SOMBA K'E/YELLOWKNIFE
This past Sunday, several bars around Yellowknife opened their doors to the public to watch the Superbowl.

Clayton Brown, Tim Young and Jodi Larkin are served beer by Monkey Tree co-owner Steve Dinham during the Superbowl last Sunday. - Cody Punter/NNSL photo

While the game itself was a disaster for Denver Broncos fans such as Steve Dinham, as co-owner of Sam's Monkey Tree Pub, it was a great opportunity for him to do some big business. It was also a chance for people to go to the bar on a day when it would otherwise be closed, with more than 100 customers showing up to the Monkey Tree during the game.

Perhaps most importantly, the rare occasion had both owners and patrons across town wondering why bars aren't allowed to be open every Sunday.

"If you're trying to promote business and commerce why should you regulate something where somebody could make some money?" asked Clayton Thompson, general manager at the Elk's club.

"Everyone is trying to make a living and everyone deserves that same opportunity. If you can buy underwear on a Sunday, why can't you go and have a beer?"

According to NWT liquor regulations, bars and pubs are legislated as Class A establishments, meaning they depend primarily on alcohol for revenue. Under the regulations they are only allowed to be open 10 Sundays a year.

The NWT is one of the only jurisdictions in Canada where so called "blue-laws," which prohibit businesses from being open on Sundays, have not been completely repealed.

The territory is also the only jurisdictions to get a an "F" on the Canadian Federation of Independent Businesses annual Red Tape Report card, which came out last week.

Michelle Dawydiuk, who was with a group of 13 friends to watch the game at After 8 Pub on Sunday, said she wants to see the territories' "archaic" liquor laws changed ever since she moved to Yellowknife from Toronto nine years ago.

"We're hard working citizens who need to unwind after a long work week," she said. "All we're trying to do is support local businesses and have fun with friends."

"It's about more than just small business," added Dinham. "It's also about attracting people to move up here and work. This is a city and people want to have the same amenities as down south."

Dawydiuk attested to the disappointment of having friends and families come visit her for a weekend, only to have nowhere to take them on a Sunday.

"It's kind of a mark on our territory," she said.

The 10 Sunday limit does not apply to restaurants, which are considered Class B establishments, or venues where the sale of alcohol is considered incidental to the business, such as the Polar Bowl bowling alley or the Yellowknife Racquet Club.

Jason Perrino, co-owner of After 8 Pub, believes the distinction between the establishments is inconsistent.

"You can get alcohol in any restaurant, you just can't go to a bar," he said, adding bars are the only establishments where children are not exposed to the consumption of alcohol.

"Let's just not make Class As be closed because if it's about alcohol service, let's completely eliminate alcohol service. But then we get into prohibition, we all know that doesn't work."

Jamie Koe, director of corporate affairs for the Department of Finance, stated in an e-mail that the distinction exists because it is less likely that food primary and liquor incidental establishments will be in non-compliance with the NWT Liquor Act and its regulations.

Koe added that having bars closed on a Sunday allows liquor enforcement entities such as the RCMP and liquor inspectors a day off while providing "a break from drinking for regular drinkers."

It wasn't until 10 years ago that bars were allowed to be open on Sundays at all, with the GNWT relaxing its laws and allowing bars to be open six Sundays a year, starting in 2004. The change at that time was made to offset the territory's smoking ban, which bar owners said would lead to a loss in revenue.

In 2008 that number was increased to 10.

Perrino said he doesn't understand why lawmakers decided to fix the number at 10.

"If it's 10, why not 20? And if it's 20 why not all of them?" asked Perrino.

He pointed out that although the law has been eased in recent years, its origins are founded on a Christian holiday, and it is therefore a violation of the Canadian Charter of Rights and Freedoms.

"You can't pick and choose which religion is more important than the next. The government has to value them equally period, or not at all period," he said, adding that he wants to be able to open his bar on Good Friday, which is also forbidden.

"Why do I have to be closed on a Friday? Because Jesus was resurrected? Who's Jesus?" he asked.

Of the more than half dozen owners interviewed, none said they currently use all 10 of their available Sunday openings. Dinham said he used to open the Monkey Tree during the summer on Sundays, as well as for major sporting events. However, he found that the cost and effort of promoting the fact the bar was open was not worth the amount of business it would attract.

"The problem is people are so inclined toward everything being closed on Sunday," said Dinham.

He said the feat is made more difficult due to strict territorial laws which restrict the advertising of drink specials and price points to the public - a sentiment that was echoed by several other owners.

Dinham added that staff were complaining of being burnt out when they had to work Sundays.

He said that if he was allowed to be open 52 Sundays a year, it would allow him to hire additional staff to cover weekend shifts.

While the Superbowl is clearly a large special event, Dinham said Sunday football games and other sports, such as golf, provide a source of entertainment for patrons throughout the year.

The Monkey Tree is also one of the few establishments, along with After 8 Pub, that has a patio, which both owners said they would like to keep open throughout the summer months.

All of the owners said they would like to see the territorial legislation reviewed to enable better business opportunities. Perrino even sent an e-mail to MLAs, as well as the NWT liquor commissioner in October but said he has not yet received a response from any of them.

Koe said the government did not receive any feedback during 2008 consultations to extend Sunday openings.

He added that while the Liquor Act is legislated by the GNWT, the liquor regulations include a clause that allows for municipalities to write their own bylaws to regulate the operation of licensed premises on Sundays and holidays.

According to Koe, a municipality "could increase the number of Sundays permitted by liquor primary establishments, could remove the restriction, or could prohibit Sunday operations. This includes holidays such as Christmas and Good Friday."

Mayor Mark Heyck did not return a phone call seeking comment by press time.

Perrino said he has contacted the city and was offered the chance to make a presentation to council by the mayor.

Perrino declined the offer, saying that implementing a bylaw would not change the religious bias inherent in the territory's laws.

"I shouldn't even have to go to the city," said Perrino. "The GNWT is doing this to me. They're shoving religion down my throat."

We welcome your opinions. Click here to e-mail a letter to the editor.