Crown backs off on charges for smoker

Times Colonist, Victoria, March 11, 1999

by King Lee, Times Colonist staff

An Esquimalt man who refused to give his name to an anti-smoking bylaw enforcement officer will not be charged with a criminal offence.

Deputy regional Crown counsel Robert Jones said Wednesday that Geoff Jackson will not be charged with obstructing a peace officer, but has received a warning letter.

Jackson, 49, was asked by a CRD bylaw officer to provide his name when he continued to smoke inside Esquimalt Inn Jan. 5 after two bylaw officers asked smokers to butt out or move outside.

An Esquimalt police Sergeant who arrived on the scene asked Jackson to step outside and Jackson gave the officer the information.

"I guess I'm relieved, in one way," Jackson said Wednesday. "(But) I kind of wanted my day in court."

He said he had been looking forward to a court case to fight the issue of whether a CRD bylaw officer has the authority to demand identification. "So, I'm a little disappointed in that (respect)," said Jackson. Jones said that while there was a good chance of a conviction on the obstruction charge, he took into consideration the fact that Jackson cooperated with the Esquimalt police officer.

Jones said the likelihood of conviction was only one step of the two-stage test prosecutors must consider before approving any criminal charge. The other is whether a prosecution in required in the public interest. "It appeared that Mr. Jackson may well have been encouraged (to refuse) by other patrons of the bar," said Jones.

He said another factor was the date of the incident, the fifth day for the CRD clean-air bylaw that bans smoking indoors in public places, and a Tuesday after a holiday weekend.

Jones said he also looked at the length and expense of the prosecution.