tag:blogger.com,1999:blog-826637739916486721.post5716553177815793056..comments2023-09-19T06:58:49.690-07:00Comments on VanEast Beer Blog: Changing the Culture of Fear & Paranoia: The Recommendation That Could Change How Liquor Policy is EnforcedPaddy Treavorhttp://www.blogger.com/profile/16360223916204727525noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-826637739916486721.post-86176926639792015722014-02-28T13:17:05.839-08:002014-02-28T13:17:05.839-08:00I agree with all your points 100% Chad. The one ho...I agree with all your points 100% Chad. The one hope I have is that the recommendation states "The Ministry of Justice should review current processes and determine how best to provide independent decision-making for those seeking appeal."<br />You know the LCLB & LDB will give huge push back to any changes tot he process that diminishes their current power status and if the government allows them to draw up the policy for an appeal process it will be toothless and ineffective. Bureaucrats, like politicians, are all about survival and you can be sure the LCLB & LDB brass will be doing all they can to influence the way this plays out. <br />When we met with Yap, it seemed clear to me that his intention was to right the current power imbalance and implement some accountability for decisions being made in regards to enforcement and implementation of the liquor policies. Lets hope Anton and her gang actually capture the spirit of the recommendation and put in place an appeal board who have teeth, whose mandate is to ensure fair treatment for all under liquor policies and whose rulings are legally binding.Paddy Treavorhttps://www.blogger.com/profile/16360223916204727525noreply@blogger.comtag:blogger.com,1999:blog-826637739916486721.post-77051140191587004332014-02-28T11:42:00.662-08:002014-02-28T11:42:00.662-08:00A key question here is what level of review such a...A key question here is what level of review such an independent tribunal could offer. For example, if under the applicable law the LCLB continues to enjoy complete and unfettered power to develop and enforce rules and policy as it sees fit, a tribunal might only be able to rule whether "the LCLB properly exercised the powers they were given" - and the answer will always be "yes," since their power is nearly total. A tribunal won't have a basis for objecting to the content of LCLB decisions where the LCBC, by definition, has been given the power to do "whatever it wants."<br /><br />In addition to your statement, "Laws are often enforced arbitrarily and inconsistently" I would add "arbitrary and inconsistent laws and policy are often enforced enthusiastically," which is what I'm more worried about. We can have all the enforcement and avenues of appeal we want, but if the rules don't properly define and limit what the LCLB can do, it's all for naught. In other words, if the LCLB doesn't have to follow its own rules, and with respect to licensing isn't required to follow any firm guidelines or rules laid down by the government (it can make them up itself), then appeals or strict enforcement will be unable to change the LCLB's behaviour.Chadhttps://www.blogger.com/profile/10965042161895885863noreply@blogger.com