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Letters: B.C. driving rules contravene seniors' human rights

Editor: The purpose of this letter is to encourage 80-year-olds and over to use every legal means at their disposal to contravene the methods used by the Ministry of Public Safety and Solicitor General to test drivers over the age of 80 years.
senior driver, stock photo
Senior drivers are being discriminated against by B.C. law, says this letter writer.

Editor:

The purpose of this letter is to encourage 80-year-olds and over to use every legal means at their disposal to contravene the methods used by the Ministry of Public Safety and Solicitor General to test drivers over the age of 80 years.

Like thousands of B.C. drivers, on reaching 80 years and older, I received a form letter from the Ministry of Public Safety and Solicitor General advising that I must undergo and pass a (full) medical exam beginning at 80 years of age, and repeat this exam every two years thereafter. The Driver’s Medical Examination Report must be submitted by my physician. The cost of $200 or more must be borne by me.

I have outstanding issues regarding this requirement:

Concerns regarding a full medical examination:  The objective of the medical exam is to assess the actual driving ability of seniors over the age of 80. This might be better determined through an actual  driving test rather than based on a 10-year-old arcane concept and on faulty statistics which have no relationship to the driving ability of persons over 80. This targets a specific older age group. This is tantamount to discrimination by imposing requirements that no younger driver has to meet and appears to violate both the Charter and sections of both federal and B.C. Human Rights legislation.

Frequency: Eighty-year-old drivers must pay for the initial medical exam and again every two years thereafter. Annuallthere are thousands of medical exams for B.C. senior drivers. As there are no listed costs by the ministry for such an exam, physicians have a free rein to impose fees ranging  up to $400 for each exam. This is an onerous expense imposed by the B.C. government on elderly drivers on limited income as well as unfair, discriminatory double taxation and a shameful hidden tax grab .

A suggestion might be to combine both the RoadSafetyBC exam with the elder annual medical exam as the required data is similar, set a fixed fee for the physician to submit directly to the Medical Services Plan for payment, saving thousands of dollars and lessening the financial burden on the elderly.

The Charter of Rights and Freedoms is entrenched in the Constitution of Canada. Federal/B.C. Human Rights state that every individual is equal under the law and has the right of equal protection and  benefit of the law without discrimination based on age. This applies to the legislative body and government of each province  (section 32 (1)(b)). 

What personal action can every 80+ driver take to raise his voice against such blatant discrimination in contravention of the Charter of Rights and Freedoms?  I  strongly urge that you contact your MLA, local and main B..C newspapers, editors (editorials), B.C.Services advocates, CARP, the Legion and other veteran groups and demand change to this discriminatory practice.

Major Claude Filiatrault (ret. RCAF), Penticton