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SOMBA K'E/YELLOWKNIFE
City council denied an appeal by a wannabe cab driver for a chauffeur's permit Monday after it was revealed the applicant has convictions for trafficking drugs and robbery.

Kerry Penney: Laid out the city's case as to why Robert Desousa Matais was denied a chauffer's permit.

Councillors at a special council meeting heard that Robert Desousa Matais had applied for the permit Dec. 11 with the intent of becoming a part-time taxi cab driver.

The city's livery bylaw spells out how an applicant can attain a chauffeur's permit, which is required to operate a taxi cab in the city. The bylaw also includes how an applicant can be denied a permit.

"Anybody convicted under the Criminal Code of Canada in the offence of trafficking drugs or narcotics or an offence related to robbery is not eligible for a chauffeur's permit," said Kerry Penney, the city's manager of legal services. "As such his application was denied."

According to the city, Matais was convicted of robbery in 1996 and for trafficking in a controlled substance in 2006. Both convictions are grounds for an automatic denial of a permit. The bylaw, however, allows the applicant to appeal an administrator's decision to council within 21 days. Matais sent a letter arguing that he had served his debt to society and should be allowed to have a permit.

Matais did not speak publicly to council and declined to comment to the media.

"His arguments were fairly vague in general," said city councillor Phil Moon Son, adding he felt it wasn't council's responsibility to reverse administration's decisions based on what was in the bylaw.

Penney said during the meeting that if Matais provided either a pardon or could show his criminal record had been cleared, the city might approve a permit.

The livery bylaw was first created in 1992. However, city council in 2009 made some strong amendments, which included "a complete restriction on persons with convictions for sexual offences or violent crimes, rather than the five-year ban from the time of conviction." This includes robbery and trafficking, according to the bylaw.

"We had changed it from a five-year minimum to basically as a criteria and it was during that time that the public - and even all four taxi agencies - had talked about trying to make the city a safer and more welcoming place," said Coun. Bob Brooks. "The cab companies themselves wanted to make sure that their drivers were putting the best foot forward for the city."

Appeals to chauffeur's permit refusals are rare, according to Penney. The last time the city saw one was in 2011 when Ahmed Makaran tried to get council to overturn an administration decision to revoke his permit. Makaran, with his passengers still in the vehicle, attacked another cab driver with a tire iron while parked at a gas station in February 2010. The city subsequently took away his permit.

"I think this is only the second time in six years that we have had an appeal to council," said Penney.

"The last time council varied the decision, (the applicant was) denied their permit and then council changed it. Council said he could have his permit once he had finished his conditional sentence (house arrest and probation), which was in 2011."

Municipal enforcement division manager Doug Gillard confirmed that Makaran still has a chauffeur's permit. City Cabs Ltd. also confirmed this week that Makaran is back working with the company as a driver.

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