Victoria threatens jail for defiance of smoking ban

National Post, Friday, March 12, 1999

Tom Arnold

The toughest anti-smoking by-law in North America is about to get a whole lot tougher.

Errant business owners in Victoria -- where a ban on smoking in all indoor work sites and public places came into effect in January -- who are defying the law and allowing patrons to light up will soon be responsible for telling customers to stop smoking.

Proprietors not complying will face the threat of such stiff penalties as jail or business closure.

"It is necessary because some establishments were actively encouraging patrons to break the law," said Miles Drew, the chief bylaw enforcement officer.

"It was the patrons who were absorbing the risk and, for us, it was becoming an increasingly difficult situation to work in. Now, for the places that are continually and openly letting people smoke, we will get injunctions."

Mr. Drew said enforcement officers will continue to enforce the bylaw, but businesses are expected to follow the change. "And it won't be as confrontational because we don't have to deal with them at 11 o'clock at night where there's a large number of people who have been consuming alcohol and opposing the bylaw."

Recent days for Victoria's so-called smoking police have been difficult, said Mr. Drew. In bars, they have been surrounded, given Nazi salutes, jeered, and threatened.

Owners said the situation is not likely to change. "This is not going away and it is not dying down," said Brian Mayzes, manager of the 200-seat Esquimalt Inn. "My customers' rights are worth going to court over and I'll go to jail if I have to."

Mr. Mayzes said he will now bar enforcement officers from his establishment. He also said the group he heads -- the Freedom of Choice Coalition -- will fight the issue in court.

The injunction will follow three tickets or written warnings.

For the first time in Canada, smoking was prohibited in both bars and nightclubs in January. The Victoria ban -- which does not even allow for separate, ventilated smoking rooms -- also extends to about 3,000 restaurants, hotel lobbies, long-term-care facilities, bingo halls, and bowling alleys. It even includes a hospice, where patients are prepared for imminent death.

Until this amendment to the bylaw, smokers were held responsible. More than 120 tickets have been issued. Under the regulations, people can be fined from $50 to $2,000.

The latest amendment requires the approval of Penny Priddy, B.C.s' Health Minister. But that is not expected to be a problem, because Ms. Priddy approved a similar change to a Vancouver bylaw, not yet fully in force.