Comedy show turned ugly

It was supposed to be a comedy show but there was nothing funny about the way it ended -- an enraged and embarrassed patron tossing glasses of water at the comedian, the comedian retaliating by breaking her sunglasses while allegedly continuing to direct a vile torrent of sexually abusive language at her.

And on Monday the standupcomedy routine that took place May 22, 2007, in Zesty's Restaurant on Commercial Drive landed in the tight quarters of hearing Room Four of the B.C. Human Rights Tribunal.

Toronto comedian Guy Earle is being sued by Vancouver airport meteorological technician Lorna Pardy, 32. under Section 8 of the B.C. Human Rights Code. Her complaint alleges that he discriminated against her on the basis of her sexuality by subjecting her and her lesbian partner to sexually graphic and demeaning remarks during and after his routine.

She is seeking $20,000 in damages against Earle and the restaurant owner Salam Ishmail, who she claims, did nothing to intervene and protect her during the confrontation with Earle, whom she described as being six feet four and 230 pounds against her five feet eight, 135 pounds.

However, before any evidence was presented, the lawyer representing Earle walked out of the hearing claiming the process was illegal.

Jim Miller, an experienced Vancouver lawyer, left after failing to convince tribunal member Murray Geiger-Adams that the issue of whether the tribunal had jurisdiction to accept the complaint should be dealt with before -- not after -- the evidence had been presented.

Geiger-Adams had ruled the hearing -- expected to take four days -- should continue with the issue of jurisdiction being dealt with at the end.

Miller had argued that such a course of action was "illegal," based on rulings by the Supreme Court of Canada and the B.C. Supreme Court.

"I find this difficult because of my obligation as a lawyer to the courts. In 30 years of practice, I've never been in a situation like this." said Miller packing up his law bags.

"This is high-handed; I can't consent to it, I'd be consenting to an illegal process, so I have to leave," he said.

Miller's argument is that his client, who did not attend the hearing, was entitled to freedom of artistic expression under the Canadian Charter of Rights and Freedoms and these rights "trumped" Section 8 of the B.C. Human Rights Code.

He said the human rights tribunal was not a "charter free zone" and could not proceed with a hearing if it didn't have jurisdiction.

Miller said he would await Geiger-Adams' written reasons before deciding whether to apply for a judicial review of his decision.

Outside the hearing, Miller said the incident involved his client responding to hecklers and was all part and parcel of a comedy routine.

But without his client's evidence, it was left to Pardy to describe what happened and her evidence of what Earle said is too graphic to be repeated, he said.

Under questioning from her counsel Devyn Cousineau, Pardy said she went to the restaurant to meet two female friends including her partner Zoe Broomsgrove. They were sitting in the patio and at 11:30 p.m. were told they had to move into the restaurant as the patio was closing.

Inside Zesty's they were being seated when Broomsgrove kissed Pardy on the cheek, which caused Earle who was on stage to point to them and tell the audience they were sitting at the "dyke table."

Asked if she was heckling Earle at the time she said: "No, I'm a private person. I'm not the type of person who would go out and behave that way."

What then followed was a diatribe of vile remarks from Earle describing lesbian acts involving her and her partner that shocked and embarrassed her, she said.

She booed him in an attempt to shut him up and this caused him to leave the stage and come to their table where he loomed over her.

She said she felt threatened and didn't want him near their table so she picked up a glass of water and threw the water in his face.

"I was afraid of him, he was very angry," she said.

She had thrown water over him to snap him out of his rage, she said.

This led to further offensive remarks. Then he left and went over to speak to Ishmail, she said.

Earle went back on stage and thanked her for ruining the evening, which was accompanied by more obscenities.

She said people in the audience began booing and a number got up and left.

The confrontation left her shocked and humiliated and she was sweating and shaking.

She was standing by the table when she saw Earle approaching again and she picked up a second glass of water and threw it into his face -- "I told him 'don't you come near this table.'"

Pardy said she didn't believe he was coming over to apologize.

She then walked to the washroom to try and compose herself and on the way back to her friends Earle intercepted her, took the sunglasses from her head and broke them and threw the pieces on the floor.

The hearing is expected to end Thursday

Via National Post