Precedent-setting' trial forecast
The definition of a public place could become a little clearer on June 9, in what justice of the peace Dean Cameron said could be a 'precedent-setting' trial.
The definition of a public place could become a little clearer on June 9, in what justice of the peace Dean Cameron said could be a 'precedent-setting' trial.
That's when at least two parties charged under the smoking bylaw will argue their case before a judge.
In bylaw court this morning, Cameron scheduled the half-day trial of the '98 Hotel and Pamela Mullin to be heard before a judge after the two pleaded not guilty to the charges.
Since it could be a precedent-setting case, Cameron suggested it should go before a judge.
The '98 is charged with permitting people to smoke in a public place while Mullin is charged with smoking in a public place.
However, both Mullin and '98 manager Barney Roberge indicated they plan to argue that the hallway of the hotel is not a public place open to the general public.
Meanwhile Brian Santa, who's facing a charge of smoking in a public place, is scheduled to be back in court on April 11 after he sent a representative, court worker Margaret O'Brien, to enter a not guilty plea to the charge.
After entering the plea, the city's lawyer, Lori Lavoie, indicated there hasn't yet been an indication of what Santa plans to argue in defending his case. If a legal issue is raised, it may have to go to a judge, she said.
When Mullin and Roberge had their court date scheduled, Cameron suggested that if Santa ends up making similar arguments in his case, the trial could be moved to June 9 to be heard with the other two cases.
The bylaw banning smoking in bars came into effect in January 2005.
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