Haldimand County has been legally pursuing the closure and removal of seven smoke shops in the Caledonia area that sell untaxed cigarettes. Two of the smoke shacks are on private property and five are on Provincially owned Property.
"We have done all we can do", said Haldimand County Mayor Marie Trainer at last Monday nights council meeting in Cayuga. This is in reference to the five remaining smoke shacks that are selling untaxed cigarettes on Provincially owned land.
Woody McKaig, legal counsel for Haldimand County explained to members of council the complexity in dealing with the smoke shacks that are on Crown Land.
You can do nothing about the smoke shacks on Provincially owned land, said McKaig, legally the County cannot sue the government, as it is protected under Crown Immunity.
Crown Immunity dates back to its early origins from English Law and basically states that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution, hence the saying, the King or Queen can do no wrong. In many cases the government has waived this immunity to allow for law suits.
McKaig went on to explain that the five smoke shacks on Provincially owned lands fall under the Planning Act and the Building Code Act and neither have provisions for binding the Crown.