Does the situation of the social host who serves alcohol to guests fall within the three categories just discussed or represent an appropriate extension of them having regard to the factors of risk-control and reasonable preservation of autonomy that animate them? I conclude that it does not.So sayeth the Supreme Court of Canada in the unanimous decision today in the case of Childs v. Desormeaux. I am not primarily interested in the ruling for its effect on social hosts and over-drinking. I am interested in the use over and over of the word "autonomy". The court choosing that word can only be connecting their discussions to autonomy as I discussed it with you some time ago.
But how? I will have to think a bit about it including how it reflects the Court's comments on marijuana use in this case.
Comments
David Janes - May 5, 2006 7:48 PM
<i>I'm</i> interested in it's effect on social hosts. Huzzah for the SCC!
Flea - May 5, 2006 8:26 PM
And I am interested in its effects, if any, on social guests. With some luck autonomy includes the freedom to make decisions and to take the responsibility for the consequences of decisions.
Though part of me was hoping for a different outcome on humour grounds. I was wondering what sort of force I could use to restrain people from driving.
Mike - May 6, 2006 10:23 AM
>>A social host at a party where alcohol is served is not under a duty of care to members of the public who may be injured by a guest’s actions, unless the host’s conduct implicates him or her in the creation or exacerbation of the risk.<<
So, no more pouring booze down guests' throats using funnels?! Damnit!
But, seriously ... what conduct, I wonder? My Dad used to be famous for pouring strong drinks at my folks' parties - is pouring a stronger drink conduct that would exacerbate the risk? Should it be Bring & Pour Your Own Booze always from now on? Notify all party guests that you, as host, will not be relied upon to monitor their alcohol intake? I have no problem doing that ... I also don't accept BBQ orders for 'rare' meat -- cook it yourself, I'm not making you sick.
David Janes - May 6, 2006 10:46 AM
Don't serve alcohol to drunk guests that you have a reasonable expectation are planning to drive home.
Mike - May 6, 2006 2:54 PM
I don't have many parties anyway, but I rarely 'serve' alcohol. For the most part, people bring what they want. Is the use of a fridge or cooler for cold storage for later consumption on my property 'serving'?
David Janes - May 6, 2006 3:33 PM
"Enticing"?