The owner of a downtown Prince George nightspot fighting two pandemic-era tickets is seeking to have B.C.'s Attorney General overturn a judge's decision to deny a request to have a trial on the matter heard in French.
In a petition filed Tuesday in B.C. Supreme Court in Prince George, Learn to Earn Bartending and Consulting Inc. alleges Provincial Court Judge Martin Nadon erred in law when he issued his decision in May.
The petition says Learn to Earn is Francophile and operates bilingually and has a right to a trial in both official languages, citing section 530 of the Criminal Code.
During a hearing on the matter, lawyer Saron Gebresellassi originally argued to have the trial heard exclusively in French but in the face of pushback from Nadon, advocated for a trial heard in both English and French.
The primary language of key witnesses that Gebresellassi plans to have testify on behalf of Learn to Earn speak French, the court has been told. Nadon's decision centred largely on a lack of evidence that Learn to Earn's "controlling mind," identified as Linda Allen, speaks French.
In setting July 31 and August 2 as dates for a trial on the matter, Nadon allowed for an interpreter to participate in the proceeding.
Learn to Earn is fighting two tickets issued by Liquor and Cannabis Regulation Branch in September 2021 for alleged violations of COVID-related restrictions. The tickets were issued for "dancing and congregating" at what was then known as Lambda Cabaret and now known as Club 1177 and carry fines of up to $4,300, according to the petition.
Ontario-based Gebresellassi is currently prohibited by the B.C. Law Society from appearing on the matter but is in the process of applying for a mobility permit, the court has heard.
Learn to Earn is identified as the petitioner and the signature at the end of the document is indecipherable, but an email belonging to "linda" is provided.
