Questionable Initiatives re the Medical Branch of the MTO

Though the following is not involved with DUI, it has been included in this blog as it involves the medical branch of the MTO and serves to illustrate the steady erosion of rights inherent in policies and practices to date.  Note the following report this author received.  It was composed and has been generally distributed by a retired police officer.  Definitely worth a read:

The Ontario Ministry of Transportation introduced discriminatory
restrictions and special testing for older drivers in Ontario, under the
false pretension that older driver constitute a significantly higher risk in
traffic.

In November of 2012, I conducted research, obtaining every valid statistic
in Canada and a major Australian Study, that used Canadian statistics. These
studies, including statistics from the Ontario Ministry of Transportation,
revealed that consistently, year after year, the older drivers have had
fewer accidents than any other drive group, and as they age, have fewer
still.

A charge was laid against the Ministry of Transportation , in November of
2012, under the Ontario Human Rights Act. After six months of intense
correspondence, the Ontario Human Rights Tribunal dismissed my complaint, on
the grounds that the Ministry, and all it's Agencies are exempt.

I continued my pursuit, by going directly to the Minister of Transportation.
After hounding him for a number of weeks, received an email, admitting that
the Ministry did not have the statistical justification to enact the
discriminatory legislation against the elderly drivers, but proceeded
anyway. I presume on preconceived views about the elderly.

This does not only make this law illegal, but it violates the Canadian
Charter of Rights and Freedoms, The Human Rights Act, The Criminal Code on
Elder Abuse, and the persons right to be presumed innocent until proven
guilty.

If you are still feeling comfortable, consider what is coming . The Toronto
Star recently featured an article called "Driving With Dementia, The New
Impaired Driver".
 

 In this article, it states that 28% of drivers over 65 years of age and
older, have dementia, and suggests that these people should be given a test,
presently being used in Alberta, called the Simard MD Protocal.
This test has no credibility with the Academics and Professional
Organizations, who have come out, stating that they are surprised that a
Government would use a test which is not scientific, unreliable, and sets
the seniors up for failure. 20% fail, 20% cannot be determined.
This test is paid for by the elderly
$250.00 each time tested, and paid to a private firm.

Rumour has it, that the Ontario Ministry of Transportation will be
introducing the Simard test in April of 2014.

Please give this as much distribution as possible, in order to make the
people of Ontario aware of what their Government is doing. The only way to
exercise our rights is to seek remedy through the Courts, however, only
wealthy citizens can afford their rights.

Perhaps, with wide distribution, we may find some legal firm, willing to
something as a public service.

Now given the track record of the branch of the MTO of Ontario with other medical suspension criteria as described in the post above it is quite probable that under loose and faulty examination tools, which they propose to use, those seniors exhibiting memory or even minor lapses in judgement comparable to what you might find in those younger in age will become highly suspect.   Further, under the precedent of the element of "Balance of Probability" established under the Care and Control laws and implied with medical suspensions in the new initiatives regarding suspected "alcohol dependency", many undeserving seniors will be losing their licenses on a large scale.  This is getting out of control and will, over time, result in a further erosion of our rights.

Now check out the following article from the National Post on a different  cause for license suspension - just as misplaced:

http://news.nationalpost.com/2012/10/31/drivers-licence-suspensions-for-heart-patients-can-be-unfair-disruptions-cardiologists/ 

and the following website:

 http://www.angelfire.com/on4/ontariomtovision/mto.html


Update:                                      Update:              Update:   It seems that public outcry does have influence with government attempts to promote the agendas of the media and the general public who blindly subscribe to the hype. It seems that government has found it prudent to reverse their irrational stance on the rather severe standards for dementia testing for seniors. It further seems that the premises (i.e. statistics) upon which it was based were faulty. The Following is taken from publications on the CARP website: http://www.carp.ca/2014/01/29/ontario-changes-senior-driver-renewal-program/                                                      
Quote:

Starting April 21, 2014, drivers aged 80 and over will no longer have to complete a written knowledge test, according to the Ministry, and will participate in a shorter and simpler renewal program that includes, a vision test, a driver record review, an improved in-class Group Education Session, and two short in-class screening exercises. This announcement disproves the circulating rumor that Ontario was going to implement the SIMARD Test, a costly, intrusive computer-based testing program with little evidence to support claims of effectiveness. The changes reflect many of the concerns CARP raised about the outgoing seniors’ licencing program, which unduly relied on age to determine licencing, rather than experience, driving record, and ability to drive. In an open letter last February and meeting last March, CARP called on the Minister of Transportation to end outdated licencing protocols that unfairly target older drivers and instead implement driver improvement programs and interventions that pro-actively increase safety measures for all drivers. CARP’s message was heard – the new changes provide balanced approach to ensuring the public’s safety and protecting people’s ability to drive. - See more at: http://www.carp.ca/2014/01/29/ontario-changes-senior-driver-renewal-program/#sthash.1RDMm5DU.dpuf

There is no question that the practices presently endorsed by the MTO to assess medical suspensions need serious review. The rights of all Ontarians would, at present, seem to be in jeopardy unless some serious revisions are enacted. Where the optics are bad (for example, in the case of alcohol dependence) there just may have to be a process followed which will ensure anonymity for those taken advantage of because their need for suspension may be in question (and apparently there is a significant number of these). There just may be no revisions made without an outcry somewhat similar to that of the elder crowd. Serious reform is sorely needed.

Readers who took exception to these initiatives and wrote in protest or made their voices heard in some fashion are to be commended.  It is clear that there is room for change in the process where other issues regarding medical suspension are involved.  These will be dealt with in the near future. 

 
How a retired teacher lost her licence for drinking at home

CHRISTIE BLATCHFORD
Brampton, Ont. — The Globe and Mail
Published Thursday, Jan. 13 2011, 8:21 PM EST
Last updated Monday, Sep. 10 2012, 11:01 AM EDT
When retired elementary school teacher Barb Copp broke her arm last March during an impromptu wake at her home after the sudden death of her best friend, she never dreamed it would result in the suspension of her driver's licence.
But less than two months after blood tests taken during an emergency room visit that night showed her liver enzymes were out of whack, Ms. Copp was quietly reported to the Ministry of Transportation (MOT) as "alcohol dependent" by her family doctor.

“I think this is a quantum leap," Ms. Copp, furious in her dignified way, told The Globe and Mail this week at her pleasant home in this suburb northwest of Toronto.

But if Ms. Copp's case is typical, suspensions may swiftly follow the submission of only the sparsest information - Ontario's one-page report requires just the date, a signature and a tick in the right box - and may even fly in the face of evidence to the contrary.

The province's mandatory reporting requirement under the Highway Traffic Act appears to date back to 1990, but the number of doctors actually doing it began to "steadily increase" only after the province's health ministry began paying physicians to do it in 2006, Bob Nichols, senior media officer for the transport ministry, told The Globe in an e-mail.

The province pays doctors, who are protected by statute for what otherwise would be a breach of patient confidentiality, $36.25 for each report.

Ms. Copp has a virtually pristine driving record - 53 continuous years on the road with only one speeding ticket in 2002 to her name.
As she wrote to the MOT last May, "I am a responsible member of society. I am trusted by many to be the designated driver for social events. Family, friends and the local taxi service will attest to my claim that I do not, nor have I ever, put others at risk."
She taught school in the area where she lives, is a well-regarded volunteer and guards her reputation fiercely.
When her licence was suspended for a year last July, she was embarrassed and kept the news close to her chest.
"I haven't told many people," she said, "because I bet everyone will think, 'I bet she was drinking and driving and doesn't want to admit it.' It's the shame of it all."
So Ms. Copp suffered in relative silence for the first six months, feeling ashamed and believing she was probably a rare victim of Section 203 of the HTA.
And when Ms. Copp wrote to the ministry, she frankly admitted she had indulged in "over-consumption of alcohol" on March 19, and said "the extenuating circumstance was the death of a dear friend …"
"I called an ambulance to take me to the hospital," she wrote. "My injuries included a dislocated shoulder and a broken humerus. No operation of a motor vehicle was involved."
The ministry website shows that an appeal is granted only if the driver pays $100 and submits additional medical information. The suspension remains in effect pending a decision.
When she received her formal notice, Ms. Copp saw that the one-year suspension - which requires a year of abstinence from alcohol - could be reduced if she completed a treatment program.
She signed up for one, but after four preliminary sessions, was told last Friday she wasn't considered a good candidate because she had admitted from the get-go she was there only to hasten the process of getting back her licence. Indeed, as a brand-new first-time grandmother of a baby living out of town and an avid bridge player, she is keen to resume her life.
But even if she were a problem drinker, that would be a health issue - her health issue - and a private matter.
What she isn't - and there's not a scintilla of evidence to say otherwise - is a drinker who ever gets behind the wheel. "I feel betrayed," she said quietly.
The ministry's own numbers raise the question: How many others are there who have been arbitrarily stripped of their licences absent evidence they pose a risk on the road?
As of 2004, not one Ontario doctor had been convicted for failing to report a medical condition.
And according to a study of Ontario's reporting law written in 2008 for Open Medicine, a peer-reviewed journal, although "drivers who have reportable conditions may over-contribute to crashes … the associations are not overwhelming.
"In summary," the authors wrote, "our data suggest that mandatory reporting in Ontario does not achieve its stated purpose…"