What is the test for discrimination against a physically disabled person in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights), 1997 CanLII 3170 (BC CA):
32. There are two kinds of discrimination: direct and indirect, or adverse impact discrimination. This is a case of direct discrimination because the impugned standard denies driving privileges to a class of physically disabled persons. With direct discrimination, the activity is unlawful unless justified under a statutory defence. With indirect discrimination resulting from a rule which is neutral on its face but has a discriminatory effect, the issue is individual accommodation of the person affected: Central Alberta Dairy Pool v. Alberta (Human Rights Commission), 1990 CanLII 76 (SCC), [1990] 2 S.C.R. 489 at 506-7.
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