Give police power to suspend drivers for medical reasons, Quebec coroner says

A Quebec coroner is recommending police be allowed to suspend a person's driving licence on the spot if they suspect a medical condition affects their ability to drive safely.

The recommendation is one of several to come out of a coroner's inquest into the 2018 death of Thomas Laframboise in Gatineau, Que.

The 89-year-old was struck by the driver of a car as he crossed Maclaren Road East in the Buckingham district of Gatineau on Dec. 1, 2018. Despite surviving the impact, he died four days later in hospital from complications during surgery.

In her report signed Nov. 23, 2020, coroner Pascale Boulay concluded that driver inattention was the primary cause of the collision, and that Gatineau police officers had on three occasions prior to the collision, formally reported concerns about the driver's ability to safely operate a vehicle.

The third time police stopped the driver was in September 2018, less than three months before the collision with Laframboise. Following that traffic stop, Gatineau police asked Quebec's automobile insurance board (SAAQ) to reassess the driver's medical condition and his driving behaviour.

However, the inquest heard how the SAAQ assessor only tested the driver's practical skills and did not include a medical test since it's currently not required as part of a reassessment.

Reached by Radio-Canada Wednesday, Boulay said she's calling on SAAQ to review how it reassesses a driver's cognitive skills.

"When [police] are questioning the ability to drive, there should be a medical examination and assessment...in order to determine if that person is alert and can respond to unpredictable events," said Boulay.

Police power not enacted

Boulay's report also recommends the province put into effect Article 202.5.1 of Quebec's Highway Safety Code which grants police the power to administer a cognitive test during a traffic stop if they suspect a driver presents a danger to themselves or other road users. 

Should the driver fail the roadside test, police could immediately suspend their licence on behalf of the SAAQ and the driver would have to pass a medical examination to get their licence back.

But while the article was added to the code in April 2018, Boulay's report points out the provincial government has yet to enact the powers.

"If [the article] had been enforced at the time, I believe the licence of the driver could have been suspended immediately," said Boulay.

Medical tests are possible, says insurance board

Mario Vaillancourt, a spokesperson for SAAQ, told Radio-Canada in French that every case is different and is treated on its own merits. He added that when a concern is raised to the SAAQ about a driver's aptitude, it can lead to a reassessment of the driver which may or may not include medical tests.

In April 2018, the jury at a coroner's inquest in Ontario recommended police be given the power to suspend someone's licence for 24 hours if they suspect a medical or physical condition is affecting their ability to drive.

That recommendation was made as part of the inquest into the death of a Sudbury, Ont., driver who crashed into a transport truck, even though there were concerns about his ability to drive and he had previously been stopped by police for driving erratically.