Moreover, Cousineau alleges that the comments were not made during Earle’s official artistic performance.
"This isn’t the case of a comedian standing on stage and saying ‘two lesbians walk into a bar.’ It’s the case of individuals in the audience being targeted and being subjected to slurs about their sex and sexual orientation," she said.
An important thing to note here is that, Zesty's (the Vancouver restaurant where this all took place) was only partly given over to comedy club business on the evening in question, and one of Pardy's supporters, at least, has indicated that the two lesbians were not there for the comedic performances:
No, the ladies did NOT go to Zesty's to see the show. But when the patio closed, they were taken to the table by the stage by the waitresses.
By the way, Guy Earle has a blog/website devoted to his adventures, which was dead for many months and has become active again in the runup to his hearing. For example:
For almost three years, I have been defending myself to attacks from would be heroes blowing intolerance through their misguided horns. I AM NOT A HOMOPHOBE. I don't give a flying shit what you do in your bedroom and for that matter, it's none of my business... so why do you have to ram it down everybody elses throats?
Admittedly, that quote is a bit of a cherry pick on my part.
The distinction above is important to note, because as I've said several times, some will want to portray this as a "free speech" case and it really isn't; the fact that words were used to discriminate is incidental in this case. And were anyone to repeal the relevant section of the B.C. code (section 8), it would leave the provincial analogue to section 13 of the federal code (which is called section 7) in place. Some people with broader anti-HRC agendas may want to see the distinction elided.