B.C. Human Rights Code trumps Public Health Act, counsel for night spot argued.
The owner of a downtown Prince George night club has been found not guilty of violating the B.C. Public Health Act by refusing to adhere to a series of pandemic-related restrictions.
Reasons for judgment were not immediately available. A judicial justice typically presides over hearings for alleged violations of provincial laws and municipal bylaws for which a ticket has been issued. "It's an interesting case for Canadians at large because the proof is in the pudding so to speak in terms of the legislative wording," Gebresellassi said. "It's very clear wording, there is little room for ambiguity and it speaks to the legislative culture that says that human rights are superior."
Gebresellassi has represented Allen on similar matters in the past, including an unsuccessful appeal in September of a decision the Liquor and Cannabis Regulation Branch's general manager had issued in August to suspend the night spot's liquor licence for defying provincial health orders. The night spot was subsequently closed for seven days in October.
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