Does this sound odd to anyone else? There is a law banning smoking in public places. This law is designed to protect non-smokers and employees alike.
It seems ludicrous that anyone would fight the law. It strikes me as incredibly selfish that in the interests of their business (a casino no less) they would completely disregard the health of their employees.
Another issue that intrigues me is the notion of two sets of rules in Manitoba. I believe that the Chiefs keep demanding equality (and so they should), but only on their terms and when it is convenient to do so.
It seems ludicrous that anyone would fight the law. It strikes me as incredibly selfish that in the interests of their business (a casino no less) they would completely disregard the health of their employees.
Another issue that intrigues me is the notion of two sets of rules in Manitoba. I believe that the Chiefs keep demanding equality (and so they should), but only on their terms and when it is convenient to do so.
By STEVE LAMBERT, THE CANADIAN PRESS
The Manitoba government is facing another legal challenge over its attempts to ban smoking in public places.
The Brokenhead Ojibwa Nation filed a statement of claim in Court of Queen's Bench yesterday that argues the province has no authority to require reserves to go smoke-free.
"The province is trying to force First Nations through policy and economics to do what it cannot do by law," the band council north of Winnipeg said in a written statement.
Manitoba was among the first provinces to ban smoking in public places in 2004. The government readily admitted the law did not cover areas of federal jurisdiction such as prisons, military bases and aboriginal reserves.
To try to convince casinos and gambling lounges on reserves to follow the law, the government has made smoke-free air a condition of any new or renewed gaming licence. The Brokenhead Nation, which is setting up a new video lottery lounge, calls the move a complete disregard for the right of First Nations to govern themselves.
Gaming Minister Dave Chomiak was not immediately available to react to the lawsuit.
It's the second major legal battle that has erupted over the smoking ban.
In 2005, Robert Jenkinson, a non-aboriginal bar owner in Treherne, Man., argued the law violated his right to equal treatment under the law. He had to stop his customers from smoking, he argued, while some aboriginal gambling lounges on reserves a few kilometres away could let their patrons puff to their heart's content.
A Court of Queen's Bench judge sided with Jenkinson and said the law violated the Charter of Rights, but the Court of Appeal later overturned that decision. Jenkinson was fined $2,500.
The application of provincial laws on reserves is a grey area. In theory, at least, smoking bans in Manitoba, Saskatchewan and other provinces apply on aboriginal lands. But band councils can pass bylaws to allow smoking under the federal Indian Act.
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