The Chronicle Herald (Metro)

Lawyer: bouncer law could have saved life

- CHRIS LAMBIE THE CHRONICLE HERALD clambie@herald.ca @tophlambie

Lawyers representi­ng the sister of a bar patron who died violently in Halifax more than two decades back are threatenin­g to take the province to court if it doesn’t bring an existing law into force they say could have prevented a similar death outside the Alehouse in 2022.

Sujit Choudhry and two of his colleagues wrote to Brad Johns last month, when he was still justice minister, about proclaimin­g the Security and Investigat­ive Services Act, 14 years after it received royal assent. In their letter, they demand Nova Scotia’s provincial cabinet immediatel­y proclaim the law into force.

Choudhry represents Terri Giffin, whose brother, Stephen Giffin, got into an altercatio­n with a bouncer and a bartender at Captain Eli’s Restaurant and Lounge on Dec. 23, 1999, and later died in hospital.

The two Captain Eli’s employees were charged with manslaught­er, but eventually acquitted.

‘NO CHOICE’

“Should the provincial cabinet continue to fail to proclaim SISA into force, Ms. Giffin will have no choice but to commence an applicatio­n for judicial review in the Nova Scotia Supreme Court to ensure the provincial cabinet meets its legal obligation­s under SISA,” Choudhry and two of his colleagues wrote in their letter to Johns dated April 16.

Choudhry, who could not be reached Friday for comment, wrote that he believes the law might have prevented the death of Ryan Michael Sawyer.

Police found the 31-yearold Ontario man unconsciou­s on the sidewalk near the Halifax Alehouse around 1:15 a.m. on Dec. 24, 2022. Sawyer, who was home in HRM visiting family, was taken to hospital but died later.

‘URGENT NEED’

“The tragic death of Ryan Sawyer in December 2022 – which SISA could have prevented – underlines the urgent need to implement SISA’S comprehens­ive regulatory framework for private security, which would extend to bouncers not just at cabarets but at every establishm­ent with liquor licences,” Choudhry wrote.

“It is Ms. Giffin’s position that the provincial cabinet ... is legally obligated to bring SISA into force. But Premier Tim Houston has publicly stated that the provincial cabinet has absolute discretion to never bring SISA into force, and has declined to do so.”

After Sawyer’s death, “it came to light that the same bouncer had previously been charged with assault” of another patron at the same bar, on October 10, 2022, Choudhry wrote.

Alexander Pishori Levy, 38, of Halifax and Matthew Brenton Day, 33, of Dartmouth were accused of assaulting a male patron after escorting

him outside the downtown bar Oct. 10, 2022.

‘WOULD NOT HAVE BEEN ON DUTY’

Late last month, a judge dismissed assault charges against the two former bouncers at the Halifax Alehouse after the alleged victim decided he no longer wants to be involved in the prosecutio­n.

“Had SISA been proclaimed into force, (Levy) may have had his licence suspended after the October 2022 beating – and would not have been on duty the night of Mr. Sawyer’s death,” Chowdhry wrote.

This past February, the Crown filed a direct indictment to send Levy straight to trial in Nova Scotia Supreme Court on charges of manslaught­er and criminal negligence causing Sawyer’s death.

‘WHOLLY INADEQUATE’

Choudhry dismissed measures announced last May by the province – including requiremen­ts that bouncers working at cabarets need to provide criminal record checks, take security training and complete a responsibl­e beverage service program – as “a wholly inadequate substitute for SISA.”

The lawyer goes on at length in his letter about how the law, which won support from all parties, has languished on the books.

“SISA requires licencing for security guards,” Choudhry wrote.

“Through the licensing process, individual­s would have to disclose any criminal charges brought against them, including any incidents involving serious injury from their actions. Moreover, licences may be revoked.”

Chowdhry pointed to “industry opposition” as the reason SISA has not been implemente­d. He criticized changes made by the province as “half-measures at best.”

Justice Minister Barb Adams could not be reached Friday for comment.

“This legislatio­n was passed more than 13 years ago. While we have no plans for an immediate proclamati­on at this time, the government continues to consider issues around security staff at licensed establishm­ents,” Deborah Bayer, who speaks for the Justice Department, said in an email.

“In May 2023, new requiremen­ts for cabaret bouncers to have training and a criminal record check was added as a condition of a cabaret licence.”

 ?? RYAN TAPLIN ■ THE CHRONICLE HERALD ?? Alexander Pishori Levy, a former bouncer at the Halifax Alehouse, is led out of Halifax provincial court Wednesday, Aug. 16, 2023, after his arraignmen­t on charges of manslaught­er and criminal negligence causing the death of Ryan Sawyer last December. Levy, 38. was released on bail with the Crown’s consent.
RYAN TAPLIN ■ THE CHRONICLE HERALD Alexander Pishori Levy, a former bouncer at the Halifax Alehouse, is led out of Halifax provincial court Wednesday, Aug. 16, 2023, after his arraignmen­t on charges of manslaught­er and criminal negligence causing the death of Ryan Sawyer last December. Levy, 38. was released on bail with the Crown’s consent.

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