New smoking law now in force in Saskatchewan

Page 8

Smokers in Saskatchewan have found themselves out in the cold now that the Tobacco Control Amendment Act has come into effect. The act, which came into force on Jan. 1, prohibits smoking in all enclosed public places including bars, restaurants, bingo halls, casinos, taxis and private clubs.

In addition to legislating smoke-free indoor public places the act also gives municipalities the jurisdiction to create bylaws restricting smoking in outdoor public places, including open air sporting events and the entrances to public buildings. It also bans the sale of tobacco products in businesses frequented by youth, such as theatres, arcades and amusement parks.

The act addressed the traditional use of tobacco, stating that the ban does not apply when tobacco is used "for traditional Aboriginal spiritual or cultural practices or ceremonies, if the use of tobacco or tobacco-related products is an integral part of the traditional Aboriginal spiritual or cultural practices or ceremonies being carried out in the enclosed public place."

There is a 60-day grace period in place to ensure all businesses and their patrons understand the new law. And, while the department doesn't plan on handing out any fines during that time, Saskatchewan Health Minister John Nilson has stressed that any businesses or individuals who repeatedly flout the new law may be charged.

"One hundred per cent smoke-free enclosed public places became law in Saskatchewan on Jan. 1," Nilson said. "We are a law-abiding society. The majority of our citizens-over 75 per cent-are also non-smokers. With a clear understanding that this law is now in effect, and with the majority of Saskatchewan people wanting smoke-free public places, I believe everyone will want to comply with this legislation."

Enforcement of the new smoke-free public places law will fall to public health inspectors throughout the province.

The Saskatchewan government is not alone in taking a tough stand against smoking. Five municipalities within the province-Moose Jaw, Saskatoon, Humbolt, Yorkton and Prince Albert-have already passed municipal bylaws prohibiting smoking in enclosed public places and similar laws are already in place in Nunavut, the Northwest Territories, Manitoba and New Brunswick, while Ontario and Newfoundland have announced plans to bring in similar legislation.

"Tobacco use is the leading cause of disease and premature death in Canada," Nilson said. "Our government is committed to protecting the health of Saskatchewan people, reducing tobacco use in this province and stopping preventable disease. We are committed to building safe and healthy lives across this province. And we are committed to supporting those who are taking responsibility for protecting their own health and the health of their families and communities."

While all enclosed public spaces that fall within provincial jurisdiction must now be smoke-free, questions still exist regarding what will happen in enclosed public places in First Nation communities. Of particular interest to many is the question of whether smoking will be banned in the four casinos owned by Saskatchewan First Nations and operated by the Saskatchewan Indian Gaming Authority (SIGA--Northern Lights Casino, located in Prince Albert and owned by the Peter Ballantyne Cree Nation; Gold Eagle Casino in North Battleford, owned by Mosquito, Grizzly Bear's Head, Lean Man First Nations; Painted Hand Casino in Yorkton, owned by Sakimay First Nation, and Bearclaw Casino, owned by White Bear First Nation and located on reserve.

When questions came up regarding whether the four SIGA-run casinos would be falling in step with the new act the Federation of Saskatchewan Indian Nations (FSIN) was quick to assert the right of the individual First Nations to make that decision.

"In any situation where federal legislation, including a First Nations bylaw, is inconsistent or at odds with provincial legislation, the federal legislationtakes precedent in any cases where division of powers allow for this," FSIN Vice-Chief Morley Watson said in a press release issued on Dec. 20.

"There is a temptation to frame this as a health issue, a casino issue or a smoking issue. That is simply not the case. The issue is jurisdiction, and within that, the ability of First Nations to create their own laws that are truly reflective of their communities. The right to do so has been in existence and utilized for years. It is true today. It will be the case in the future."

The province has no quarrel with the FSIN regarding the right of Saskatchewan First Nations to create their own bylaws regarding smoking in public places, said Minister of First Nations and Metis Relations Maynard Sonntag. The province is involved in ongoing discussions with the FSIN and the four First Nations that own the casinos to see if some arrangements can be made to make the casinos smoke-free.

While Watson framed the issue as one of jurisdiction, to the province this is clearly a health issue, Sonntag said-a health issue that is important to many First Nations people.

"We've always, I guess, presumed, up until fairly recently, that the casinos would comply with legislation, believing that it was a health issue as opposed to a jurisdictional issue," he said.

"I mean, it's one of the leading causes of heart disease, of lung problems and cancer ... it certainly hastens and complicates diabetes and results in, often times, unfortunately, limb amputation. I mean, I don't need to go through the list of stuff, but First Nations people are acutely aware of the health issue as well."

While discussions are ongoing, Maynard Sonntag is hopeful some agreement can be reached on this issue.

"Ideally, the province would like to see a circumstance where the same sets of rules applied both on and off reserve," Sonntag said. "I appreciate the co-operation of the First Nations ... I respect their jurisdiction on this issue and am just hopeul that we can find some common ground."

From the perspective of SIGA, which manages the four casinos on behalf of the First Nations, any casino that is not governed by an applicable First Nation bylaw by the time the province's 60-day grace period is over will have to comply with the Tobacco Control Amendment Act.

"Our board and our casinos, we all have to follow the applicable laws that are in place," said Tom Semaganis, director of public relations for SIGA.

At least two of the four First Nations have already taken steps to put such bylaws in place, he said. White Bear First Nation has developed a bylaw and has submitted it to the federal government for approval, and Sakimay has a bylaw already in force, but which has yet to be implemented within the Painted Hand Casino. That bylaw will set aside 60 per cent of the casino as non-smoking.

The Painted Hand Casino has actually been 100 per cent smoke-free since July 1, 2004, Semaganis said. That's when Yorkton's municipal bylaw banning smoking in public places took effect. The casino is located on an urban reserve within the municipality.

"We had to go non-smoking because Sakimay First Nation, who owned that land, didn't have an applicable bylaw in place on smoking," Semaganis said.

In the first few months that Painted Hand was 100 per cent smoke free, revenues dropped about 20 per cent, he said, but after three or four months the amount of money coming into the casino returned to normal levels.

While each First Nation has the authority to develop their smoking bylaws as they see fit, Semaganis is hoping they each take a similar approach.

"From SIGA's perspective we would like to see some consistency in those bylaws," he said.