Gap in rules around bar bouncers needs to be addressed, professor says

Nova Scotia's laws don'tadequately cover the behaviour of bar bouncers, according to a legal expert.

Wayne MacKay, professor emeritus at Dalhousie University's Schulich School of Law in Halifax, says there is "a significant legislative gap" when it come to the rules around in-house security at bars in the province.

"There's so many unknowns in the area, and it's pretty clearly a gap that I think needs to be addressed."

The province should reconsider the current lawsand whether they go far enough, he says.

To prevent unnecessarily violent behaviour between bouncers and patrons,MacKay says there needsto be effective regulationto make training mandatory for staff and to create significant penalties for violations.

Having a standard of practice for security staff at bars would be comforting to the public, he says, but it would also be reassuring tostaff to know what the boundaries are.

"I think that's part of the advantage of regulating and having education, is to have everyone concerned clearer about where the limits are."

Halifax Regional Police continue to investigate the deathofRyan Sawyer, after officers found him unresponsive outside of the Halifax Alehouse in the early hours of Dec. 24.

The 31-year-old's death was ruled a homicide days later but Halifax Regional Police have not yet laid any charges.

A witness who was outside the Halifax Alehouse at the time told CBC News he saw an altercation in the moments before police arrived. The witnessshot a short video at the sceneand told CBC News he saw a bouncer put Sawyer into a choke hold.

Halifax Regional Police spokespersonConst. John MacLeod wouldn't comment on whether Halifax Alehouse staff were involved in an altercation with Sawyer before officers arrived.

CBC News has also contacted the owners of the Halifax Alehouse several times and hasnot received a response.

Previous attempt at legislation

It's not the first time a bar patron has died in Halifax.Stephen Cyril Giffin died on Christmas Day in 1999 after being beaten by bouncersat a former Halifax bar, Captain Eli's.Two men charged with manslaughter in his death wereacquitted of the charge.

In 2010, the NDP government of the day introduced the Security and Investigative Services Act. It passed all three readings, but was never proclaimed into law. It wouldhave required in-house security staff to be licensed and trained in a number of areas.

The Private Investigators and Private Guards Acthas been in place since 1989, but in-house security staff such as bouncers are exempt.

Nova Scotia Justice MinisterBrad Johnsdeclined an interview request to discuss the issue. But aspokesperson for Johns said in a statement that hehad directed staff to review the Security and Investigative Services Act after Sawyer's death.

The Department of Internal Services, which is responsible for the Alcohol, Gaming, Fuel and Tobacco division, also declined an interview request.

Lawrence Conrad,director of a regional security company, says the situation could be improved with better training.

Conrad says several bars in downtown Halifax askedhiscompany, Independent Security Services Atlantic,to train their staffafter the death of Giffin in 1999.

Conrad has been in the security industry for 30 years and provides armoured-vehicle anduniformed-security services, employing around250 uniformed security guards. Staffalso provide training about use of force and access control.

Staff working security at bars should be required to be licensed and trained to the same standards,Conrad says.

"This is a volatile environment," he told CBC News. "It's probably one of the worst situations you can have, to have someone untrained in."

There's no need for anyone tobe injured, let alone killed, when bar staff tryto remove them from an establishment,Conrad says.

"When things go sideways, it's the training that kicks in and if there is no training, then your basic emotion is going to take over."

The same legal mechanisms that regulate his business can be used to standardize the bar industry, he says.

"If this is not addressed, it will happen again. There's no doubt that it will happen again."

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