Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 30, 2006, Winnipeg, Manitoba Winnipeg free press monday october 30, 2006 Manitoba winnipegfreepress.coma7 charter not for White males province prepares to defend smoking ban by Steve Lambert a looming court Battle Over Mani Tobas anti smoking Law will hinge on whether the province must treat White bar owners the same As their aboriginal counterparts an Issue that could have implications across the country. The Section of the Law that exempted aboriginal reserves from the smoking ban was struck Down in August by jus Tice Albert Clearwater of court of Queens Bench who ruled it violated the charter of rights and freedoms. The Manitoba government is trying to Appeal the decision by arguing in part that the charter guarantee was not designed to provide a level playing Field for White males. Heather Leonoff director of constitutional Law in Manitoba a Justice depart ment said Manitoba wants to argue that the charter guarantee of equal treatment under the Law was meant to address historic wrongs. Not make everybody treated the same not level the playing Field necessarily but to have an Opportunity to address certain historically disadvantaged groups she said. The province argues that if everyone must be Winnipeg free press archives treated equally Robert Jenkinson under the Law frustrated employment equity programs and other initiatives designed to help Minori ties could be struck Down. The government also argues that financial losses suffered by non native bar owners who say their customers have flocked to smoker Friendly native casinos do not qualify As the effects of discrimination. Negative financial Impact occasioned by legislation has never been found to constitute discrimination within the meaning of Section 15,? the government says in documents filed with the court of Appeal earlier this month. The province will ask the court nov. 30 for leave to Appeal the decision. The lawyer who led the Battle against the smoking ban Art Stacey is preparing to fight the government Appeal. He said his client bar owner Robert Jenkinson whose conviction under the smoking Law was overturned wants to put the Issue to rest. He a determined to see this thing through but i think he a a Little frustrated that the government would to see the fundamental correctness of Justice Clearwaters decision Stacey said. Manitoba was among the first provinces to ban smoking in indoor pub Lic places including bars and restau rants in 2004. Premier Gary doer had hoped to avoid any Legal wrangling by exempting native reserves Federal prisons and other areas where the province Felt it did not have jurisdiction. But Clearwater ruled the province had not Only the right but the duty to enforce the Law on aboriginal land. The Appeal is being watched in other provinces where smoking Laws have Dif Ferent wording but the same practical outcome. If the Appeal is denied then i think it really sets the tone that governments will have to enforce their Laws on reserves said Tom Mullin head of the Saskatchewan hotel and hospitality association. While Saskatchewan a smoking Law does not specifically exempt reserves band councils have been allowed to get around it by adopting their own less restrictive smoking bylaws. As a result native run smoker Friendly casinos have opened near Prince Albert and other communities. Native leaders in Manitoba have threatened to do the same if the govern ment tries to enforce its Law on reserves. ? Canadian press think Cadillac think Jim Gauther Chevrolet our Cadillac sales Are up Over 400% i Brief uni City taxi Board to stay uni City taxis Board of directors received a narrow vote of Confidence sunday afternoon at a shareholders meeting. A vote to remove the Board was Defeated by just six votes. More than 200 uni City shareholders attended Mcphillips streets Days inn to vote on whether they approved of the manner in which uni City a Board dealt with litigation involving seven taxis suspended from the company. The litigation against uni City ? initially launched at least five years ago ? finished winding its Way through the courts in May. The same Board of directors has been in place at uni City for the last three years. Brandon officer critical Brandon ? there s no change in condition for a Brandon police officer seriously injured when thrown from an Sun. Brandon police service const. Heather Mowat 30, was still listed in critical condition yesterday in a Winnipeg Hospital. Mowat was off duty when driving Marc Gallant / Winnipeg free press North along 34th Street thursday night when the 1998 Toyota rav4 struck an Asphalt approach and flipped. Celebrating by giving Mowat the Only person in the vehicle suffered head and spine injuries. Fisher ruled out alcohol and Speed a local Muslim students completed their Ramadan Campaign against hunger by donating food they col causes for the crash. Elected to Winnipeg Harvest yesterday. Bruce Michalski left of Winnipeg Harvest joined students to it in t known at this Point whether thank them and collect their donations at Kelvin High school yesterday. Mowat was wearing a Seatbelt. Mowat has nearly three years of experience with the bps. To daa Kaaa introducing the All new or a. Its the blending of form and function. Where substance intersects with style. Where an i Utec Power Plant punches out 166-horsepower performance and a completely new Forward thinking design draws admiring glances. 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