Ontario driving test wait-time policy 'discriminatory' to refugees, human rights tribunal finds

When Shyesh Al-Turki escaped Syria in the midst of its deadly civil war, asking the very regime he was fleeing for documentation to prove he was a licensed driver simply wasn't an option. 

Before he was forced into life as a refugee, Al-Turki made his living driving. 

Once in Canada, he hoped to do the same. But soon after arriving, he found himself roadblocked by a bureaucratic hurdle that forced him to take social assistance instead of being able to earn his keep.

That's because of a policy by Ontario's Ministry of Transportation that allows drivers with foreign experience to skip a one-year waiting period to become provincially licensed drivers, with a catch: they must provide an authentic letter attesting to their experience. That's something Al-Turki and refugees from many war-torn countries cannot do. 

Now in response to a claim by Al-Turki filed in 2017, Ontario's Human Rights Tribunal has found that policy "discriminatory," "arbitrary," and further disadvantages refugees already significant barriers. 

"Refugees enter this country in difficult conditions and disadvantage. They often arrive with foreign educational credentials and work experience, little financial resources and poor language skills in English and French. The policy exacerbates the already disadvantaged position of refugees by making it challenging to get their full drivers' licences in a timely manner," found adjudicator Josée Bouchard.

"To the extent that refugees cannot find employment and remain on public assistance [the policy] feeds the stereotype that they are a financial burden for society."

Forced to live on social assistance 

Al-Turki had testified that he could not travel to Syria obtain the documents Ontario demanded for fear of persecution. Contacting Syrian embassies and consulates in Canada was also a dangerous move.

Beyond that, most of the government offices that could produce the documentation had themselves been destroyed with the war having ravaged his hometown, the decision noted.

He was disappointed that he could not have the life in Canada that he imagined as a productive and contributing member of society.- Human Rights Tribunal of Ontario

For one year, it says, Al-Turki, his wife and 10 children were forced to live on social assistance, as he waited to earn the income he could if only he could test for a G-class licence.

During that time, he received about $1,440 from Ontario Works and because of his G2 licence, had to pay a higher monthly premium of $293 than was required after he obtained his complete G licence.

Al-Turki's testimony also spoke to the emotional toll of being unable to work. "He was angry and frustrated by his inability to secure gainful employment. He was disappointed that he could not have the life in Canada that he imagined as a productive and contributing member of society."

As a result of the decision, Ontario must immediately stop requiring those who meet the definition of "convention refugees" to provide official documentation authenticating their driving experience by their home jurisdictions.

The province now has six months from the time its COVID-19 emergency order lifts to revise its policy to make convention refugees exempt from the one-year waiting period.

Until then, any convention refugee with a driver's licence from their home country is exempt from the wait period, so long as the licence is valid for 24 months out of the last three years. 

Canada's Immigration and Refugee Board deems someone a convention refugee based on their fear of persecution based on race, religion, political views, nationality or membership in a social group. The IRB can also deem someone a "person in need of protection" if returning to their country means they could face the risk of torture, death or cruel and unusual punishment. It's unclear if or how the tribunal's decision might apply to that category of people.

Ministry 'reviewing' decision

Asked whether it would comply with the decision or ask the tribunal to reconsider, Ontario's Ministry of Transportation did not say.

"As the Ministry is still reviewing the decision, it would be inappropriate to comment at this time," ministry spokesperson Christina Salituro said.

It would not comment specifically on why Ontario is the only province to require the written authentication. Other provinces, such as Alberta, Manitoba and British Columbia, only ask for such documentation when a foreign driver's licence lacks certain key information, such as issue date, photograph, or date of birth.

Ontario's Human Rights Commission meanwhile called the decision "significant," saying it will be monitoring the province's response.

"This HRTO decision will allow refugees to obtain a full driver's licence without discrimination and have earlier eligibility for jobs in trucking, ride-sharing and delivery services," said OHRC Chief Commissioner Renu Mandhane.

"We call on the Ontario government to ensure it identifies and removes all discriminatory barriers that prevent refugees from contributing fully to Ontario society."