Syrian refugee takes licence fight to rights tribunal
Newcomer says waiting period in Ontario is discriminatory
All Syrian refugee Shyesh Al-Turki wanted was to get back behind the wheel.
With 15 years of driving experience behind him, Al-Turki was keen to get a job as a deliveryman or as an Uber or taxi driver after he and his family arrived in Canada in 2016. Four months after settling in Mississauga, the 40-year-old Aleppo native had passed his G1 exam, got a G2 licence and hoped to land a job so he could help support his family of 12 in their adopted country.
But Al-Turki soon found out he’d have to wait a full year before he could get a restriction-free full licence, unless he could provide the transportation ministry with “written authentication” of his Syrian licence — an impossible demand for someone from a war-torn country where there’s no longer a licensing agency to verify the document.
On Friday, Al-Turki will appear before the Human Rights Tribunal of Ontario to argue how the 12-month waiting period for a G2 licence-holder to graduate to a full licence and the requirement of written authentication discriminates against refugee drivers from war-torn countries where such documentation is out of reach.
“Changing this policy will help a lot of people find work. Driving is very important for so many refugees and it allows us to be productive,” said Al-Turki, who finally got his full licence in March.
Al-Turki, who fled the civil war in 2012 for Jordan, said because of the rules, he missed out on job opportunities here and the ability to “pay back the kind persons who greeted us with respect.”
“This is an issue well known in the refugee community but nothing has been done about it and the province does not recognize the idiosyncrasy of these refugees’ experience,” said Hassan Ahmad, Al-Turki’s lawyer.
“At no point are we saying refugees don’t have to take the driving test to show they are capable to drive. We do care about road safety.”
In Ontario, new drivers must complete a graduated licensing program, which begins with a written exam to obtain a G1 licence. To proceed to the G2, a driver must complete a year of supervised driving experience followed by a driving exam.
Another year of experience is required before the person is eligible for the full G licence exam unless previous driving experience is authenticated.
Ahmad said other provinces, including Alberta, Manitoba and British Columbia, only require documentary evidence regarding past driving experience when the foreign driver’s licence lacks information such as issue date, a photograph or date of birth.
The authentication requirement, he added, also contradicts previous government policy that allowed refugees from Kosovo to swear an affidavit to attest to their driving experience in their home country.
Al-Turki wants the tribunal to order the province to remove the requirement of written authentication of foreign driving experience for refugees and to allow candidates to use a certified French or English translation of their foreign licences as proof.
“Ontario should change this needless discriminatory policy that affects some of the most vulnerable members of our society,” said Samer Muscati, of the University of Toronto’s International Human Rights Program.