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INUVIK - Cabbie Frank Fulop couldn't conceal his smile after Mayor Derek Lindsay announced his decision to support abolishing a town bylaw that prevents people 70 years or older from getting a taxi licence.

In front of an audience of several local taxi drivers at Monday night's committee of the whole meeting, the mayor said he would introduce the amendment to councillors Feb. 26 regular meeting to be voted on.

Cab driver Sidney Bucina, 68, said the bylaw should never have been put in place. - Andrew Rankin/NNSL photos

Inuvik Drum had gone to press before the meeting, but Lindsay said he was confident councillors would support his motion.

Fulop, who wouldn't give his specific age but confirmed he's at least 70, said he was "very happy" with the mayor's decision. The taxi driver of more than 30 years wouldn't comment further, other than to say he wished councillors would have consulted him and his clean record before passing the bylaw in November 2007.

Lindsay's announcement came after Cafe Gallery owner Rob Cook presented an exhaustive six-page presentation to council which argued the bylaw was discriminatory and illegal and urged it be scrapped.

Cook took up Fulop's cause earlier this month when the senior cab driver had complained to him after being told by the town that his licence wouldn't be renewed next month.

As part of his presentation to council, Cook quoted supporting Transport Canada national traffic collision statistics as well section 15 of the Charter of Rights and Freedom, titled Equality Rights. It stipulates that Canadians cannot be discriminated against on the basis of age, among other things.

Cook said he was pleased with the mayor's change of mind.

"It's fantastic," he said. "No one's perfect; no council is perfect. I think they've come to their senses and it would have happened, I hope, sooner or later without my efforts."

It was the mayor's tie-breaking vote that led to council adopting the bylaw in 2007.

He said he based that decision on detailed evidence from the town's bylaw committee and on a legal opinion. Lindsay said he has had more than a year to reflect on that decision, adding he made up his mind to support scrapping the bylaw on Monday. He said he wasn't swayed by Cook's presentation.

"I had a long hard day of thinking about it," he said. "This was probably creating too much hardship, like on Frank whose livelihood depends on it.

"I think now, if their record is good or their health is good, I see no reason to take that (their licence) away from them. I'd like for them to continue to work as cab drivers in this community."

Caroline Wawzonek, a Yellowknife lawyer who specializing in human rights cases, said the town has the right to enact such a bylaw. But she said overarching laws, such as the Charter of Rights and Freedoms, state a group of people can't be denied a job based on age, but rather on "bonafide requirements," such as vision, for example.

"Certainly anyone who wants to get a taxi licence and is denied that based simply on the date of their birth may well want to bring an application either to the Human Rights Commision or the courts," she said.

Taxi driver Sidney Bucina, 68, attended Monday's meeting. He said he was prepared to bring the case to the courts if need be. Although relieved by the mayor's decision, he said he's not willing to let the issue die just yet.

"I think they should resign," said Bucina. "If they make a decision that's against our human rights than they will also make a wrong decision that will affect the community."