The B.C. Human Rights Tribunal has released its reasons for not referring a question of jurisdiction over a case of alleged homophobic and sexist discrimination to the B.C. Supreme Court.

The application was made in relation to a complaint that a female same-sex couple was harassed while attending an open-mic comedy performance at an East Side Vancouver restaurant in May 2007.

Lorna Pardy alleges that she and her partner were discriminated against “in the provision of a service” under Section 8 of the B.C. Human Rights Code. The respondent, comedian Guy Earle, has denied that he discriminated, saying he was dealing with hecklers.

During earlier proceedings, Earle’s lawyer argued that the comedian’s freedom of expression was protected under the Canadian Charter of Rights and Freedoms and requested that the tribunal seek an opinion from the B.C. Supreme Court about jurisdiction.

However, tribunal member Murray Geiger-Adams denied the request, highlighting existing Canadian regulations and pointing out that Earle did not adequately demonstrate that it is the tribunal’s place to refer such matters.

“In these circumstances, I conclude that I have no jurisdiction to grant Mr. Earle’s stated case application, and I decline to do so,” Geiger-Adams wrote in the April 23 reasons for decision.

In September 2007, Pardy filed the complaint against Earle and Salam Ismail, owner and manager of Zesty’s Restaurant. Pardy alleges that Ismail failed to intervene during the incident.

Ismail has denied that he and his restaurant discriminated, saying that while he did not witness the incident, he did attempt to address Pardy’s concerns.

The hearing into the complaint ended on April 9.