Halifax Alehouse disciplinary hearing will be public, review board rules

A disciplinary hearing for a downtown Halifax bar that's the subject of several allegations will not be confidential, Nova Scotia's Utility and Review Board has ruled.

Tuesday's decision is related to Liquor Control Act charges against the Halifax Alehouse following an alleged assault and homicide outside the bar in late 2022.

The bar was charged with activity that's "detrimental to the order of the control of the premises" and for failing to report criminal charges in relation to an incident on or around its property, following an investigation by the Alcohol, Gaming, Fuel and Tobacco Division.

At a preliminary hearing in August, lawyers for the division and the Alehouse requested that all evidence and hearings related to the matter be kept confidential due to ongoing criminal and civil cases.

No date has been set for the next hearing, according to Tuesday's decision.

Lawyers for CBC News and the Globe and Mail made submissions to the Utility and Review Board challenging the request for confidentiality following the August hearing.

The media companies argued the open courts principle should apply, and the other parties "had not satisfied the burden of proving that holding an open disciplinary hearing would pose a serious risk to an important public interest," the decision said.

The review board agreed, noting the concerns of the Alcohol, Gaming, Fuel and Tobacco Division and the Alehouse "are not supported by any evidence" and claims that a public hearing would be a risk to public interest "are speculative," the decision said.

Ongoing criminal and civil cases

The Utility and Review Board hearing is a different proceeding than the ongoing criminal and civil cases involving the Halifax Alehouse.

Former Alehouse security guard Alexander Levy, 38, has been charged with manslaughter and criminal negligence causing death in relation to the death of Ryan Sawyer in the early hours of Dec. 24, 2022. 

Those charges have not been proven in court. A trial by jury is scheduled for September 2025.  

Levy and Matthew Day, 33, another former Alehouse security guard, are facing assault charges related to a separate incident outside the bar in October 2022.

Those allegations have not been proven in court, and a three-day trial is scheduled to begin on April 30.

The Alehouse is facing a civil lawsuit in connection to a third incident in 2022.

In a statement of claim, a patron accuses Alehouse security guards of attacking him on Aug. 14, 2022, leaving him with serious injuries.

The Alehouse alleges the patron provoked staff and that staff acted reasonably during the incident, according to the statement of defence.

Meanwhile, Sawyer's family has filed civil lawsuits against the Alehouse and Alexander Levy. One filed by Sawyer's parents alleges the action of Levy led to the death of their son.

"Levy intentionally assaulted Ryan, by, among other things, choking Ryan until and after he lost consciousness," the lawsuit said.

The allegations in the lawsuits have not been proven in court.

In statements of defence, the Alehouse denies any wrongdoing in connection to Sawyer's death.