ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario
Registrar
-and-
John Bradley Orgar
Registrant
DECISION AND ORDER
Panel: Patricia McQuaid, Vice-Chair
Decision Date: June 1, 2009
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
John Bradley Orgar, Registrant ) On his own behalf
Allegations
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order dated March 12, 2009 to suspend the registration of JOHN BRADLEY ORGAR (the “Registrant”), 1107 Beneford Road, Oshawa, Ontario, L1K 0A3, as a gaming assistant, in the class of gaming employee, registration number 118956, on the basis of section 12 of the Gaming Control Act, 1992 (the “Act”) that there are reasonable grounds to believe that the Registrant will not act as a gaming assistant in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct and the Registrant has carried on activities that have been in contravention of the Act and regulations or the terms of the registration. A teleconference hearing was convened on May 26, 2009 in the City of Toronto.
Sujin Chan, Registrar’s Representative, and Mr. Orgar submitted an Agreed Statement of Facts and Joint Submission Regarding Disposition (Exhibit #1) which forms part of this decision. It was agreed and admitted that:
The Registrant has been registered as a gaming assistant, in the class of gaming employee, and employed by Great Blue Heron Charity Casino as a Dealer since June 2, 2004.
During the month of December 2008, John Bradley Orgar created and caused to be posted on a highly viewable internet web site, four computer-generated episodes entitled “Death to the Great Blue Heron.”
The episodes depicted a stick figure causing injury to a bird by shooting it with arrows, ripping the head off and striking it with objects. The images depict blood and graphic violence. Each episode incorporates the official logo of the Great Blue Heron (GBH) Charity Casino. John Bradley Orgar had not received GBH’s permission or authorization to use any representation of this logo in any format.
The Registrant, John Bradley Orgar has not acted in accordance with integrity and in the public interest as evidenced by his conduct in creating graphic violent imagery which directly relates to his employer and then making it available in a highly accessible forum.
The Registrant, John Bradley Orgar has not acted in accordance with the law or with honesty and integrity by using the official GBH logo without permission or authorization.
Order
Therefore, having considered the Agreement (Exhibit #1), the Board confirms its oral ORDER that the registration of JOHN BRADLEY ORGAR, 1107 Beneford Road, Oshawa, Ontario, L1K 0A3, as a gaming assistant, in the class of gaming employee, registration number 118956, be suspended for THREE (3) days to commence at 12:01 a.m. on June 18, 2009 and to end at 12:01 a.m. on June 20, 2009, and for clarification, as orally agreed by the parties, Mr. Orgar shall not re-commence his employment at GBH prior to 10:00 p.m. on June 20, 2009.
Further, the Board ORDERS the following term and condition shall be attached to the Registration:
- John Bradley Orgar shall refrain from creating or disseminating, in any format or medium, imagery that depicts violence or other similar content or messages relating to his employment or employer.
DATED AT TORONTO THIS 1st DAY OF June , 2009.
PATRICIA MCQUAID, VICE-CHAIR, AGCO
Attached
IN THE MATTER OF THE GAMING CONTROL ACT, 1992,
S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED
AND IN THE MATTER OF THE
NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION OF
JOHN BRADLEY ORGAR
AGREEMENT
The Licence Holder, who is not represented by legal counsel, but who has been advised of the licence holder’s right to legal counsel and has declined that right and Registrar’s Counsel agree to the following:
Agreed Statement of Facts
The Registrant has been registered as a gaming assistant, in the class of gaming employee, and employed by Great Blue Heron Charity Casino as a Dealer since June 2, 2004.
During the month of December 2008, John Bradley Orgar created and caused to be posted on a highly viewable internet web site, four computer-generated episodes entitled “Death to the Great Blue Heron.”
The episodes depicted a stick figure causing injury to a bird by shooting it with arrows, ripping the head off and striking it with objects. The images depict blood and graphic violence. Each episode incorporates the official logo of the Great Blue Heron (GBH) Charity Casino. John Bradley Orgar had not received GBH’s permission or authorization to use any representation of this logo in any format.
The Registrant, John Bradley Orgar has not acted in accordance with integrity and in the public interest as evidenced by his conduct in creating graphic violent imagery which directly relates to his employer and then making it available in a highly accessible forum.
The Registrant, John Bradley Orgar has not acted in accordance with the law or with honesty and integrity by using the official GBH logo without permission or authorization.
Joint Submission Regarding Disposition
The Registrant hereby withdraws his request for a hearing
John Bradley Orgar’s registration shall be subject to the following terms and conditions
- John Bradley Orgar shall refrain from creating or disseminating, in any format or medium, imagery that depicts violence or other similar content or messages relating to his employment or employer.
- The Registrant, John Bradley Orgar shall serve a three day suspension of his gaming registration to be served consecutively and to commence at 12:01 a.m. on June 18, 2009, and to end at 12:01 a.m. on June 20, 2009.
Dated this 11th day of May, 2009
John Bradley Orgar Sujin Chan
Registrant Counsel to the Registrar