On April 14, 2020, the Court of Quebec issued a unique judgment regarding granting a restricted driving permit amid a health emergency crisis.
In the case of McKenzie v. Société de l’assurance automobile du Québec, the defendant, Mr. McKenzie, is requesting a restricted license that would allow him to drive for work purposes. He argues that, given the lack of public transit and the reluctance to carpool during the pandemic, his job is at risk. The Société de l’assurance automobile du Québec contends that the plaintiff does not meet the criteria specified in section 121 of the Highway Safety Code.
Judge Kennedy references section 118 of the Highway Safety Code, which allows for the issuance of a restricted license if the person can prove to the judge that driving a motor vehicle is essential for their employment and livelihood. Given the extraordinary circumstances of the ongoing health crisis, the defendant has established the necessity of having this permit to commute to and from work.
In this regard, the circumstances of this case distinguish it from previous decisions where applications for a restricted license were denied based on reasons akin to Mr. McKenzie’s. Consequently, Judge Kennedy partially approves the defendant’s plea and grants him a restricted license. However, this permit is limited to the duration of the health emergency, allowing Mr. McKenzie to commute to and from work using a motor vehicle.
What to do if you receive a notice of suspension of your driver's licence
As soon as you receive a letter from the SAAQ stating that your license will be suspended following the accumulation of demerit points, contact us immediately to obtain a restricted license before the start of your suspension. Our traffic ticket lawyers will be able to assess your file and tell you if you meet the eligibility criteria for this application.