Bernie's Race Trac owner Bernie Heffner knew he wasn't going to win his case when he pleaded not guilty to his store selling smokes to a minor.

Still, he wanted to make a point.

And so Monday, he represented himself at a short morning trial where territorial court Judge Karen Ruddy found him guilty. She sentenced him to pay a $1,000-fine and an order to publish a notice of his conviction.

Both Crown prosecutor Ludovic Gouaillier and Heffner agreed on the circumstances of the case.

On Oct. 30, 2005, a minor working for Health Canada on a compliance check went into the store and was able to purchase cigarettes from the clerk.

It was the third time since 2004 that the store, located at Hamilton Boulevard on McIntyre Drive, had failed a compliance check. Health Canada followed its policy of issuing a warning the first time the business failed, then followed up the second time with prosecution where both the clerk and business pleaded guilty to the charges from April 2005, the court heard from tobacco enforcement specialist Heelah Woo.

On this offence, the clerk pleaded guilty to the charge while Heffner opted to plead not guilty.

Woo told the court that when she went into the store and told the clerk Health Canada would proceed again with prosecution, he told her he knew he should have asked for identification from the 15-year-old girl, but he thought she looked to be about 20.

Prior to going ahead with prosecution, Health Canada issues a warning the first time a business fails a compliance check. The store received the warning, but Heffner argued a list of suggestions typically provided with the warning was never received.

Woo told the court the warning would have likely been issued to the store clerk.

Throughout the case, Heffner argued the legislation should put the responsibility of IDing customers on the employee.

'I do what I feel is appropriate to inform my staff they are not to sell to minors,' Heffner stated.

Heffner is rarely at his store in Whitehorse, as he operates another business in Pelly Crossing. That leaves his staff usually just one staffer on at a time with the overall day-to-day work at the Race Trac.

A sign in the store along with verbal instructions are there to remind his workers of the need to ID, said Heffner.

Both he and Woo told the court he had contacted her to see what he could do to avoid having the business charged if an employee sells smokes to someone under age.

Suggestions offered though were aimed at big business rather than the smaller operations like Race Trac, he said.

One idea was for further training for employees by bringing in 10 people, having them line up and having the staff pick out the people who should be IDed.

Another suggestion involved having a special key installed in the till, something Heffner argued would involve buying a whole new system.

Woo told the court that Health Canada leaves it up to the business to decide how officials will ensure the legislation is being met.

'It's clearly the retailer's responsibility to ensure their business is meeting the law,' said Woo.

As Heffner pointed out during his cross-examination of Woo, other regulations such as those involving the sale of gasoline have guidelines that must be followed to ensure the law is being met.

The store clerk, who has since quit, also testified during the trial.

Following the testimony and closing arguments, Ruddy said while she sympathized with Heffner's plight as a small business owner, she did not agree he had done due diligence to ensure his staff followed the regulation.

'The obligation is on the business, not Health Canada,' said Ruddy.

She suggested Heffner read the list of ideas provided by Health Canada again and talk to other small business owners, many of whom are in Whitehorse and throughout the Yukon, about how they have made sure they meet the legislation.

It was Gouaillier who then proposed the $1,000-fine and publication order as the sentence. In making the sentence request, he pointed out that Heffner had not proceeded with a guilty plea, though he also acknowledged the store owner did not deny the offence but rather had a point to make.

The fine also needs to be more than the $500 paid after the first offence and should serve as a deterrent for other businesses, the lawyer said.

There's also a need to remember that it's an important piece of legislation, he said.

While Gouaillier agreed the fine should be reasonable for a small business to pay, he also said it also needs to denounce the crime.

When Ruddy asked Heffner if he wanted to make any comments on the potential sentence, he replied: 'I think I've said everything I wanted to say already.'

With that, Ruddy ordered the sentence, giving him one month to pay.