Families of men who died outside Halifax bars blast government for 'lack of accountability'

The families of two young men who died outside Halifax bars have harsh criticisms for Nova Scotia legislators who they say sat on potentially lifesaving rules for more than 10 years and now are poised to pass legislation that would wipe it out altogether.

Theresa Giffin and Lee Sawyer appeared before the legislature's standing committee on public bills Monday night and warned MLAs that a government bill described as a "housekeeping measure" risks repealing legislation that was created in hopes of preventing future tragedy.

Giffin's brother Stephen died after being beaten by bouncers outside a downtown bar in 1999. Her family lobbied successive governments until the passage of the Security and Investigative Services Act (SISA) in 2010. The bill would require all bouncers and security officials working at bars and lounges in the province to have criminal background checks, training and be licensed.

But the bill has never been proclaimed and as such hasn't taken effect.

Now, the Progressive Conservative government has proposed Bill 21, the Justice Administration Amendment Act. It would automatically repeal any legislation that has been passed but not proclaimed after a decade. Right now that can only happen through open debate in the legislature.

"Clearly, this government has no intention of ever proclaiming SISA into force and if the legislature enacts Bill 21, clause 10 will repeal SISA once and for all," Giffin told MLAs on the legislature's standing committee on public bills.

Giffin's late father, Cyril, led the charge to create and implement SISA. The family presumed that the bill had been proclaimed, until they learned of the death of Ryan Sawyer in December of 2022. Sawyer died following an altercation with bouncers outside a bar in similar circumstances.

Ryan's mother, Lee, told MLAs that she cannot understand why the government has not proclaimed the act or come up with some kind of replacement legislation.

"I cannot help but wonder, if it had been the child, the nephew or grandson of a member of the government, how urgent the call to action would be and legislation proclaimed?"

Recent changes fall short

The two women noted regulatory changes the government announced following Ryan's death, but they said they do not go far enough because they are not enshrined in law and only apply to the handful of bars in the province with cabaret licences.

"An individual who applies at a cabaret and is denied because of a criminal background can in fact work at any one of the other bars or lounges in the province because it is not a requirement for employment and there is no legislation in place to mandate it," Sawyer told MLAs.

"I'm not sure how the public is supposed to have the confidence of safety with this knowledge, nor should the government expect them to."

Other provinces such as B.C., Alberta, Quebec and Ontario all have legislation regarding bouncers and security staff and it's been in place for years, she said. In Nova Scotia, meanwhile, the bill remains unproclaimed 15 years after it was passed and it risks being repealed if Bill 21 passes and is proclaimed.

"Talk about a lack of accountability," said Sawyer.

Giffin asked MLAs to amend Bill 21 so unproclaimed legislation cannot be automatically repealed. If the government wants to repeal a bill, she said, members should do it on the floor of the legislature in open debate. Failing that, she called on the government to provide an exemption in Bill 21 for the Security and Investigative Services Act.

Progressive Conservative MLAs Susan Corkum-Greek, Adegoke Fadare, Nick Hilton and Nolan Young defeated a motion by the NDP to send the bill back to the Justice Department for further review.

Government MLAs then voted to send the bill back to the House, where it will next move to the committee of the whole House on bills.