COMMUNITY AND PROTECTIVE SERVICES DEPARTMENT

SERVICES COMMUNAUTAIRES ET DE PROTECTION

BY-LAW SERVICES

SERVICE DES RÈGLEMENTS MUNICIPAUX

1. adverse conduct - taxi driver - najah abou-akrouche

COMPORTEMENT DEFAVORABLE - CHAFFEUR DE TAXI - NAJAH ABOU-AKROUCHE

ACS2008-CPS-BYL-0017

A/Chair Leadman advised that they were waiting for one other member of the License Committee to arrive but suggested that if all parties agreed, they could proceed with only two members present.

Stuart Huxley, Counsel for the Chief License Inspector indicated that while the Taxi By-law requires a quorum of three, Section 4.2.1 of the Statutory Powers Procedure Act (governing the procedural aspects of the License Committee) allows for the reduction of quorum where all parties consent. He advised that he was prepared to proceed with the two members. Dr. Karine Langley, agent for Michael A. Crystal, counsel for the licensee, confirmed that she was prepared to proceed for the purposes of requesting an adjournment.

Mr. Huxley indicated that he had advised Mr. Crystal that while he was not opposed to an adjournment, he recommended as an interim condition, that the license be suspended pending the related ongoing criminal matters before the court, which are proceeding on 3 July 2008. The Chief License Inspector has requested suspension for the following reasons:

· In July of 2006, (prior to becoming a taxi cab licensee), Mr. Abou-Akrouche had been charged by the Ottawa Police Service for three counts under the Criminal Code of Canada relating to an incident that occurred on or about 15 July 2006 wherein he did commit an assault on a female person (contrary to Section 266 of the Code); committed an assault on the same person with his vehicle (contrary to Section 267 of the Code); and operated a motor vehicle on a parking lot situated at 1200 St. Laurent Boulevard in a manner dangerous to the public (contrary to Section 249, Subsection 2 of the Code)

· There is an indictment dated 22 May 2007 in relation to Her Majesty the Queen against the driver, which sets out the three charges mentioned. This particular matter proceeded to the Superior Court of Justice at the Ottawa Court House before a judge and jury. On 6 March 2008, the jury found the licensee guilty on all three counts on the indictment. A pre-sentence report is being ordered and the matter is being adjourned until 3 July 2008 for sentence and submissions

· The licensee provided a sworn declaration dated 7 November 2007 to the City’s Licensing Branch upon an application for a taxi cab driver’s license, wherein he solemnly declared that he has no outstanding criminal charges or warrants pending before any court

The following documentation was entered as evidence:

Exhibit 1 - Certified True Copy of the Information (charging document) outlining the charges made against the licensee

Exhibit 2 - Indictment in relation to Her Majesty the Queen against Najah Abou-Akrouche dated 22 May 2007

Exhibit 3 - Sworn declaration by Najah Abou-Akrouche dated 7 November 2007 to the City of Ottawa’s Licensing Branch

Mr. Huxley explained that this particular hearing has been brought forward at the request of Susan Jones, the Chief License Inspector, upon her learning of the criminal proceedings through the media regarding the findings of guilt. According to Section 76 of the Taxi Cab By-law, the Chief License Inspector “may report to the License Committee any breaches by the licensee of this by-law with a request to consider the status of the license.” The aforementioned evidence is clear indication why she opposes any adjournment. Mr. Huxley added that the Inspector is prepared to allow a full hearing to occur at a later date, but for efficiency purposes suggested that not occur until after the criminal court proceedings.

Mr. Huxley further indicated that the License Committee has, in the past, found it adverse to the public interest to have licensed taxi cab drivers operate a cab while charges were pending in the criminal courts. While these counts predate when the licensee became a taxi cab driver, they relate to the representation he made in getting the license in November 2007.

He confirmed that the licensee was provided with notice of this hearing 14 days in advance and, notwithstanding the ability of his counsel to be in attendance, a full hearing could be held in the foreseeable future. He requested, therefore, that the license be suspended pending a further hearing of this Committee after 3 July 2008 and that the Chief License Inspector opposes the adjournment request.

Dr. Langley clarified that she has not been called to the Bar and is attending as agent for Mr. Crystal, who represents the licensee. She reported that Section 79(2) of By-law 2005-481 states that the applicant may be represented at the review hearing by counsel, et cetera and she stated that once Mr. Abou-Akrouche had been notified of this review hearing date, he did retain counsel. Unfortunately, Mr. Crystal is not able to attend the hearing today.

In light of the allegations and in light of the kienapple application which will happen on 3 July 2008, the result of which may be that the driving charges may be stayed against Mr. Abou-Akrouche, she submitted that he has a right to a full hearing and to be represented by counsel and as such, requested that the hearing be adjourned without penalty until after 3 July 2008 at which time, they would know what charges Mr. Abou-Akrouche is actually being sentenced on.

The Committee recessed to deliberate.

After hearing the Licensee’s submission for an adjournment and submissions on behalf of the Chief License Inspector and documentation presented to them, the Committee rendered the following interim decision:

Decision:

The License Committee unanimously approved the following:

That the License Committee uphold the recommendation of the Chief License Inspector to suspend the taxi license until the next hearing of the License Committee to be held after 3 July 2008 and that the Chief License Inspector oppose the adjournment request.

Dr. Langley inquired if the Committee would reconvene a brief hearing on Friday to argue that his license should not be suspended and the Acting Chair advised that the Committee’s decision is final.

ADJOURNMENT

LEVÉE DE LA SÉANCE

The Committee adjourned the meeting at 10:00 a.m.

Original signed by Original signed by

R. Nelson Councillor C. Leadman

Committee Coordinator A/Chair