Time:

4:00 p.m.

Place:

Anderson Room

Richmond City Hall

Present:

Mayor Malcolm D. Brodie

Councillor Linda Barnes

Councillor Derek Dang

Councillor Sue Halsey-Brandt

Councillor Bill McNulty

Councillor Harold Steves

Director, City Clerk’s Office – David Weber

Absent:

Councillor Evelina Halsey-Brandt

Councillor Greg Halsey-Brandt

Councillor Ken Johnston

Call to Order:

Mayor Brodie called the meeting to order at 4:00 p.m.

RES NO.

ITEM

1.

CHAUFFEUR’S PERMIT APPEAL - Parmjit Singh Atwal

(File Ref. No.:  12-8275-02/2011-Vol 01) (REDMS No. 3180977, 2910861, 3196042)

Sergeant Rob Quilley, NCO i/c Traffic Services, Richmond RCMP, stated that on March 14, 2011, Mr. Parmjit Singh Atwal applied for a renewal of a Chauffeur’s Permit.  Sgt. Quilley advised that the local police check revealed that, within the past year, Mr. Atwal had been involved in two instances of violence directly related to passengers of his taxi.

Sgt. Quilley referred to police records and noted that the first incident occurred in Richmond on March 17, 2010 and the second incident occurred in Delta on March 13, 2011.  He stated that upon reviewing the details of both police files, he found that both incidents were similar in nature in that they began with an argument as a result of a passenger not abiding by a rule. 

Sgt. Quilley spoke of both incidents and the following information was noted:

Incident #1 – Richmond

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Mr. Atwal picked up three young men who had called for a taxi pick up near Blundell Road and Gilbert Road;

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two passengers sat in the back of Mr. Atwal’s taxi and the other sat in the passenger’s seat;

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the passenger did not wear his seatbelt, and as a result the vehicle seatbelt alarm began beeping;

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the passenger asked Mr. Atwal to turn the beeping off and stated that he did not want to wear his seat belt;

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an argument broke out between Mr. Atwal and the passenger;

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the passenger claims that Mr. Atwal allegedly back handed him, which resulted in a small cut on the inside of his lip;

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Richmond RCMP responded to a report of an assault in the vicinity of the Foggy Dew Pub;

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Mr. Atwal denied striking the passenger;

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after obtaining separate statements from all three passengers and Mr. Atwal, a member of the Richmond RCMP found reasonable and probable ground that an assault had occurred, and that Mr. Atwal was to be arrested; and

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Mr. Atwal was released on a Promise to Appear.

Sgt. Quilley advised that on May 1, 2010, the Richmond RCMP received video footage from Richmond Cabs regarding the time of the alleged assault and no images showed an assault, therefore the file was concluded and charges were not recommended.

Incident #2 – Delta

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Mr. Atwal picked up two young women and a young man from the Buck and Ear Pub in Steveston;

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one of the young women sat in the front seat and the other two passengers sat in the backseat;

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the young man in the backseat lit a cigarette and Mr. Atwal objected and asked that the cigarette be extinguished;

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Mr. Atwal alleges that the young man refused to extinguish the cigarette and the passenger claims he was in the process of putting the cigarette out;

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Mr. Atwal pulled his taxi over and opened the passenger door;

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the passenger claims to have been pulled from his seat;

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the passengers allege that Mr. Atwal punched one of them in the mouth, and Mr. Atwal alleges that a passenger struck him in the head several times and damaged his radio microphone;

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the passengers paid $30 in fare and went on their way;

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Delta Police explained to Mr. Atwal that there was insufficient evidence to pursue charges against the passengers, and that he could very well be looking at charges himself for assault;

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Mr. Atwal went on his way.

In reply to queries of Council, Sgt. Quilley advised that (i) a Chauffeur’s Permit is valid for one year; and (ii) a passenger over sixteen years of age is responsible to ensure a seatbelt is worn.

Sgt. Quilley noted that Mr. Atwal was not charged with assault for either incident.

Discussion ensued and Council commented on Sgt. Quilley’s rationale for denying Mr. Atwal’s Chauffeur’s Permit. 

Sgt. Quilley stated that he denied Mr. Atwal’s Chauffeur’s Permit based on the fact that Mr. Atwal’s record shows two incidents of violence, directly related to passengers of his taxi.  Also, he commented that just because charges were not laid, it did not mean that an assault did not take place.

Mayor Brodie referred to correspondence found in a supplemental package submitted to Council (attached to and forming part of these Minutes as Schedule 1).  A letter addressed to Mr. Atwal dated March 17, 2011 from Constable Howden, Richmond RCMP, reads that the investigation related to the alleged assault that took place in March 2010 in Richmond was determined to be “unfounded [as police] cannot confirm nor deny that an assault took place.”

In response to comments and queries of Council, Sgt. Quilley provided the following information:

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he denied Mr. Atwal’s Chauffeur’s Permit based on the fact that Mr. Atwal’s record shows two incidents of violence, directly related to passengers of his taxi;

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the police files indicate that the passengers called the police in the Richmond incident and that both the passengers and a passer-by called the police in the Delta incident;

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Mr. Atwal claims to have radioed his dispatch for police assistance on both occasions; and

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he reviews approximately 400 to 500 Chauffeur’s Permit applications annually, and Mr. Atwal’s application was the first file he has come across where the driver of a taxi has allegedly been involved in altercations with his passengers.

Mayor Brodie referred to both police files and the series of events that allegedly took place, and commented that neither incident was serious enough to warrant charges.

Sgt. Quilley stated that when reviewing Chauffeur’s Permit applications, he errs on the side of protecting passengers as his utmost duty is to ensure that taxi users are safe and not subject to problems with their drivers.  Also, Sgt. Quilley advised that he issued Mr. Atwal a temporary Chauffeur’s Permit as the appeal process can be lengthy.

Kevin Filkow, Michaels & Filkow, Barristers and Solicitors, representing Mr. Atwal, requested that Council overturn the RCMP’s denial of a Chauffeur’s Permit and grant Mr. Atwal an appeal.

Mr. Filkow referenced section 36 of the Motor Vehicle Act, and underlined that the police may only suspend or cancel a permit if the applicant is found to be “unfit to act as a chauffeur.”  Mr. Filkow questioned the RCMP’s findings and queried how Mr. Atwal was found to be unfit to act as a chauffeur.

Mr. Filkow commented on Mr. Atwal’s personal background and noted that Mr. Atwal has been driving a taxi for Richmond Taxi since April 2004.  He stated that Mr. Atwal has no convictions, and not a single infraction on his driving abstract.  Also, he stated that the investigating police officers for both the Richmond and Delta incidents, did not put forward charges on Mr. Atwal.  The police files were closed with no real determination of the facts.

Mr. Filkow stated that Mr. Atwal was devastated to learn that he was denied his Chauffeur’s Permit as it would take away his livelihood.  Without his Chauffeur’s Permit, Mr. Atwal would not be able to generate an income, therefore significantly affecting his ability to support himself and his family. 

Mr. Filkow spoke of Mr. Atwal’s personal background and work history: 

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he was born on January 15, 1951;

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he has been a BC resident since 1972;

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he has been married for 32 years and has two children, a son and a daughter;

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he does not have a criminal record;

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his driving abstract is free from any infractions; and

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he is active in his community.

Mr. Filkow believed that the supplemental correspondence (Schedule 1) demonstrated Mr. Atwal’s positive background and credibility.  Mr. Filkow remarked that Mr. Atwal’s version of the events that took place in March 2010 and March 2011 are more compelling than those of the inebriated passengers and are consistent with Mr. Atwal’s character.

Mr. Filkow concluded by stating that the RCMP had not met their burden in demonstrating that Mr. Atwal was unfit to act as a chauffeur.

SP11/6-1

It was moved and seconded

That the Appeal be granted and that Mr. Parmjit Singh Atwal’s  Chauffeur’s Permit be reinstated.

The question on Resolution SP11/6-1 was not called as discussion ensued and Council members provided their rationale for granting the appeal.

The following was noted:

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the materials do not present a compelling finding that demonstrates that Mr. Atwal is unfit to act as a chauffeur;

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it appears that Mr. Atwal was equally victimized by the two incidents;

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Mr. Atwal’s version of events were presented as more credible than the versions presented by the passengers;

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if assaulted, a reasonable person would pursue assault charges;  the passengers who were allegedly struck by Mr. Atwal chose not to pursue assault charges;

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charges were not laid against Mr. Atwal as a result of either incident;

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a Richmond RCMP letter states that the March 2010 alleged assault was determined to be “unfounded [as police] cannot confirm nor deny that an assault took place”;

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although Mr. Atwal’s actions were unsuccessful in dealing with his passengers, they do not represent grounds to deny a chauffeur’s permit;

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two incidents do not constitute a pattern of violence; and

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Council could not rely on an assumption that two assaults had taken place when nothing has been proven or substantiated.

The question on Resolution SP11/6-1 was then called and it was CARRIED.

ADJOURNMENT

SP11/6-2

It was moved and seconded

That the meeting adjourn (4:57 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Special Meeting of the Council of the City of Richmond held on Tuesday, April 26, 2011.

_________________________________

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Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)