2010 BC Guide in Determining Fitness to Drive

Delivering the judgement of the Court, McLachlin J. wrote that:“Driving automobiles is a privilege most adult Canadians take forgranted. It is important to their lives and work. While the privilege canbe removed because of risk, it must not be removed on the basis ofdiscriminatory assumptions founded on stereotypes of disability, ratherthan actual capacity to drive safely. … This case is not about whetherunsafe drivers must be allowed to drive. There is no suggestion that avisually impaired driver should be licensed unless she or he cancompensate for the impairment and drive safely. Rather, this case isabout whether, on the evidence … [the driver] should have been givena chance to prove through an individual assessment that he coulddrive.”The medical condition guidelines outlined in the medical conditionchapters of this Manual are based on presumed group characteristics ofindividuals with each medical condition. However, consistent with thedecision in Grismer, OSMV makes driver fitness determinations on anindividual basis. This is why the medical condition guidelines are calledguidelines; they are a starting point for decision-making, but may notapply to every individual. Where appropriate, OSMV utilizes individualassessments to determine whether an individual’s functional ability todrive is impaired and, if so, whether the individual can compensate for theimpairment.24