Court dismisses appeal of mandatory photo licences for Hutterites

CALGARY — The Alberta government says it will work with southern Alberta Hutterite colonies opposed to the province's photo driver's licence requirement to find a "sensitive" solution to the situation.

But the province isn't backing down from the mandatory photos and insists everyone must comply with the law — including the Hutterites in question, who have been fighting the photo requirement in court.

"I think we can move on and move forward," said Service Alberta Minister Heather Klimchuk.

On Thursday, the Supreme Court of Canada dismissed an application to rehear an appeal of its ruling that upheld the Alberta government's right to make photo licences mandatory for all drivers. As is customary, the court gave no reasons for the decision.

The application had been seen as one of the final legal avenues available to the Hutterian Brethren of Wilson Colony and Three Hills Hutterite Colony. The southern Alberta communities had been fighting the province's photo requirement for drivers' licences for years on religious grounds.

The Hutterites won a series of lower court rulings before the loss at the Supreme Court. In a 4-3 ruling in July, the Supreme Court sided with the Alberta government, reaffirming the need for the security feature.

Three Hills colony manager Sam Wurz said the Hutterites are mulling over the Supreme Court decision and are "still debating" their next move.

At one time, the colonies had considered leaving Alberta, but Wurz said they've decided that option isn't financially viable.

On Thursday, Klimchuk said her office is willing to sit down with the Hutterites now that the legal matter has been cleared up.

Several possible solutions exist. They include carrying the licences in a special pouch that would hide the photos from the Hutterites, but make them available if requested by authorities, she said. Interim photo-less licences granted to the Hutterites will expire by early 2010, she said.

"The transition will begin once those licences expire," Klimchuk said.

jkomarnicki@theherald.canwest.com