John Ivison reports on his surreal experience as a witness before the Alcohol and Gaming Commission of Ontario:
Posted by Nicholas at January 10, 2009 06:31 PMIn the D'Arcy's case, the prosecuting lawyer cited the Post article, in which I had described members of our band as being "moist and garrulous" , if not quite "tired and emotional", as an admission that we were all intoxicated — which is an offence under the Liquor License Act. I conceded that we were in high spirits but rejected the notion of intoxication, which according to the Ministry of Government Services' own server training program means the customer is speaking too loudly, slurring, sweating and losing balance.
"You had to repeat yourself several times, did you not?" the lawyer asked.
"Yes but that happens all the time. You might have noticed I have the hint of an accent," I replied, in my strongest west Scotland brogue.
By this time things had proceeded from farce, as the lawyer flailed away in her attempts to make me admit we were all full of loudmouth soup, or something more sinister.
"As regards the subject of your conversation, is it possible the conversation was of a sexual nature?" the lawyer asked.
"Excuse me," I replied, taken aback.
"Is it possible the conversation was of a sexual nature?"
"I have no idea."
"Is it possible?"
"I have no idea. Is this relevant?" I asked.
"Your job here is to answer the questions. I will do the asking," she said, curtly.
So there you have it. It seems that not only was a public servant sitting in the shadows studying us, he was also eavesdropping on our conversation, so that he could include its contents in a report that could become a public document once the board members pronounce on whether D'Arcy's was in breach of its licence.
[. . .]
Bad enough that a public employee, who is apparently unaccountable to the people, can temporarily close down a wealth-creating private business like D'Arcy's, which employs 75 people, on the extremely subjective basis that a couple of 40-something suits "appeared to be intoxicated". Much worse that government is encroaching on the rights of the individual to the extent that a supposedly private conversation becomes a matter of public record. The Ministry of Truth would have approved.
Visitors since 17 August, 2004