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2. TAXIS – REPORT ON
THE JURY RECOMMENDATIONS ARISING OUT OF THE CORONER’S INQUEST INTO THE DEATH
OF SARAH MCCARTHY – RECOMMENDED AMENDMENTS TO TAXI BY-LAW taxiS – rapport sur les recommandations du
jury découlant de l'enquête du coroner à propos du décès de SARAH
MCCARTHY – modifications recommandées au Règlement sur les services de
taxi |
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council approve amendments to
Taxi By-law Number 2005-481, as detailed in Document 1, as amended below,
to address the recommendations presented by the Coroner’s Jury into the
accidental death of Sarah McCarthy (November 27, 2005), to take effect as
specified in Document 1:
1. Be it resolved that refresher courses be conducted by the
union according to the content and evaluation regime prescribed by the Chief
License Inspector and that the Chief License Inspector report back to the
Community and Protective Services Committee on the matter as required.
2. Be it resolved that Recommendations 4, 5 and 6 of Document 1 be amended to require that the GPS requirement apply to Accessible Taxicabs only; and,
Be it further resolved that staff be directed
to report back in January 2009 to the Community and Protective Services
Committee and Council with recommendations to amend the Taxi By-law to require
GPS in all standard taxicabs if the industry has failed to do so by December
31, 2008.
Recommandations
modifiÉEs du comité
Que le Conseil
municipal approuve les modifications au Règlement no 2005-481
sur les taxis présentées dans le Document 1 et amendées comme suit, en
réponse aux recommandations formulées par le jury du coroner à la suite du
décès accidentel de Sarah McCarthy (le 27 novembre 2005), lesquelles
modifications doivent entrer en vigueur tel qu’énoncé dans le Document 1.
1. Il est résolu que des cours d’appoint
soient donnés par le syndicat conformément au contenu et au mode d’évaluation
prescrits par l’inspecteur en chef des permis, et que ce dernier fasse rapport
sur la question au Comité des services communautaires et de protection, comme
il se doit.
2. Il est résolu que les
recommandations 4, 5 et 6 du Document 1 soient modifiées de manière à ce que
l’exigence relative à la liaison au système mondial de localisation ne
s’applique qu’aux taxis accessibles;
Il est en outre résolu que le personnel reçoive instruction de faire rapport au Comité des services communautaires et de protection et au Conseil en janvier 2009, et présente des recommandations en vue de modifier le Règlement sur les taxis afin d’exiger que tous les taxis ordinaires soient reliés au système mondial de localisation si l’industrie omet d’assurer cette liaison d’ici au 31 décembre 2008.
DOCUMENTATION
1.
Deputy
City Manager report dated 25 June 2007 (ACS2007-CPS-BYL-0025).
2.
Extract of Draft Minute13, 05
July 2007 to be reflected in the Draft Minute for Item 1 in this report,
which will be distributed prior to Council.
Report to/Rapport au :
Community and
Protective Services Committee
June 25, 2007 / le 25 juin
2007
Submitted by/Soumis
par : Steve Kanellakos
Deputy City
Manager/Directeur municipal adjoint,
Community and Protective
Services/ Services communautaires et de protection
Contact Person/Personne
ressource ; Susan Jones, Director
By-law and Regulatory
Services/Service des reglements municipaux
(613) 580-2424
x25536, susan.jones@ottawa.ca
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Ref N°:
ACS2007-CPS-BYL-0025 |
SUBJECT: TAXIS – REPORT ON THE JURY RECOMMENDATIONS
ARISING OUT OF THE CORONER’S INQUEST INTO THE DEATH OF SARAH MCCARTHY –
RECOMMENDED AMENDMENTS TO TAXI BY-LAW
OBJET : taxiS – rapport sur les recommandations du jury découlant de
l'enquête du coroner à propos du décès de SARAH MCCARTHY – modifications
recommandées au Règlement sur les services de taxi
That the Community and Protective Services Committee recommend that
Council approve amendments to Taxi By-law Number 2005-481, as detailed in
Document 1, to address the recommendations presented by the Coroner’s Jury into
the accidental death of Sarah McCarthy (November 27, 2005), to take effect as
specified in Document 1.
Que le Comité des services communautaires et de protection recommande au Conseil municipal d’approuver les modifications au Règlement no 2005-481 sur les services de taxi présentées dans le Document 1, en réponse aux recommandations formulées par le jury du coroner à la suite du décès par accident de Sarah McCarthy (le 27 novembre 2005). Le Document 1 apporte des précisions sur la mise en application de ces modifications.
On November 27, 2005, Sarah McCarthy accidentally
became entangled underneath a minivan taxicab and was dragged underneath the
vehicle. A Coroner’s Inquest into the
tragic death of Ms. McCarthy was held during the month of April 2007. Dr. Ian McCallum presided over the Inquest
and several parties, each represented by Legal Counsel, participated in the
Inquest, including the Sarah McCarthy family, Mr. Youssef Jaber (the taxicab
driver), Westway Taxi (the taxicab broker), the Ottawa Police Service, and the
City of Ottawa (Chief License Inspector).
At the conclusion of the inquest, the five-member jury
reached a verdict into the circumstances surrounding the death of Ms. McCarthy,
which included the cause of death and the means of the cause of death. The Coroner’s Jury also made six
recommendations, four of which are directed towards the City of Ottawa
regarding enhancing taxicab safety and are outlined in this report. The Community and Protective Services
Department has reviewed the Jury’s recommendations, which address issues such
as roof sign illumination, public education, enhanced driver training, and
safety equipment (i.e. global positioning system, security camera, silent
distress flasher and rear sensor system), and supports their
implementation. A number of amendments
to the Taxi By-law are proposed to give effect to the Jury’s recommendations.
A notice appeared in the local dailies on two
occasions notifying the public of the availability of the report and inviting
comment. A similar notice was forwarded
to taxi brokers, accessible taxi plate owners and taxi drivers. Staff also met with accessible taxicab
users; the various taxi industry representatives; OC Transpo; the Accessibility
Advisory Committee; and the Taxi Advisory Committee. There was either general agreement with a number of the
recommendations or complete support of them from the various groups/individuals
consulted, with the exception of the Taxi Advisory Committee which rejected
without discussion all of the recommendations.
There are no direct financial implications
associated with the recommendations.
Le 27 novembre
2005, Sarah McCarthy s’est retrouvée accidentellement coincée sous une mini‑fourgonnette
de taxi et a été traînée sur la route par ledit véhicule. Une enquête du
coroner sur la mort tragique de Mme McCarthy a été effectuée en
avril 2007 sous la présidence du Dr Ian McCallum et avec le
concours de plusieurs parties, chacune étant représentée par un avocat, y
compris la famille de Sarah McCarthy, M. Youssef Jaber (le chauffeur de
taxi), Westway Taxi (le concessionnaire de taxi), le Service de police et la
Ville d'Ottawa (l’inspecteur en chef des permis).
Au terme de
l’enquête, le jury, composé de cinq personnes, a prononcé son verdict sur les
circonstances entourant le décès de Mme McCarthy, dont la cause
du décès et les faits qui l’ont engendrée. Le jury du coroner a également
formulé six recommandations, dont quatre concernant l’accroissement de la
sécurité des voitures de taxi s’adressent à la Ville d’Ottawa et sont énoncées
dans le présent rapport. Services communautaires et de protection a pris
connaissance des recommandations du jury et en appuie l’application. Ces
recommandations concernent certains problèmes comme l’illumination des
lumineux-taxi, la sensibilisation du public, l’amélioration de la formation des
chauffeurs et l’utilisation d’un équipement sécuritaire (c’est‑à‑dire
une liaison au système mondial de localisation, des caméras de sécurité, un
clignotant silencieux de détresse et un système de capteurs à l’arrière du
véhicule). Le présent rapport propose un certain nombre de modifications au
Règlement sur les services de taxi qui mettent en application les
recommandations formulées par le jury.
À deux occasions distinctes, un avis informant le public de la disponibilité du rapport et invitant les résidents à émettre leurs commentaires a paru dans les quotidiens locaux. Un avis semblable a été envoyé aux concessionnaires de taxi ainsi qu’aux propriétaires d’une plaque d’immatriculation de taxi et aux chauffeurs de taxi accessibles. En outre, le personnel a rencontré les usagers des services de taxi accessibles, divers représentants de l'industrie du taxi et d’OC Transpo, de même que les membres du Comité consultatif sur l'accessibilité et du Comité consultatif sur les taxis. Les différents groupes et particuliers consultés étaient d’accord avec un certain nombre de modifications ou en appuyaient la totalité, à l’exception du Comité consultatif sur les taxis, qui a rejeté toutes les modifications sans autre forme de procès.
Les recommandations susmentionnées n’ont aucune répercussion financière.
At the May 3, 2007 meeting of the Community and
Protective Services Committee, the Director of By-law and Regulatory Services
provided an update and preliminary report to Committee on the recommendations
made by the Coroner’s Jury into the death of Sarah McCarthy. Staff has now had the opportunity to further
review the recommendations made by the Coroner’s Jury on April 27th,
2007 and reports back to Committee.
On November 27, 2005, 25-year-old Sarah McCarthy,
along with her uncle and her fiancé had left a restaurant/bar located in the
Kanata Centrum shopping plaza and were walking in a nearby parking lot. One or more of the three pedestrians sought
to flag down a taxicab that was passing by.
An altercation between one or more of the pedestrians and the taxicab
driver occurred. At some point, and
somehow, Ms. McCarthy accidentally became entangled underneath the minivan
taxicab and was dragged underneath the vehicle as the taxicab exited the
parking lot and entered upon Highway 417 eastbound. A Coroner’s Inquest into the tragic death of Ms. McCarthy was
held for several days during the month of April 2007. Dr. Ian McCallum presided over the Inquest on behalf of the
Coroner for Ontario. Several parties
obtained standing from the Coroner in order to participate in the Inquest. These parties were each represented by legal
counsel and included, the Sarah McCarthy family, Mr. Youssef Jaber (the taxicab
driver), Westway Taxi (the taxicab broker), the Ottawa Police Service, and the
City of Ottawa (Chief License Inspector).
The Coroner’s Act sets out that the purpose of
an inquest is for a jury to inquire into the circumstances of the death and to
determine who the deceased was; how the deceased came to her death; when the
deceased came to her death; where the deceased came to her death; and, by what
means the deceased came to her death.
At the conclusion of the inquest, the five-member jury
reached a verdict into the circumstances surrounding the death of Sarah
McCarthy and answered the five questions as follows:
1.
Who the deceased
was? Verdict: Sarah McCarthy
2.
Date and time of
Death? Verdict: November 27, 2005 at
approximately 2:40 a.m.
3.
Place of Death? Verdict: Highway 417, eastbound lanes near
the pedestrian overpass before Eagleson Road Exit
4.
Cause of Death: Verdict: Multiple severe injuries including
compound skull and extremity fractures and cerebral and brain stem lacerations.
5.
By what means was the
cause of death: Verdict: Accident
In addition to an inquiry into the circumstances of
the death, a further important function of a jury is the ability to make
recommendations directed to the avoidance of death in similar circumstances or
respecting any matter arising out of the inquest. The Sarah McCarthy inquest also included a focus on public
safety. The Coroner’s Jury made six
recommendations. Four of the recommendations are directed towards the City of
Ottawa regarding enhancing taxicab safety; one recommendation is directed at
the Province of Ontario regarding alcohol awareness and enforcement; and one
recommendation is directed at the Ottawa Police Service regarding photographic
evidence gathering.
Section 150 of the Municipal Act, 2001 empowers
municipalities to license and regulate businesses including taxi service. On September 28, 2005, the harmonized Taxi
By-law (Number 2005-481) was approved by Council, and came in effect on January
1, 2006. At the time of Ms. McCarthy’s death, former municipal taxi by-laws
remained in effect and regulated the taxi industry in Ottawa. This report addresses the Coroner’s Jury
recommendations directed at the Chief Licence Inspector and City Council and
that require amendments to the Taxi By-law to implement.
The Community and Protective Services Department has
reviewed the Jury’s recommendations and supports their implementation. For discussion purposes, the Jury’s
recommendations are presented below along with the rationale as provided by the
Coroner’s Jury. Departmental comments
are also provided.
Jury Recommendation 1 (Roof Sign Illumination and
Public Education)
1. That the Chief Licence Inspector of the City of
Ottawa and City Council clarify a By-law relating to taxicab roof signs and
when the light should be extinguished.
This information should be communicated to the public.
Jury’s Rationale:
Existing By-law is confusing and should specify the signs should be off
when the taxi is dispatched.
Departmental Comment
The existing Taxi By-law requires roof signs to be
illuminated one-half hour before sunset until one-half hour after sunrise. The roof sign must be connected to the
taximeter in a manner that ensures the roof sign is automatically extinguished
when the taximeter is engaged and illuminated when the taxicab is available for
hire.
A taxicab with an illuminated roof sign may not
necessarily be available for service.
Individuals looking for a taxicab may try to hail a taxicab that has its
roof sign illuminated. Individuals who
hail such taxicabs expect service although the taxicab may be en route to a
pre-arranged or dispatched fare. Individuals not aware that the taxicab is not
available for service and which does not stop when hailed may become
dissatisfied with the level of service provided by the taxi industry.
The recommendation seeks to reduce potential
dissatisfaction by requiring the roof light to be extinguished when a taxicab
is engaged for hire, en route to a pre-arranged or dispatched fare, or
otherwise unavailable for service.
The foregoing information will be disseminated to the
public through the City’s website and other appropriate advertising mechanisms.
Jury Recommendation 2 (Enhanced Driver Training)
2. That the Chief Licence Inspector and the City
Council initiate a By-law requirement that all licensed taxi drivers be
provided ongoing education in the areas of customer service, conflict
management, and interactions with intoxicated customers. This should include a more formal role
involving the Ottawa Police Service.
Jury’s Rationale:
Evidence provided indicates this education initiative has been a
successful program for public safety.
Departmental Comment
The current Taxi By-law requires all taxicab drivers
successfully complete numerous training modules provided by Algonquin
College. The course outline includes “customer
service” and “dealing with difficult people”. In light of the Coroner’s Jury recommendation, Community and
Protective Services will work with the course provider to review and modify the
training program to specifically address the need for training related to
“conflict management” and “interactions with intoxicated customers” and will
recommend that the Ottawa Police Service be approached to offer its expertise
in such training as appropriate.
The Community and Protective Services Department sees
an important opportunity in having Ottawa Police Officers address taxicab
drivers directly at the training stage.
The positive exposure between front line Police Officers and taxicab
drivers will be a benefit at identifying and exploring driver, passenger, and
pubic safety issues.
The proposed recommendation also requires that,
effective during the 2010 licence renewal period, all licensed taxicab drivers
successfully complete a professional development course every two (2) years as
a condition of the renewal of their licence to operate a standard taxicab or
accessible taxicab. Such course should
include education in the areas of customer service, conflict management, and
interactions with intoxicated customers.
Jury Recommendation 3(A) (Safety Equipment - Global
Positioning System)
3(A) That the Chief Licence Inspector and City Council
implement a By-law requirement that all taxicabs have a monitored global
positioning system with an emergency call button.
Jury’s Rationale: The enhancement of driver safety.
Departmental Comment
Section 48 of the Taxi By-law currently requires that
by March 1, 2008 (Section 103(3)) every accessible taxicab be equipped with a
Global Positioning System that is approved by the Chief Licence Inspector. It is recommended that the requirement for
an emergency call button be added to the required specifications.
Although not activated, many of the licensed
accessible taxicabs and standard taxicabs are already equipped with a global
positioning system that can be monitored by the taxi broker. A global
positioning system will assist taxicab drivers and brokers in identifying the
location of a taxicab with greater specificity. This technology will assist
taxicabs in their route decisions when picking up passengers and in their trip
destinations. It will also enhance
directing assistance, including emergency assistance to a taxicab.
It is recommended that the By-law be amended to
prohibit any taxicab driver from operating a standard taxicab or an accessible
taxicab unless the prescribed security camera, global positioning system,
distress flasher, rear sensor (as applicable) are installed and fully
operational.
The proposed recommendation requires that
all licensed taxicab plate holders ensure that the prescribed GPS be installed
and fully functioning by October 1, 2008 in all standard taxicabs. The recommendation further prohibits a
taxicab driver to operate a taxicab that is not equipped with a fully
functioning GPS.
Jury Recommendation 3(B) (Safety Equipment - Security
Camera)
3(B) Implement a By-law that all taxicabs are equipped
with cameras using “real time” video and audio recording when emergency call
button is pressed. That the Chief Licence Inspector and City Council implement
a By-law requirement that all taxicabs have a monitored global positioning
system with an emergency call button.
Jury’s Rationale: The enhancement of driver safety.
Departmental Comment
Clauses (10) and (11) of Section 26, and Section 37 of
the current Taxi By-law require that, by March 1, 2008 (Section 103(3)), all
taxicabs be equipped with a camera system approved by the Chief Licence
Inspector. The specifications of the
required camera system are under development and will incorporate, as
appropriate, the Jury’s recommendations with respect to the camera system
recording “real time” video and audio streams upon activation of an emergency
call button.
Jury Recommendation 3(C) (Safety Equipment – Silent
Distress Flasher)
3(C) Evaluate the installation of silent rear flasher
“call police” alert on all taxicabs.
Jury’s Rationale: Evidence indicates such measures are
successful deterrents.
Departmental Comment
The Department has reviewed the benefits associated
with the use of a silent rear flasher that visually calls upon those seeing the
flasher to telephone the police and recommends implementation by October 1,
2009. There was some concern that a
“flasher” activated in a deserted area could result in further aggression
toward the taxi driver. There was also
concern, as has happened in other jurisdictions, that the “flasher” may sometimes
be tripped accidentally, unnecessarily burdening police resources. With proper training and with the passage of
time however, such false calls are expected to decrease significantly.
The flashing silent light will alert bystanders to
call Police and would be activated using the same emergency button that
activates the security camera and GPS emergency call button, similar to that
which is in place in the cities of New York and Toronto.
Jury Recommendation 4 (Safety Equipment – Rear Sensor
System)
4. Implement a
by-law whereby all taxi “vans” are to have rear sensor systems installed.
Jury’s Rationale: For the added safety of pedestrians.
Departmental Comment
The recommendation proposes that all accessible taxi
plate holders and all standard taxi plate holders who use a van or van like
vehicle for their taxicab be required to install a rear sensor that can detect
a person or object located behind the vehicle and which is designed to alert
the driver of the danger when backing up.
It is recommended that, effective October 1, 2007, a
by-law amendment place the responsibility on the licensed taxi plate holder to
provide the rear sensor but, the by-law will also prohibit taxi drivers from
driving an accessible or standard taxicab van or van-like taxicab that is not
equipped with a fully operational rear sensor system. The requirement will apply to all replacement vehicles.
A notice appeared in the Ottawa Citizen, the
Ottawa Sun and Le Droit on June 15 and 22, 2007 notifying the public of the
availability of the report and recommendations, and inviting the public to
present their comments, support or objections in writing before June 25, 2007
or in person at the Community and Protective Services Committee considering the
recommendations. A similar notice was
forwarded to taxi brokers, accessible taxi plate owners and taxi drivers in the
week of June 11, 2007.
As well, staff met with accessible taxicab
users; taxi industry representatives (brokers, plate holders, drivers and union
representatives); OC Transpo; the Accessibility Advisory Committee; and the
Taxi Advisory Committee.
There was general agreement from taxi industry
representatives with a number of the recommendations and comments from the
industry were considered, and in some cases, incorporated into the
recommendations. OC Transpo concurred
with the recommendations. At its
meeting of June 20, 2007, the Accessibility Advisory Committee unanimously
supported the recommended amendments to the Taxi By-law.
At its meeting of June 14, 2007, the Taxi
Advisory Committee (TAC), through a motion put forward by TAC member and
President of the Canadian Auto Workers (taxi union), rejected without
discussion all of the recommendations outlined in the report.
There are no direct financial implications
associated with the recommendations.
Document 1 – Proposed Amendments to Taxi By-law
No. 2005-481 (as amended)
By-law
and Regulatory Services, in conjunction with Legal Services, to process the
amending by-law to Council for enactment.
By-law and Regulatory Services to notify the stakeholders accordingly.
DOCUMENT 1
PROPOSED AMENDMENTS TO TAXI BY-LAW NO. 2005-481 (as
amended)
1.
Provide for the
necessary administrative amendments, including but not limited to the addition
of definitions, to accommodate and give full effect to the amendments outlined
below.
2.
Require that, commencing
October 1, 2007, licensed standard taxicab drivers and licensed accessible
taxicab drivers, while engaged in the provision of taxicab service, ensure that
the illumination in the roof sign is immediately extinguished upon the taxicab
being engaged for service, en route to a pre-arranged appointment or dispatched
fare, or otherwise not available for service rather than just when the meter is
engaged.
3.
Require that, commencing
during the 2010 licence renewal period and every second year thereafter, as a
condition of the renewal of standard taxicab driver and accessible taxicab
driver licences, the licensed driver provide a certificate attesting that he or
she has successfully completed the prescribed “professional development
course”, such course to include but, not be limited to conflict management and
interactions with intoxicated customers.
4.
Require the plate holder
to ensure that his or her standard taxicabs or accessible taxicabs be equipped
with a fully functional:
a)
security camera system
as approved by the Chief License Inspector to take effect March 1, 2008 for all
taxicabs
b)
Global Positioning System
that is monitored by a taxi broker and equipped with an emergency call button,
to take effect March 1, 2008 for Accessible Taxicabs and October 1, 2009 for
standard taxicabs
c)
distress button and
“alert police 911” flasher to take effect October 1, 2009 for all taxicabs
d)
rear sensor on van-like
taxicabs that is capable of detecting a person or object located behind the
vehicle and is designed to alert the driver of the danger when backing up the
vehicle, to take effect October 1, 2007 for all replacement van-like taxicabs.
5.
Prohibit, effective on
the date the security systems are to be installed, all taxicab drivers from
operating any taxicab unless the taxicab is equipped with a fully functional:
a)
security camera system
as approved by the Chief License Inspector
b)
Global Positioning
System that is monitored by a taxi broker and equipped with an emergency call
button
c)
distress button and
“alert police 911” flasher
d)
rear sensor on van-like
taxicabs that is capable of detecting a person or object located behind the
vehicle and is designed to alert the driver of the danger when backing up the
vehicle.
6.
Require that all taxicab
brokers ensure that all equipment and systems related to the monitoring of
taxicabs’ global positioning systems is fully operational at all times and that
such equipment shall:
a)
Be connected to the
meter and be capable of tracking and locating the geographic location of every
standard taxicab and accessible taxicab at all times the vehicle is in service
b)
Be able to track and
record the arrival time at pick-up site, arrival time at destination, trip time
and route
c)
Be capable of receiving
a distress call from taxicabs upon activation of the in-vehicle emergency
button.