Thank you, Mr. Chairman. Presently, if a person sells or supplies alcohol and they are negligent in doing so, they can be held responsible for the damage that is caused, if that damage is caused by their irresponsibility. That is already in the common law, in the case law, that is developed and the courts have held people responsible for that damage.
It is possible that legislation could extend the liability of people who act in that manner. For example, one of the problems sometimes is proving that the irresponsible sale caused the damage. It is possible that legislation could impose what we would call an absolute liability and presume that there would be damages resulting from the illegal sale or supply of liquor. It is possible that legislation could extend it.
It we were to codify the existing law in our Liquor Act -without making further changes, without extending the law, a possible danger that the courts could limit remedies to what is contained in the act and say that the Legislature has ousted the common law. That is something that people drafting the legislation would have to be aware of. It would have to be drafted very carefully to make sure that it doesn't prevent the courts from taking advantage of new laws and new doctrines in law, as they may arise, so that the courts wouldn't be limited to awarding damages only in situations that fell clearly under the scope of the act. It is something that would have to be watched out for by the drafters. I hope that answers the Member's question, Mr. Chairman.