Detective Cameron Graham

The Registrar of Alcohol and Gaming proposed to suspend the applicants' liquor licence for 60 days following a fatal motor vehicle accident caused by an intoxicated patron who had been drinking at the licensed premises.

The Tribunal found that the licensee permitted liquor to be sold to a person who appeared to be intoxicated and permitted drunkenness on the premises, as the bar was understaffed, patrons were buying rounds for each other, and the bartender failed to monitor consumption.

However, the Tribunal dismissed the allegation that the licensee failed to deter disorderly conduct in the vicinity of the premises, finding insufficient evidence that the disorderly conduct occurred on the property.

The Tribunal invited written submissions on the appropriate sanction.

The accused was charged with dangerous driving causing death after turning left across the path of an oncoming motorcycle at a controlled intersection, resulting in the motorcyclist’s death.

The Crown argued that the accused’s failure to enter the designated left-turn lane, failure to signal, and unsafe left turn constituted a marked departure from the standard of care.

The defence conceded the actus reus but argued that the evidence did not establish the fault element required for criminal liability and that the incident reflected, at most, momentary negligence.

The court applied the modified objective test for penal negligence as articulated in leading Supreme Court jurisprudence.

Finding insufficient evidence regarding the motorcycle’s speed, position, braking, and the accused’s awareness of risk, the court concluded the Crown had not proven a marked departure beyond a reasonable doubt.