September 9, 2013 - Minutes (Special)

Time:

4:00 p.m.

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Linda Barnes
Councillor Derek Dang
Councillor Evelina Halsey-Brandt
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Corporate Officer – David Weber

Absent:

Councillor Chak Au

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 – aadil sipra
(File Ref. No.: 12-8275-02 ) (REDMS No. 3933474, 2910861)

Sergeant Rob Quilley, NCO i/c Traffic Services, Richmond RCMP, stated that Mr. Aadil Sipra’s application for a Chauffeur’s Permit was denied based on two factors: (i) he has received more than one Section 215 Motor Vehicle Act driver’s licence suspension in the past five years, and (ii) he has received seven hazardous moving violations in the past five years as scheduled in the Motor Vehicle Act.

Sgt. Quilley reviewed Mr. Sipra’s driving abstract and provided the following comments:

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Mr. Sipra has seven hazardous moving traffic violations;

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Mr. Sipra was recently prohibited from driving by the Superintendent of Motor Vehicles;

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Mr. Sipra has five negative police interactions over the past few years; and

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vehicles registered to Mr. Sipra have been observed by the RCMP in known drug locations.

Sgt. Quilley reviewed several incidents in which the RCMP has encountered Mr. Sipra, and noted the following information:

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in 2007, Mr. Sipra was a passenger in a vehicle of occupants that had been smoking marihuana;

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in 2008, Mr. Sipra was observed entering a known drug house and was subsequently subject to a traffic stop, during which an RCMP member detected the odour of marihuana; Mr. Sipra admitted to having smoked marihuana in the vehicle earlier that day;

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in 2009, Mr. Sipra was a passenger in a vehicle that had been observed conducting a suspected hand-to-hand drug transaction;

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in 2011, Mr. Sipra received his first 24-hour roadside suspension for admitting to having smoked marihuana prior to driving to a park, and continuing to smoke marihuana while at the park; and

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in 2012, Mr. Sipra received his second 24-hour roadside suspension while driving a Richmond Taxi; a Richmond RCMP member detected the odour of marihuana and subsequently administered a Standard Field Sobriety Test in which Mr. Sipra’s ability to operate a vehicle was found to be impaired by narcotics; also, a search of Mr. Sipra taxi resulted in the seizure of narcotics.

Sgt. Quilley concluded by stating that Mr. Sipra has demonstrated a pattern of substance abuse while operating a motor vehicle and therefore, Mr. Sipra’s application for a Chauffeur’s Permit was denied.

In reply to a query from Council, Sgt. Quilley suggested that a clean driving abstract of one year, at minimum, may assist Mr. Sipra in attaining a favourable outcome for a Chauffeur’s Permit application.

Aadil Sipra, applicant for a Chauffeur’s Permit appeared before Council and agreed that most of what Sgt. Quilley had stated was correct.  Mr. Sipra advised that the loss of his taxi licence has negatively affected him, and therefore, he contacted Sgt. Quilley pleading to reverse the denial of his Chauffeur’s Permit application but was advised that he may only appeal such a decision before Richmond City Council. 

Mr. Sipra stated that he has done a lot of things that he is not proud of, however he has learned from his mistakes and has changed for the better.  He stated that he has had a clean driving abstract for approximately eight months, and that he no longer associates with people who negatively influenced him.

Mr. Sipra requested that Council give him a second chance to prove himself as he is now a better person.

In reply to query from Council, Mr. Sipra stated that the suspension of his driving licence was following his second 24-hour roadside suspension.  Also, Mr. Sipra stated that he was willing to undergo drug testing in order to prove that he has not used narcotics.

SP13/5-1

It was moved and seconded

That the RCMP’s denial of a Chauffeur’s Permit to Mr. Aadil Sipra be upheld.

The question on Resolution SP13/5-1 was not called as discussion ensued and Council members provided their rationale in support of upholding the RCMP’s decision.

The following was noted regarding Mr. Sipra:

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Mr. Sipra has only had his licence for a few months since obtaining it after it was suspended by the Superintendent of Motor Vehicles; this short period of time does not adequately demonstrate a long enough record of good driving behaviours;

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Mr. Sipra’s second 24-hour roadside suspension was issued while he appeared to be under the influence of narcotics while operating a taxi in Richmond; and

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as a matter of public safety, Council cannot ethically grant an appeal to Mr. Sipra’s Chauffeur’s Permit application.

The question on Resolution SP13/5-1 was then called and it was CARRIED.

ADJOURNMENT

SP13/5-2

It was moved and seconded

That the meeting adjourn (4:20 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 Monday, September 9, 2013.

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Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)