The Yukon's legislative assembly has a tremendous opportunity before it right now, says Rob Cunningham, a senior policy analyst and lawyer with the Canadian Cancer Society.

The territory's MLAs unanimously agreed to the passing of the NDP's Smoke-Free Places Act through second reading Wednesday.

If the legislation is enacted, the Yukon could become the jurisdiction with the best piece of smoke-free legislation in the world, said Cunningham.

'The Yukon can go from last in Canada to first in Canada and first in the world if it chooses to do so,' he told reporters. 'That's a tremendous opportunity that lies ahead.'

Cunningham, along with Kathryn Seely, sat in the visitors' gallery of the assembly yesterday. Up from Ottawa, representing the cancer society, they watched as the Yukon's 18 MLAs voted the legislation through the house and on into committee of the whole.

The legislation, which was tabled by NDP Leader Todd Hardy, is mirrored from similar legislation in Nova Scotia. The province's act is currently considered to be the best in Canada.

The NDP's nine-page private member's bill states no person shall smoke in any enclosed place that includes government buildings and vehicles, the correctional centre, day cares, schools, libraries, churches, health care facilities, movie theatres, pool halls, community halls, stores, restaurants and bars.

It goes on to state smoking can't occur on outdoor patios at restaurants or bars; that smokers can't light up within a prescribed distance of a doorway; and, that managers of facility where smoking is prohibited must tell people to butt out or refuse service.

'What we're trying to do here is get out in front and establish an excellent piece of legislation that meets the needs of the territory for the future,' Hardy told the Star.

The goal is to create a law to stand the test of time, said Hardy, and won't require further amendments in the immediate future.

It is unacceptable that Yukoners currently have less protection than other Canadians regarding the protection of their health from secondhand smoke, Hardy said.

Smoking and secondhand smoke is a contributing factor in the deaths of approximately 45,000 Canadians each year. It's considered to be one of the most preventible causes of death.

The Yukon continues have one of the highest smoking rates in Canada, at 28 per cent.

Approximately 11 per cent of Yukon adolescents smoke daily. Forty per cent have experimented with cigarettes or are former smokers.

For first nations adolescents, 60 per cent of girls and 47 per cent of boys smoke.

Hardy announced his intentions to tabled the legislation in April before the assembly met for its spring sitting.

He provided the bill to both the Yukon Party government and the Liberals. It was also sent out to the Yukon Medical Association, the Yukon Registered Nurses Association, the Yukon Public Health Association, the Yukon Federation of Labour, the Yukon Workers' Compensation Health and Safety Board, the Association of Yukon Communities, the Council of Yukon First Nations, the Whitehorse and Yukon chambers of commerce, the Canadian Cancer Society and Physicians for a Smoke-Free Canada.

Hardy said he is open to any recommendations to further strengthen or clarify the legislation. But he doesn't want to see it watered-down.

'This is not a partisan initiative,' said Health Minister Brad Cathers. 'This is an issue of tremendous importance to Yukoners and all Canadians.'

It is becoming widely accepted by the public that smoking and secondhand smoke can have severe impacts on one's health, said Cathers.

The government-side is committed to working with the NDP and the legislation to see it passed, he added.

The act is currently undergoing a technical review by the Departments of Justice and Health and Social Services.

There are some minor amendments that will need to be made to ensure the bill matches the Yukon's standards for law, he said, but some policy issues must also be addressed.

The government side is most interested how to regulate enforcement and compliance in relation to the act, said Cathers. Some review of who's responsibility it will be to ensure the law is enforced both in Whitehorse and the communities will need to be discussed, he said.

'It must be good policy and good legislation for the Yukon,' he said. 'There has to be some broad public support for it. Legislation doesn't work very well if the majority of the public is against it.'

During the second reading, Liberal Leader Arthur Mitchell presented several concerns about the legislation.

Mitchell questioned if the section of the legislation restricting smoking on outdoor patios and eating establishing is really necessary.

He also expressed concerns about the impacts of the smoking legislation on home-based businesses and enforcement mechanisms for managers trying to uphold the law in their establishments.

'We have to make sure we have legislation that is workable and practical and has the desired effect,' Mitchell told the Star.

Cunningham said some of the concerns put forward by Mitchell, especially in relation to smoking on patios, could cause the bill to become weaker.

'We would want to include a ban on patios to ensure there is a level playing field for all establishments,' said Cunningham.

Other comments brought forward by Mitchell can easily be addressed by small amendments similar to those in other parts of Canada, he added.

But, if anything, the act could actually be made stronger, said Cunningham.

Smoking could be banned in outdoor areas such as beaches and at sporting grounds or playgrounds, he said. It could also be applied to the ground of Yukon College and high schools.

The cancer society is also urging the Yukon to consider higher tobacco taxes, he said.

The Yukon currently has the lowest cigarette taxes in all of western Canada and among the territories.

A higher tax would work as a deterrent to children from smoking, because they are the most price-sensitive consumers, he said. It would also increase government revenue.

'It's a public health issue,' said Cunningham. 'People should not be exposed to poisons.'

The legislation was put before committee of the whole following second reading, but after no debate its status was reported back to the Speaker.

Hardy said it made little sense to start talking about changes or amendments until some type of public consultation had been done.

Though Hardy had previously hoped to see the bill pass through the house this sitting, in the spirit of working together, the NDP has agreed to go to consultation on the legislation in the summer months.

The public meetings will be conducted by the MLAs rather than the public officials the Liberal party had asked for.

'We believe because it is legislation that will have pretty sweeping impacts it is important that MLAs sit down and listen, especially in our communities,' said Cathers.

Mitchell said he still favours sending officials to the communities.

Public servants could began the work within weeks, he said, and wouldn't have the partisan slants MLAs might bring forward. Summer months also can result in poor numbers in attendance at consultations, he added.

'Everything doesn't have to be done through the bureaucracy,' said Hardy. 'Sometimes we have to do what is right. Sometimes we have to put ourselves out there and face the criticism, not just at election time, but on a daily basis when we are bringing forward a bill such as this that has some controversy to it.'

The legislation should be put through its final reading in the fall sitting of 2007, said Cathers. It could become law by the spring of 2008.