Limo driver facing sexual assault allegations highlights safety challenges for licensors

When taxi and limousine passengers catch a ride at the end of the night, many assume their driver will get them home safe — but three women in Metro Vancouver who allege they were sexually assaulted say that wasn't the case for them.

The allegations are detailed in court documents filed as part of a civil forfeiture case against limo driver Sukhwinder Bassarpuri, who briefly appeared in provincial court last week.

Bassarpuri has never been charged or convicted of a crime. Court documents from the civil forfeiture case indicate he's the suspect in two ongoing sexual assault investigations stemming from incidents that took place in 2017 and 2018. 

One woman alleges Bassarpuri sexually assaulted her as early as 2013. Vancouver police recommended charges, but the Crown didn't approve them. A year after that incident, according to the documents, Bassarpuri acquired a chauffeur's permit from the City of Vancouver. 

The case highlights how authorities that govern taxi and limo drivers balance the rights of a person never charged or convicted of a crime with the safety of potentially vulnerable passengers — a significant issue given that British Columbia has paved the way for ride-hailing services like Uber to start operating in the province sometime this year.

Experts like Simon Fraser criminologist Maaike Helmus say employers and regulators can take allegations into account when they're evaluating risk to passenger safety. 

"The best predictor of future behavior is past behavior," Helmus said. "The legal thresholds aren't necessarily applicable."

Different approaches in Canada

Across Canada, local authorities have taken different approaches to drivers facing sexual assault allegations.

In Toronto last November, the city's licensing tribunal allowed a driver to remain on the road, with restrictions, even though he's facing a slew of criminal charges that include sexual assault.

This month in Halifax, a taxi driver's licence was suspended as soon as he was charged. In Saskatoon, police put restrictions on a taxi driver's licence after he was arrested. 

In Vancouver, like most municipalities in the region, taxi and limo drivers must have a valid chauffeur's permit issued by local police.

Sexual offence convictions automatically disqualify drivers for a permit. A Surrey RCMP spokesperson said drivers are deemed to work with vulnerable people so they're subject to in-depth police checks that include all police interactions.

Vancouver police wouldn't comment on Bassarpuri's case, citing privacy concerns. A spokesperson said the VPD can issue a chauffeur's permit with a warning and revoke it if there are any new allegations.

He also indicated that Bassarpuri didn't obtain another Vancouver chauffeur's permit after his expired in 2016.

Court documents from the civil forfeiture case show that Bassarpuri was driving without a chauffeur's permit when he was arrested for the latest sexual assault allegations in September 2018. And when he went to Surrey to apply for one shortly after that incident, RCMP denied his request.

Balancing act

Employment lawyer Bob Yeager says past allegations aren't generally enough to keep someone from getting or keeping a job — but that depends on the industry and type of employment.

Yeager says employers generally have an obligation to fairly investigate allegations on a balance of probabilities. 

"They have an obligation to look into the situation honestly, diligently, quickly, thoroughly, and objectively and then come to a reasonable conclusion about it," he said. 

If the allegations are severe and are related to the job, Yeager says it could be appropriate for a company to temporarily suspend an employee from work until an investigation is concluded. 

Yeager and Helmus point out that the legal threshold to bar someone from employment is lower than convicting someone of a criminal offence which is based on guilt beyond a reasonable doubt.  

"It's balancing wanting to give people the benefit of the doubt versus what risk you're willing to tolerate," Helmus said. 

Helmus says research shows that a person accused of sexual assault, but never charged or convicted, is statistically more likely to reoffend than someone who was. 

New rules on the way

In British Columbia, the province says it's working on safety rules for ride-hailing drivers expected to hit the road later this year.

Both Lyft and Uber say their drivers must submit criminal record checks before they can work and they're checked annually after that. They also say serious allegations from customers could result in an immediate suspension. 

The province says safety rules will include criminal record checks.