British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights)
, 3 S.C.R. 868, known as the Grismer Estate case
, is a leading Supreme Court of Canada
decision on human rights law. The Court held that the British Columbia Superintendent of Motor Vehicles was in violation of the provincial Human Rights Code for cancelling the driver's licence of Terry Grismer because he had a visual disability.
Terry Grismer was a mining truck driver who, after suffering from a stroke in 1984, suffered from homonymous hemianopia
(H.H.), a visual disability that reduces the scope of peripheral vision. After the stroke the Superintendent of Motor Vehicles cancelled his driver's licence on the grounds that his condition made him incapable of meeting the minimum standard for peripheral vision required when driving. This rule applied to all people who suffered from H.H.
Grismer brought a complaint to the Human Rights Commission for discrimination against the disabled. The Human Rights Tribunal found that the Superintendent directly discriminated and ordered a reassessment of his (Grismer's) visual abilities.
The issue before the Supreme Court of Canada was whether the complete prohibition against people with H.H. from driving was a reasonable standard under the requirements established in the Meiorin case
Reasons of the court
McLachlin, writing for a unanimous Court, found that the Superintendent discriminated against Grismer.
McLachlin found that the... Read More