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Bar owner plays race card to have smoking ban repealed
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| Jayx1 |
And rightfully so. Not just that the smoking ban is dumb, but why shouldnt it apply to natives as well?
Racism should have NO excuse.
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MICHELLE MACAFEE
Thu Feb 16, 7:21 PM ET
PORTAGE la PRAIRIE, Man. (CP) - The Manitoba government must either extend its provincial smoking ban to include aboriginal reserves or abandon the law altogether to give businesses a level playing field, a lawyer challenging the law argued Thursday.
In making a second attempt to have the ban declared unconstitutional, Art Stacey told an appeal judge the law discriminates against non-aboriginals because it doesn't apply to reserves.
As a result, his client Robert Jenkinson, who operates a motel and bar in Treherne, has seen a 35 per cent drop in business since the law came into effect Oct. 1, 2004 and has had to lay off 10 of his 18 employees.
He says many of his customers are going to bingo halls at two nearby reserves, where they are free to smoke.
The law "takes what was an otherwise level playing field and tilts it on the basis of race," Stacey told Queen's Bench Justice Albert Clearwater.
The 16-month-old law bans smoking in bars, restaurants and other public places but does not apply to reserves, military bases or other areas the government says are outside its jurisdiction.
Jenkinson was the first person charged under it. Last September he was convicted of 13 charges, including letting customers smoke, and was fined $2,550.
The case is being closely watched both by provinces that have similar legislation, such as Saskatchewan and New Brunswick, and by those planning it, such as Ontario.
It's believed Manitoba is the only province that deliberately exempted reserves.
Jenkinson said a lot of his initial supporters, some who showed up in court wearing Can the Ban T-shirts, have become doubters or had to turn their attention to their own financial struggles.
But he said he's determined to fight on.
"I feel very positive,"Jenkinson said during a break in the proceedings. "I really believe in the charter, I really believe in being a Canadian and I really believe in an even playing field."
Stacey said other factors adding to the discrimination argument include the fact Jenkinson is not allowed to move his business to a reserve because he's not a band member.
Aboriginals could also argue they are being treated unfairly because the government is not giving them the same protection against second-hand smoke as other Manitobans, he added.
Crown prosecutor Cynthia Devine argued Jenkinson doesn't meet the test for an equality case under the Charter of Rights and Freedoms because he's not part of a visible minority or historically disadvantaged group.
"How can it be said that Mr. Jenkinson belongs to a group that is being stereotyped?" Devine asked Clearwater.
"He has not been routinely discriminated against like some of Canada's minorities . . . The sole effect in this case is economic."
Even the economic argument is tenuous, she added, because Jenkinson chose to leave his ashtrays out the day the ban went into effect - before he could have possibly lost money.
Clearwater reserved his decision, but ended the day by asking Stacey some pointed questions about whether economic disadvantage amounts to discrimination.
He used the example of an accountant working near a reserve who might feel he's being discriminated against because he must charge his clients taxes while those who visit an accountant on the reserve would pay less.
"You're really asking the courts to move into the law-making business," said Clearwater.
"More and more, courts are being asked to weigh in on the quality of laws instead of the legality."
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| Jayx1 |
this infuriates me and is indicative to the kind of racism that pervades out country.
| quote: | Crown prosecutor Cynthia Devine argued Jenkinson doesn't meet the test for an equality case under the Charter of Rights and Freedoms because he's not part of a visible minority or historically disadvantaged group.
"How can it be said that Mr. Jenkinson belongs to a group that is being stereotyped?" Devine asked Clearwater.
"He has not been routinely discriminated against like some of Canada's minorities . . . The sole effect in this case is economic."
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Translation: You are white so discrimination doesnt happen to you. :rolleyes: :rolleyes: |
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| daves |
| well it's not necessarily discrimination... what IS the reason that the law doesn't apply to reserves? |
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| Abercrombie |
| All of us immigrated here at one time or another in our families. We're on THEIR land. Our aboriginals deserve a break. Native self-government has its issues, plenty, I'm very aware of that, but I as a Canadian respect the people who were here first. |
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| MarkT |
if taxes are not be charged on a reserve, isn't that the same thing? So *every* business within x kms of a reserve can claim undue discrimination due to economic disadvantage?
not gonna happen.
jay, you of all people should see this as a legislative issue, not one for the courts, right?
FWIW, I'm quite fine with the courts ruling on issues such as this one and interpreting the law (which I feel is their job)...but shouldn't you be advocating for this being taken up in Parliament for the gov't to amend the existing legislation instead of some "liberal court" deciding what amounts to a novel case?
so it's ok when the courts address an issue that you feel is worthy...but when they rule on other cases, it's an abuse of judicial power with judges making arbitrary decisions?
consistency, please ;) |
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| l]evil |
| so no1 thinks the court might drop the law cause of this? |
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| TO guy |
| quote: | Originally posted by l]evil
so no1 thinks the court might drop the law cause of this? |
It's a Manitoba case/law, so its not gonna affect Toronto anyways. |
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| Euphorica |
| quote: | Originally posted by Jayx1
Not just that the smoking ban is dumb |
you're dumb |
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| Jayx1 |
| quote: | Originally posted by Abercrombie
All of us immigrated here at one time or another in our families. We're on THEIR land. Our aboriginals deserve a break. Native self-government has its issues, plenty, I'm very aware of that, but I as a Canadian respect the people who were here first. |
If you use this line of thinking then pretty much everyone in the world is on "someone else's land" |
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| Jayx1 |
| quote: | Originally posted by MarkT
if taxes are not be charged on a reserve, isn't that the same thing? So *every* business within x kms of a reserve can claim undue discrimination due to economic disadvantage?
not gonna happen.
jay, you of all people should see this as a legislative issue, not one for the courts, right?
FWIW, I'm quite fine with the courts ruling on issues such as this one and interpreting the law (which I feel is their job)...but shouldn't you be advocating for this being taken up in Parliament for the gov't to amend the existing legislation instead of some "liberal court" deciding what amounts to a novel case?
so it's ok when the courts address an issue that you feel is worthy...but when they rule on other cases, it's an abuse of judicial power with judges making arbitrary decisions?
consistency, please ;) |
This irks me for so many reasons.
First, im not a fan of the second class native system. The quasi-nation status they have is ridiculous. Either incorperate them wholly into canadian society or negotiate a partition of the country and give them true sovereignty meaning they are on their own. The way it is now is unfair both to them and the rest of the country. We shouldnt continue to marginalize the native population.
Second, you are right in that this shouldnt be a decision by the courts. But im glad somebody is at least taking issue with the smoke ban and discrimination.
Third and most importantly, I cant beleive that in this day and age a CROWN ATTORNY who is someone who works for our government can get away with the kind of racism that she is uttering. Discrimination happens to white people too. Its time people realize that. And it's JUST AS WRONG as discrimination against others. To say otherwise is racist in itself. This woman deserves to face severe reprimand for this comment. If she had said this about any other group in society she would have been disbarred. |
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| Abercrombie |
| quote: | Originally posted by Jayx1
The quasi-nation status they have is ridiculous. |
But that's fact, like it or not. Their reserves are the last of the North American lands they used to own before any of us came here. Our country just surrounds their lands. They are citizens of North America.
If you don't respect the land your family immigrated to, how do you expect new immigrants to respect you, who is here before they? |
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| EvilTree |
| quote: | Originally posted by Abercrombie
But that's fact, like it or not. Their reserves are the last of the North American lands they used to own before any of us came here. Our country just surrounds their lands. They are citizens of North America.
If you don't respect the land your family immigrated to, how do you expect new immigrants to respect you, who is here before they? |
Any sort of historical claim gets really, really complex to resolve.
Imagine how many nations would have to have their boundaries redrawn. |
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