Whitehorse Daily Star

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Photo by Vince Fedoroff

TOUTING FRESH AIR ON WHEELS - Scott Kent (left) of the B.C./Yukon region Canadian Cancer Society and NDP Leader Todd Hardy discuss the proposed vehicle smoking ban during this morning's news conference.

Fentie non-committal on vehicle smoking ban

Yukoners could be banned from smoking in vehicles carrying people under the age of 19 as early as Oct. 1 if the territorial Smoke-Free Places Act passes as the NDP is now proposing it.

By Stephanie Waddell on March 13, 2008

Yukoners could be banned from smoking in vehicles carrying people under the age of 19 as early as Oct. 1 if the territorial Smoke-Free Places Act passes as the NDP is now proposing it.

At a press conference this morning, NDP Leader Todd Hardy outlined the proposed amendments to the bill the NDP brought forward last spring.

While the NDP proposed the original bill, last fall, the Yukon Party government (following recommendations by a select committee on the smoking ban) indicated it would draft new legislation for consideration during the coming spring sitting.

In the meantime, the NDP decided it would continue to work on its own proposal, not feeling confident the government would bring its own forward in time.

Then, a couple of months ago, Hardy met with Premier Dennis Fentie, who indicated the bill was not flawed, but that changes were needed.

The Justice department was made available to the NDP to come up with proposed amendments to the original bill.

"I was very pleased," Hardy said of the meeting with Fentie.

He noted the move suggests the premier recognized the trend across the country in banning smoking and that it is generally a good bill that was proposed.

After two months of work, the NDP plans to introduce the 19 amendments as soon as possible after the legislature is back in session a week from today.

While most of the amendments are general housekeeping, the major change comes with the proposed ban on smoking in vehicles carrying anyone under 19.

"That was brought forward by the Canadian Cancer Society," Hardy told reporters this morning. "We have strengthened this bill by putting that in."

While the original recommendations didn't include the ban in vehicles, a motion brought forward by the Liberals last fall would have banned smoking in vehicles where there are young people, Darius Elias, the Liberal MLA who sat on the select committee, recalled today.

The move in banning smoking in vehicles where there are minors would make the Yukon the fourth provincial/territorial jurisdiction to go forward with it.

Nova Scotia has already passed legislation (though it still has to be enacted) while Ontario and B.C. are moving forward with their own legislation as well, Hardy noted.

"This reflects the trend happening across the country," he told reporters.

By putting the clause in now, it would mean the legislation doesn't have to be reopened soon after it has passed, he said.

The law would ban smoking in almost all public places in the territory as well as vehicles in order to protect children and teenagers.

There are no proposed regulations to ban smoking in homes where there are children present.

The concentration of smoke in a home is generally less than in a vehicle in which people are smoking, and at some point, there has to be a limit placed on how far into private property the law goes, he said.

Already there are many smokers who recognize the need to smoke outside, away from their children.

Hardy hopes the proposed law will inspire some smokers to quit.

"Sometimes you need laws to move people along," he said, noting that it wasn't all that long ago when drivers could crack a beer open, get into their cars and drive home. An NDP government banned that practice in 1985.

Now, that behaviour is virtually unheard of, he said.

Just how the ban would be enforced would be outlined in the regulations, though Hardy said he would like to see fines in place that would be a detriment, but at the same time not send offenders to the "poor house".

Whether a government inspector (similar to the liquor inspector or RCMP) would enforce the act would be another decision for the government when the legislation is passed.

It's proposed that the legislation would take effect on Oct. 1, rather than the original date the NDP pushed for - June 1.

It's unlikely the regulations would be ready for June 1, and public input indicated business owners wanted to wait until after the peak tourist season for the law to be in place, Hardy explained.

Scott Kent of B.C./Yukon region Canadian Cancer Society said he would have been surprised four or five months ago at the proposal in the Yukon for a ban on smoking in vehicles where there are minors.

This morning, though, it didn't come as much of a surprise, he said, given that other regions are moving forward with similar laws.

The cancer society may play a role in education on the initiative, though the capital city has been under a general smoking ban since 2003.

"It will be an adjustment period in the communities," Kent said, before noting the Yukon has one of the highest smoking rates in the country, at just under 30 per cent.

Neither Fentie or Elias would state whether they support the new bill, with Elias arguing he has yet to see it.

"I'll wait and see when the legislature reconvenes next week," Elias said.

He noted his support would require the six recommendations of the committee and the vehicle smoking ban (where children are present) to be in place.

"This needs to be done soon," he said.

If, at the end of the day, the health of Yukoners is taken care of, he would likely support the bill, he said.

Fentie, meanwhile, said the move to continue with Bill 04 shows the government's willingness to work with the opposition.

Today is not the day to state whether he agrees or disagrees with the changes; rather that is for a time in the legislature, the premier told the Star.

Bill 104 is still on the order paper in the legislature to be dealt with, but just when it will come forward will depend on the orders of the day, he said, noting the spring sitting is set to be a busy one.

"We're looking forward to debate," he said.

Comments (2)

Up 0 Down 0

Thomas Laprade on Mar 29, 2008 at 2:55 am

Dear Editor, Mar. 29/08

I'm afraid that the proposal to ban smoking in cars occupied by children represents an

unwarranted intrusion into the privacy and autonomy of parenthood. The autonomy to

make one's own decision about risks to subject a child to is not to be interfered with lightly.

It should only be done in cases where there is a substantial threat of severe harm

to the child. Interfering with parental autonomy in a case where there is only minor

risk involved is unwarranted.



Thomas Laprade

480 Rupert St.

Thunder Bay, Ont.

Up 0 Down 0

trina on Mar 13, 2008 at 9:38 am

What?? Why does this have to go through... Why are the lawmakers making our lives hell. We cant smoke in the restaruants, we soon can't smoke in our cars... pretty soon we won't be able to smoke in our own homes. We will have treat Tobbaco like marijanuna and hide when we light up. Ill take the fines, i'm not giving into this circus of a government

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