Two charges laid against an Olds resident in regard to her mobility scooter were withdrawn by the Crown, on Oct. 3, one day before they were due to be heard in the Didsbury Court of Justice.
In June, Olds resident Jennifer Clarke, who has cerebral palsy, was charged with two offences under the Traffic Safety Act: driving a vehicle with no insurance and operating an unregistered motor vehicle/trailer.
The Albertan reached out to the Alberta Justice to find out why the charges were withdrawn.
“The Alberta Crown Prosecution Service withdrew these charges as there was no reasonable likelihood of conviction,” Michelle Davio with Alberta Justice wrote in an email.
A pdf obtained via the Highway Traffic Act website entitled Owning And Operating A Small Vehicle In Alberta says, “a mobility aid user is, by definition, considered a pedestrian. All rules that apply to pedestrians also apply to individuals operating a mobility aid.
“It is recommended that a mobility aid be operated on sidewalks or pathways, not a roadway.”
After the charges were dropped, the next day, Clarke took her mobility scooter out for a spin to and from Centennial Park.
During an interview with the Albertan, Clarke said she learned the news from her uncle who’s been working on the matter on her behalf.
“He likes to kid around with me. He phoned me and he’s like, ‘what are you doing?’
“And I was like, I’m watching some TV.’
“And he’s like, ‘want some good news? The charges have been dropped.’
“I started to cry,” she said.
Clarke said the fact the two charges were withdrawn is “awesome. It’s been a long, almost five months.”
When asked if she believes this is the end of the battle, Clarke said, “I hope so, I don’t know. We’ll see.
“I’m nervous. I’m apprehensive, but I’m happy. I’m hoping, with a little bit of time left while there’s no snow on the ground I can get out a little bit.
“I can get in the snow with my scooter, but I’ve missed almost five months of a little bit of spring and summer.”
Clarke said the laying of the charges “changed my life totally.”
“It’s taken away my independence, my freedom to come and go; whether to go to the park with my (two small) dogs or go get my groceries.”
Clarke said she can – and has in the past -- walked to do things like buy groceries, but said it’s difficult to carry groceries or other items home because, due to her condition; her hands can’t take it.
She said the loss of the independence she had when she could use her scooter has negatively affected her mental health.
“I felt in a sense I’m under house arrest, because I couldn’t get out and about and be around people,” Clarke said.
“You know, going over to the park with the dogs, you’re seeing people, you’re interacting with people and I’ve really missed that the last five months or so.”
After Clarke was charged, a petition was created to allow people with mobility aids to operate in town. She said that buoyed her spirits to some degree.
Clarke said she always tries to drive on the sidewalks as advised, but added that’s not always possible in some cases – for example, when hedges or bushes overhang sidewalks or when signs are placed on them.
In those cases, she is forced to go on the road until she can get back onto a clear sidewalk.
She pointed to an example down the street from her home.
“There’s no room, just down the street there. You can’t stay on the sidewalk,” she said, adding that solving that problem should be a priority for bylaw officers, rather than the mobility aid issue.
“I really think I’ve been intimidated by bylaw and it’s not a nice situation to be in. Or RCMP. Or even the Town (of Olds),” she said.
Clarke said when she was charged, she took her situation to Olds-Didsbury-Three-Hills MLA Nathan Cooper’s office to ask for help.
However, she said all that happened was that an assistant took down her name and number. She never received a call back.
Clarke said she emailed mayor Judy Dahl regarding her situation but again, said she never received a reply.
The Albertan reached out to Cooper and Dahl for comment, but did not hear back by press time.
Clarke reiterated a point she made during a previous interview – that years ago, a former bylaw officer spotted her with a previous mobility aid she owned.
“(He) said, ‘good for you, keep doing what you’re doing. I’m happy you have your independence.’”
Robert Fisher, another Olds resident, bought a Gio enclosed mobility scooter recently because he’s had mobility issues since suffering a work-related injury four years ago.
He too was told he’d be fined if he kept using it so he stopped doing so.
He was asked if he will now start operating it again.
He said he’s been awaiting the outcome of Clarke’s case and will likely wait further to see what happens from here before making a decision.
He’s concerned about how long that could take, though.
“I guess it's the transportation department's got to do something where they can legalize them on the street,” he said, “but that could take 10 years down the road to get the government to do anything.”
In an email, Brent Williams, the Town of Olds' chief administrative officer, was asked if, in light of the fact the charges were dropped against Clarke, bylaw officers will ticket people operating mobility aids in town now.
“Bylaw officers didn’t issue any tickets, the RCMP did,” he wrote.
During an earlier interview on the matter, Williams said the said the municipality is following the rules as laid out in the Highway Traffic Act.
He said then that the municipality had asked for “clarity” from the provincial government on the law, noting there are various kinds of mobility aids.
Williams was asked if the Town of Olds has since obtained that clarity.
“No, the province hasn’t provided any guidance on this issue,” he replied.