The Alcohol and Gaming Commission of Ontario (AGCO) is a quasi-judicial Crown agency which regulates the alcohol and gaming industries of Ontario. The agency reports to the Ministry of Government Services.
Responsibilities of the AGCO include the administration of:
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The AGCO was established February 23, 1998 by the Government of Ontario under the Alcohol and Gaming Regulation and Public Protection Act of 1996. This Act transferred responsibility for the Liquor Licence Act and the Gaming Control Act to AGCO. It was a result of the amalgamation of the Liquor License Board of Ontario and the Gaming Control Commission Ontario.
As a result of the establishment of the AGCO, the Government of Ontario passed complementary legislation to extinguish the Liquor Licence Board of Ontario and the Gaming Control Commission.
The mandate of the AGCO is to:
In January 2009, John Ivison wrote an article in the National Post criticising the AGCO. Ivison noted that AGCO hearings, unlike criminal courts, do not require the prosecution to establish guilt beyond a reasonable doubt. Rather, the burden of proof is much lower – on the balance of probability. He also wrote that the standards of evidence are also different – in particular, hearsay, which is prohibited in criminal courts, is permitted at AGCO hearings. Ivison also criticized the fact that he was not allowed to listen to the AGCO inspector's testimony.[1]
When giving testimony at a hearing, Ivison claimed that the prosecuting lawyer asked him whether or not conversations he had (at a bar that was accused of violating AGCO regulations) were of "a sexual nature." When Ivison asked how this was relevant, the prosecutor responded "Your job here is to answer the questions. I will do the asking." Ivison sharply criticized the fact that "not only was a public servant sitting in the shadows studying us, he was also eavesdropping on our conversation, so that he could include its contents in a report that could become a public document once the board members pronounce on whether D'Arcy's was in breach of its licence."[1]
Ivison concluded by writing that AGCO inspectors "are running amok" and noted that the number of licence suspensions has increased more than 60% since 2000.[1]
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