Yellowknife (Sep 27/06) - A taxi driver convicted of assaulting a co-worker says the city's authority to take away his chauffeur's licence because of his criminal record is discriminatory.

Mohammed Mohamoud Ahmed was convicted in mid-2005 of two counts of assault with a weapon - a stun gun and a knife - and one count of uttering threats in connection with a Jan. 18, 2005 incident.

Early this year, Ahmed successfully appealed one of the assault convictions, when the NWT Supreme Court ruled there was no evidence he had a stun gun during the incident. One assault charge was stayed, although the conviction and sentence on the other two charges were upheld.

Ahmed filed a court challenge of the city's decision to cancel his chauffeur's licence in August 2005, saying the decision forced him to quit his taxi job.

The case is set to go before the NWT Supreme Court Thursday.

Before going to court, he unsuccessfully challenged a city council decision to revoke his licence.

"I usually made about $1,000 a week before expenses. I cannot make this kind of money in another job because I don't have other job experience," he said.

Sentenced to serve three months in jail on the weekends, Ahmed said he was fired from two other, lower paying, jobs when his employers found out he wasn't available to work from Friday evening to Monday morning.

The original court challenge was tied to the fact the city revoked his licence even though the convictions were under appeal. Ahmed's lawyer, Margo Nightingale, said Monday that the issue now is whether the city has the authority to refuse him a chauffeur's licence.

"He is in court Thursday to challenge the bylaw," said Nightingale.

Ahmed is claiming, in part, that bylaw governing taxi drivers is discriminatory when compared to provisions in the business licence bylaw for other business licensees. It also claims council's original decision to revoke his permit came before the expiry of the time he had to appeal his convictions.

The city made its decision under Section 15 (2) of the Livery-Licence By-law No. 3653, which states:

"No permit or renewal thereof shall be issued to any person who: has been convicted under the Criminal Code of Canada, Food or Drug Act or Narcotic Control Act..."

Section 20 states that a permit holder can have their licence revoked if he or she is convicted of any offenses listed in Section 15.

Minutes from a 2005 council meeting at which Ahmed appeals the decision to revoke his licence state: "That, in the best interest of public safety, the decision of the senior administrative officer to revoke the chauffeur's permit of Mr. Mohammed Ahmed be upheld."