Nov 27, 2006
Of course once CHTV aired the story and show photos of the billboards along highway #6 the Government finally had to do something and the signs were taken down.
I was just about to post a whole story here about the fact that the Native tobacco signs were still up but I have talked during to the tobacco enforcement officer for the Haldimand area and they claim all the signs are down but 2 which they are still working on.
The Dunnville Chronicle reported a week ago that "A tobacco enforcement officer is on the job in Haldimand and Norfolk Counties to ensure retailers and workplaces are abiding by the Smoke-Free Ontario Act." [Link]
I am told all the signs have come down in the past 10 days but 2. Until I get reports otherwise then I will accept this information as fact.
Below is the Smoke-Free Ontario Act which appears to Two Tier System in Ontario regarding Smoke-Free laws. Why do we have this new set of laws?
"This is a very proud moment for our government," said Smitherman. "The McGuinty government made a commitment to make Ontarians the healthiest Canadians. One year from now, Ontario will be a healthier place to live and work. This new law is fair and balanced and creates a level playing field for all businesses by replacing a patchwork of municipal by-laws that regulate smoking in public places and workplaces." [Link to Government Site]
You see we have been told that we must allow for special rights for Natives because of our Treatises and our history. Politicians want you and I to believe we have to guaranteed these special rights but the courts will strike down such Two Tier Systems created by our political leaders. See the following news stories:
Sep 20 - Winnipeg Sun: Let us smoke, gamble or we'll sue: First Nations
Sep 13 - CBC: Manitoba smoking ban to include First Nations
Aug 15 - CBC: Judge snuffs out part of Manitoba smoking ban
Sep 29, 2004 - CBC: First Nations hopes to cash in on Manitoba smoke ban exemption
[Link to Smoke-Free Ontairo Act]
Purpose
13. (1) The purpose of this section is to acknowledge the traditional use of tobacco that forms part of Aboriginal culture and spirituality. 1994, c. 10, s. 13 (1).
Non-application of s. 3
(2) Section 3 does not prohibit a person from giving tobacco to an Aboriginal person who is or appears to be less than 19 years of age or 25 years of age, as the case may be, if the gift is made for traditional Aboriginal cultural or spiritual purposes. 1994, c. 10, s. 13 (2).
Non-application of smoking prohibitions
(3) No provision of an Act, regulation or municipal by-law that prohibits smoking in a place, including section 9 of this Act,
(a) prohibits an Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out for traditional Aboriginal cultural or spiritual purposes;
(b) prohibits a non-Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes. 1994, c. 10, s. 13 (3).
Place for traditional use of tobacco
(4) At the request of an Aboriginal resident, the operator of a hospital, facility, home or other place set out below shall set aside an indoor area, separate from any area where smoking is otherwise permitted, for the use of tobacco for traditional Aboriginal cultural or spiritual purposes:
1. A hospital as defined in the Public Hospitals Act.
2. A private hospital as defined in the Private Hospitals Act.
3. A designated psychiatric facility.
4. A nursing home as defined in the Nursing Homes Act.
5. A home for special care under the Homes for Special Care Act.
6. An approved charitable home for the aged under the Charitable Institutions Act.
7. A home as defined in the Homes for the Aged and Rest Homes Act.
8. A place that belongs to a prescribed class. 2005, c. 18, s. 11 (2).