Thursday, April 1, 2010

Final Trial Witness: Guy Earle was customer

Guy Earle's last supper [at Zesty's]: he paid $20 including $10 tip


It's 3pm on the last day of the Guy Earle trial and I'm sitting in BCHRT Hearing Room #4, waiting for the final witness to appear. Almost all 18 gallery seats are occupied. I recognize Brian Hutchison from the National Post, sitting one row ahead of me, one seat to the left, scribbling on a steno pad. I wonder how much he's getting paid for what I'm willing to do for free. [UPDATE: I'm joking! Apples and oranges, obviously] Many other media are also present, along with Earle/Pardy supporters and a few bloggers sitting to attention with hungry laptops perched on their knees.

I look across the room and type what I see into my MacBook Pro:
Sam and Salam Ismail appear more at ease than first day. No sweaty brows, no grim smiles. Confidence. Case is strong? - earlier testimony shows that Pardy did indeed heckle. Is exaggerating fear. Beer bottle threat very damning.

Lorna Pardy looks tired. Dark circles under her eyes. Trial taking it's toll? She was on the front page of the Province yesterday, looking like the bad guy. Ouch.

Sam Ismail calls Samantha to testify. She is a server who has worked at Zesty's for about 3 years and was working on the night of May 22, 2007:

"I was working at the restaurant that night with Brandy, a new server... I saw Earle break the sunglasses and I picked them up. He looked shaken, I said "What are you doing, what's going on?" and Guy said "They threw water in my face". I said "Whatever you do, just leave them alone."

Ismail: Did you ever feel that the ladies' safety was in danger at any time?

Samantha: No.

Ismail: Over and above the free beers for the comedians, did Mr. Earle spend any of his own money at the restaurant?

Samantha: Yes. He would usually have a meal and pay twenty dollars, including a ten-dollar tip for me.

Ismail: He was spending his own money?

Samantha: Yes.


Cousineau: Was it just you & Brandy working on May 22 2007?

Samantha: Yes.

Cousineau: And you weren't serving or paying much attention to Pardy, is that right?

Samantha: Yes.

Cousineau: You didn't hear Guy Earle talk to the women from the stage?

Samantha: Not really.

Cousineau: You didn't see Guy Earle approach the women"s table twice?

Samantha: No, but I saw him break the sunglasses. I picked them up.

Cousineau: After you picked up the sunglasses, what happened then?

Samantha: I took Guy aside and asked "What are you doing, what's going on?" and he told me they threw water in his face.

Cousineau: And what did you do then?

Samantha: I said "Whatever you do, just leave them alone."

Cousineau: I'm going to suggest you gave him another beer and said "that was it" for alcohol.

Samantha: Ok, yeah, probably.

Cousineau: Is that fair?

Samantha: Yes.

Cousineau: At any point did you approach miss Pardy and her friends to ask them what happened?

Samantha: No.


Ismail: Do you ever pay attention to the comedy as it's going on?

Samantha: Not really, I'm busy serving tables, serving customers.


Murray Geiger-Adams: When did you start working at Zesty's?

Samantha: October 2006.

MGA: How did you meet Guy Earle?

Samantha: February or March - I think it was spring - I was there when he came in and asked Salam about having an open-mic comedy night. Salam told him "We'll see".


Ismail: During the open mic comedy nights, was Guy Earle always the MC?

Samantha: Guy Earle was the main MC, but others would take turns. There was a core of 6 or 7 comedians who attended each week and sometimes they would introduce each other.


Cousineau: Was there an open comedy night before Guy Earle asked for one?

Samantha: No, on Saturdays we had the Laff Riot Girls and … Langara College sometimes...

Witness is excused.


  1. Free speech doesn’t mean you can say anything you want publicly.
    There’s something called hate propaganda in Canada and it is illegal.

    From the Criminal Code of Canada:

    319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Wilful promotion of hatred
    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    The law clearly shows you can’t just say publicly whatever you want, not in newspapers, not in broadcast, not on the internet, and not in night clubs either.

    Apparently Guy Earle doesn't understand the law.

  2. So Tom, if I call you a lefty whining asshole, an identifiable group, you throw water in my face and threaten to break a beer bottle and slit my throat, I should go to jail for two years.

    You truly believe assholes should have immunity from being called to the matt? Put on your big boy panties Tom, and abide by the old adage, if you can dish it out, you had better be able to take it.

  3. Hey bloggy, I think Brian Hutchison from the National Post, gets paid for what you're willing to do for free, is the same reason I get paid for what Guy does for free. Skill level and qualifications. Are you really comparing yourself to a credible journalist.

  4. "Incites hatred" - Incites: to stir, encourage, or urge on; stimulate or prompt to action: to incite a crowd to riot.

    By just commenting in a racist manner no one is inciting anyone to do anything. To be accused of Inciting hatred someone must take on the verb and actually encourage, urge or stimulate, prompt others to action.

    "willful promotion of hatred" - promotion: 1. advancement in rank or position.
    2. furtherance or encouragement.
    3. the act of promoting.
    4. the state of being promoted.
    5. something devised to publicize or advertise a product, cause, institution, etc., as a brochure, free sample, poster, television or radio commercial, or personal appearance.

    So lots of definitions of promotion. In the case of Willful promotion we must chose either 2 or 5. If the person actually provides furtherance or encouragement or devises something to provide furtherance or encouragement then maybe there is something to it.

    From my reading of the transcripts posted here I don't see the comedian inciting hatred or promoting hatred, I see a poor George Carlin impression and someone calling someone else names or using profanity.

    Free speech should mean you can say what you like as long as you are not trying to incite hatred... such as saying "Burn the witch" which could be construed as inciting a crowd to carry out your command to kill someone because of their religious orientation.

  5. Tom, Tom you are so ill informed. FYI - Earle was not charged with criminal code hate speech, if he were, he would be in a real court, with a real judge, and both parties would be paying for a lawyer. This is a HRC infraction - a tribunal - not a court, so the rules of court - like truth as a defense and all the other laws like rules of evidence do not apply - it is a kangaroo court where the process is meant to be the punishmen. Also, the complainant gets a free lawyer in this kangaroo court - the defendant must pay for one, and even if the defendant wins - he can not be reimbursed for his legal costs. In a real court - the winner would have their legal fee's reimbursed. This is exactly why this is such a joke - no crime has been committed - he was not charged under the criminal code - do you get that?

  6. "Tom Brodbeck" is pretending to be someone he's not. He cut and pasted that from a blog post by Tom Brodbeck of the Winnipeg Sun:

    I had him trying to stir shit up at my site too: