxi owner's and driver's licences be returned. 

"I've made mistakes. Who hasn't, in the past. These charges that have been put on me, I would say were done in a malicious manner," Swinimer told the committee of six regional councillors.

"I always thought that you were innocent until proven guilty in the court of law."

The city's licensing authority revoked Swinimer's licences on Feb. 6 after learning that the Lower Sackville, N.S., man had been charged three days earlier with sexual assault, sexual interference, sexual exploitation and invitation to sexual touching involving a person under the age of 16.

A cab driver's licence can be immediately suspended if they have been criminally charged, or committed acts that show it's not in the public's interest to have them drive a cab, according to the city's taxi bylaw.

Not allowed near children 

The charges are all related to the same young person whose identity is protected under a publication ban. The alleged offences happened between Jan. 1, 2013, and Jan. 31, 2020, according to documents laid in Dartmouth provincial court.

Swinimer was released on bail under conditions he must have no direct contact with the complainant, and avoid public parks, community centres or anywhere kids might be present.

He is also not allowed to be in the presence of anyone under 16 except while in the course of his employment and in the "immediate physical presence of a person over 18 years old."

Swinimer said he should be allowed to continue driving a cab given this court-ordered restriction, writing to the committee in February that "I am a law abiding citizen and I will abide to these conditions with no exceptions."

The municipality confirmed Swinimer had been working as a cab driver with dispatcher Satellite Taxi.

Councillor says Swinimer should be 'off the road'

The committee unanimously denied Swinimer's appeal on Thursday.

Councillors Lisa Blackburn and David Hendsbee spoke against the appeal during the meeting, saying the committee was not a court of law and not the place to decide on Swinimer's innocence or guilt.

But Blackburn noted that police found enough evidence to lay these "serious" charges, which does not happen unless there's a reasonable chance of conviction.

"This driver needs to be off the road until these charges make their way through the criminal court," Blackburn said. 

Swinimer told the committee he planned to plead not guilty. His case returns to court in April.

He added there hasn't been anything in the many years he's driven a taxi of this nature being reported, or complaints he's been inappropriate in public.

A history of violent behaviour

But Swinimer has a long criminal history dating back to at least 1991, according to court records.

In September 2012, he was sentenced for multiple offences including driving impaired, operating a car while evading a peace officer, uttering threats to cause death or bodily harm, doing anything with intent to cause an explosion, and setting fire to a substance.

In January 2011, he was sentenced for assault, and again in 2005 for property damage.

Andrea MacDonald, program manager for licensing standards, told the committee Swinimer was first issued a licence in 2001, but it's unclear from their records whether he continuously worked as a driver since then, as there is a "gap." 

She said he was reissued a taxi driver's licence in 2015. At the time, Swinimer would have submitted a criminal record check which showed his previous 2012 convictions, MacDonald said.

New system would flag serious offences

When asked by Blackburn how long someone needed a clean criminal record before they could drive a taxi, MacDonald said they have a new system that came about last September. 

Under the new rules, MacDonald said there's a list of charges that would trigger a licence suspension if they'd been convicted in the past 10 years. 

After the meeting, MacDonald told reporters that there was always a criminal record check, but in the past reviews mostly focused on offences that happened while someone was actually operating a taxi.

Although MacDonald said the city isn't going to be proactively reviewing every taxi driver's history in light of Swinimer's case, every two years drivers are required to submit a criminal record check so the new system would flag serious recent convictions. 

She added that they would investigate any public complaint about a driver's history.

Swinimer is the latest in a string of Halifax cab drivers charged with sexual assault in recent years.

The most high-profile case is that of former driver Bassam Al-Rawi, who was acquitted in a retrial last September. Al-Rawi was charged with sexually assaulting a passenger on May 23, 2015, and four days later the city suspended his licence.

But that August, the appeals committee voted unanimously — against a staff recommendation — to reinstate his licence with conditions.

More recently, a taxi driver was charged with sexual assault last September. The driver's licence had just been reinstated after it was suspended over other driving infractions.

City creating new taxi committee

Swinimer may be one of the last taxi drivers to come before the appeals committee.

At a Sept. 24 council meeting, Coun. Waye Mason asked for a staff report that would recommend the best structure for an arm's length external committee that would handle taxi licence appeals in order to "ensure that confidence is restored in the taxi and appeals system."

Earlier this week, the issue returned to city hall where regional council directed CAO Jacques Dubé to draft taxi bylaw changes that would allow future appeals to be heard by a taxi license appeal committee.

It would be an arm's length committee similar to one used by London, Ont., according to the staff report. Up to three people would be appointed as taxi appeal officers, with a single officer hearing each taxi licence appeal. They would earn a $250 honorarium per hearing.

Staff suggested taxi appeal officers should have prior experience in administrative law, be able to carry out a fair and impartial hearing, and have excellent written and oral communication skills.

Halifax municipal spokesperson Maggie-Jane Spray said these amendments are expected to come back for first reading in June, and then second reading at a later date. 

According to the municipality, there were zero taxi licence appeals in 2017, one in 2018 and five in 2019.