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Friday, October 21, 2005
Who’s standing up for tobacco farmers? -ON
The Woodstock Sentinel-Review
Linda Duguay - Ont. Monday October 17, 2005
Woodstock is in Oxford County, one of the few counties that grows tobacco in Canada. There is a need for this product obviously. There are smokers.
Ignoring the farmers who are caught in the middle of the debate shows a complete lack of compassion by the newspaper for the families and friends and neighbours being devastated by these events.
The Flue board was forced to accept lower tobacco prices and lower volumes this year, because of lower-priced imported tobacco and higher cigarette taxes. The amount of imported tobacco has risen to about 10 million pounds, from four million over the past five years. Rather than protecting the economy our government, with its ill conceived social engineering agenda is destroying farms and businesses, causing Ontario to become a "have not province.’’
There is still at least 20 per cent of the Canadian population smoking, according to Stats Canada. Although it makes you wonder how many there really are, crime rates have increased, smuggled and contraband tobacco has become a big underground business. There are pesticides and different curing process in foreign tobacco, which may endanger the smokers.
In other words there is a need for quality Ontario tobacco.
"When you take $150,000 out of the cash flow of an individual (farmer) in three years’ time, it hurts big time," Brian Edwards, president of Tobacco Farmers In Crisis, said in April. Since June OCAT (Ontario Coalition Against Tobacco) has asked people to "contact MPPs in your province/riding to ask that funding be restored to Health Canada’s tobacco control program prior to funding being given to tobacco farmers."
It’s obvious that OCAT cares more about its continued government funding than reasonable legislation and supportive funding to productive, taxpaying farmers and citizens.
It’s also obvious the tobacco control extremists realize how much they are actually hurting people who just want to be able to live. Increased funding for their "charity" and its highly paid executives is obviously more important to them, than providing support for the farmers in your area who are being forced into bankruptcy.
I agree with Nancy Daigneault of mychoice. We do need honest and factual information from both sides of the issue.
The president of Action on Smoking and Health said in January that banning smoking in workplaces doesn’t hurt businesses. "Five provinces and territories have already brought in universal smoking bans,’’ he said. "The only industry that is affected by smoking bans is the tobacco industry.’’
All of the evidence from areas already subject to smoking bans proves that the actual damage to the economy is widespread and negatively effects the jobs of people in many different walks of life.
The damage to farmers is just the tip of the iceberg; we should all worry about.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2083
**http://www.woodstocksentinelreview.com/story.php?id=190348
McGuinty Government Establishes Smoke-Free Ontario Campaign Committee -ON
Health Care Experts And Community Leaders To Champion A Smoke-Free Ontario
TORONTO, Oct. 17 /CNW/ - Health Promotion Minister Jim Watson today announced a new committee that will help the McGuinty government carry out its Smoke-Free Ontario campaign.
"Our Smoke-Free Ontario campaign is protecting people from second-hand smoke, preventing young people from starting and giving people the tools they need to quit," Watson said. "We've put together a group of health care experts and community leaders to help us move toward a smoke-free province."
The goal of the campaign is to reduce tobacco consumption by 20 per cent within two years by combining strong provincial legislation with community programs in schools, workplaces and other settings. The McGuinty government is investing $50 million in the Smoke-Free Ontario campaign to prevent premature death and many chronic diseases associated with smoking.
The 15-member committee, chaired by Minister Watson, will provide advice to the government as it:
- Develops regulations for the Smoke-Free Ontario Act
- Prepares for enforcement of the new act on May 31, 2006
- Rolls out educational programs this fall, aimed particularly at young people
- Creates a provincial smoking cessation system
- Evaluates the results of the campaign.
The Ministry of Health Promotion was established in June 2005 to promote healthy, active living in Ontario. It is responsible for improving and delivering programs that contribute to healthy living and wellness in this province. Key priority areas include Ontario's anti-smoking strategy, nutrition, physical activity, injury prevention and mental health and addictions.
www.healthyontario.com www.mhp.gov.on.ca.
Backgrounder
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SMOKE-FREE ONTARIO CAMPAIGN COMMITTEE MEMBERS
The new Smoke-Free Ontario Campaign Committee will provide expert advice to help Ontario reduce tobacco consumption by 20 per cent by 2007. Jim Watson, the Minister of Health Promotion, chairs the Committee.
John Beaucage (North Bay)
John Beaucage was formerly Chief of the Wasauksing First Nation near Parry Sound and is presently Anishinabek Nation Grand Council Chief and President of the Union of Ontario Indians. He is a strong advocate of reducing the non-ceremonial use of tobacco products.
Dr. Ted Boadway (Toronto)
Dr. Ted Boadway, executive director of health policy for the Ontario Medical Association, received the Queen's Golden Jubilee Medal in 2003 for exemplary work in tobacco control. He has led the OMA fight against tobacco.
Peter Goodhand (Toronto)
As CEO of the Canadian Cancer Society's Ontario Division, Mr. Goodhand leads an organization that has one of the longest-standing tobacco-control commitments in the province.
Steve Goren (Toronto)
Steve Goren, past president of the Ontario Dental Association has played a significant role in the initiation of the Clinical Tobacco Intervention
program which offers continuing education to dentists, physicians and pharmacists to help their patients quit smoking.
Marc Kealey (Toronto)
Marc Kealey is the chief executive officer of the Ontario Pharmacists' Association and a strong supporter of the Clinical Tobacco Intervention program.
Michael Perley (Toronto)
Michael Perley, executive director of the Ontario Campaign for Action on Tobacco has been a leader in tobacco control for more than a decade. He joined OCAT in 1993 as it supported the passage of tobacco control acts in Ontario, Manitoba, Quebec and Nova Scotia.
Dr. Andrew Pipe (Ottawa)
Dr. Andrew Pipe is head of the Division of Prevention and Rehabilitation at the University of Ottawa Heart Institute and Founding Chair of Physicians for a Smoke-Free Canada. Dr. Pipe is a researcher in smoking cessation, a strong advocate for tobacco control policies and a leader in the campaign to end tobacco sponsorship of amateur sport.
Manu Malkani (Toronto)
As president and CEO of the Ontario Lung Association, Manu Malkani has been instrumental in developing public education campaigns that warn young people about the dangers of smoking.
Isabelle Michel (Sudbury)
Isabelle Michel, manager of professional practice and development at the Sudbury & District Health Unit has experience and understanding of the role of public health in addressing tobacco control.
Merle Nicholds (Ottawa)
Merle Nicholds, former mayor of Kanata, is an active community volunteer for asthma and cancer awareness campaigns. Nicholds also has a background in public health nursing.
Jenny Rajaballey (Cambridge)
Jenny Rajaballey is the integrated vice-president of Mental Health and Community Services at Cambridge Memorial Hospital and Grand River Hospital in Kitchener. She brings expertise in tobacco control compliance and implementation to the committee.
Rocco Rossi (Toronto)
Rocco Rossi, CEO of the Heart and Stroke Foundation, is a key player in the fight against tobacco use. He has been a leading advocate against tobacco advertising aimed at young people.
Dr. Terry Sullivan (Toronto)
Dr. Terry Sullivan, president and CEO of Cancer Care Ontario, is a leader in developing tobacco control policy and has headed up previous government committees dealing with anti-smoking initiatives. In 2003, he chaired the committee that produced the landmark report, Cancer 2020, in partnership with the Canadian Cancer Society and public health authorities which laid out targets for cancer prevention.
Michelle Tham (Mississauga)
Michelle Tham, a second-year student at Ryerson University, has been involved in youth tobacco activities since the age of 15. She was part of a group of young people that helped develop the Ministry's STUPID.CA campaign which is aimed at turning youth away from tobacco use.
Carol Timmings (Toronto)
Carol Timmings, director of chronic disease prevention at Toronto Public Health has more than 20 years of experience in developing a broad range of public health promotion programs including a comprehensive tobacco control strategy for the City of Toronto. Timmings served on the advisory board for the Ontario Tobacco Research Unit.
www.healthyontario.com www.mhp.gov.on.ca.
Version française disponible
For further information: Rui Manuel Estevao, Minister's Office, (416) 326-8497; Julie Rosenberg, Communications Branch, (416) 326-4360
http://www.newswire.ca/en/releases/archive/October2005/17/c1955.html
Stuff that in your pipe!
By Anthony Oluwatoyin Monday, October 17, 2005
You probably have it committed to memory by now, and without any effort on your part. I speak of the best piece of gross, crossover propaganda since that porn film classic with that actress who used to be on the Ivory Snow box ads.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2133
Here’s to butting out -NS
Editorial October 17, 2005
THE Nova Scotia government deserves strong praise for its far-sighted decision to ban smoking in all indoor public spaces by December of 2006.
The legislation to do so, introduced by Health Promotion Minister Rodney MacDonald last week, would ban smoking in bars and restaurants, including sidewalk cafes and patios, private clubs, casinos, legions and in all workplaces. Mr. MacDonald says the smoking ban would be the toughest in the country, making Nova Scotia a national leader in putting legislative muscle behind health promotion rhetoric.
The rationale behind this decision is unassailable. Smoking, both for those doing the puffing and those breathing in their secondhand smoke, is a health care scourge, linked to increased incidence of cancer, cardiovascular disease, emphysema and many other ailments. Those who loudly proclaim the government should not impede their “right” to smoke have it backwards; non-smokers have every right to be able to move about in society freely without their health being jeopardized by the actions of smokers. Since all of us pay the costs of treating smoking-related illness, the state certainly has the right, if not the duty, to prohibit that harmful activity in places under its jurisdiction. It’s also worthwhile pointing out that dire predictions of economic calamity due to the current restrictions on smoking have not materialized. Smokers will still have the right to puff away on their own property, but not in public places where points of view other than their own, and clear medical evidence, must be considered.
Some critics say the ban should come more quickly, but that hardly seems fair to those, like restaurants, bars and legions, that will need some time to adjust. The timetable for a total ban, which the government had already indicated was coming, has already been moved forward from the suggested original date of 2008. Others question if such a ban is enforceable. We believe that, while there’ll always be those who bend and break the rules, most people will comply; businesses will certainly hear from patrons about those diehards who ignore the message.
Health promotion officials say that while smoking on school grounds is already prohibited, they’ll be working with school boards to ensure that youth receive the consistent message that taking up smoking is a deadly habit.
Going forward, at least one native leader has questioned the province’s stance that the new law will also apply to First Nations reserves. While there’s obviously the potential for legal disputes over this issue, we urge both sides to work together to tackle what is undeniably a serious health problem, with serious repercussions, everywhere, including reserves.
http://thechronicleherald.ca/Editorial/459420.html
Ruling on tobacco opens Pandora's box
What ever happened to freedom of choice, mutual respect and taking responsibility for your choices and actions?
Where will it end? First, suing tobacco companies for expenses incurred by the health-care system for people who choose to smoke.
This is a legal and taxed product. One would think the taxes received would help to offset the use of the health-care system. How much is the lawsuit going to cost the taxpayers?
What happens to the health-care system when someone decides to drink and damages their liver? Are we going to sue the breweries?
What next? Are we going to sue the makers of televisions and video games because someone needs to use the health-care system due to obesity?
Where will it end, and how much is it going to cost the taxpayer?
Living in a free country should mean you have the freedom to choose and if the choices are unwise ones, suffer the consequences -- but in this country, everyone should have access to the health-care system.
This letter is written by someone who never smoked but believes everyone has the right to choose.
Wilma Douglas London
http://lfpress.ca/newsstand/Opinion/Letters/
Don't just complain -ON
Deborah Canne-Leon Monday October 17, 2005
Editor:
I would like to take a few moments to talk about Canadians. Hopefully, more than just a few will take the time to read this letter.
Every few days I take the time to read letters and opinions from your readers. It totally astounds me how quickly people get over these little irritants that they write of -- cigarette prices, gas prices, no smoking law and so on.
Well I have just one thing to ask these complainers … why don’t you do something other than just complain? For instance, smoke cheaper cigarettes, cut back, or whatever it takes to hurt the government money pool. Gas prices? Walk, take a bus, ride a bike or carpool, just for a few months, just long enough for the money loss to kick in. No smoking laws? Well, even as a smoker myself, I really don’t mind the inconvenience, but as an adult I do mind being told what to do!
So come on Canadians, we really can do more than just complain.
Deborah Canne-Leon St. Thomas
http://www.stthomastimesjournal.com/story.php?id=190446
Pot less of a cancer risk than tobacco, study suggests
By ANDRÉ PICARD PUBLIC HEALTH REPORTER
Tuesday, October 18, 2005 Page A23
Nicotine in cigarettes appears to boost carcinogenic properties, researchers find
Marijuana smokers are less likely to contract cancer than cigarette smokers, new research suggests.
While cannabis and tobacco smoke are chemically similar, the key difference is that cigarettes contain nicotine, which appears to bolster the cancer-causing properties of tobacco, while cannabis contains tetrahydrocannabinol (THC, the active ingredient in pot), which may actually reduce the carcinogenic properties of some chemicals.
"Current knowledge does not suggest that cannabis smoke will have a carcinogenic potential comparable to that resulting from exposure to tobacco smoke," said Robert Melamede, chairman of the department of biology at the University of Colorado at Colorado Springs.
The new study, published in today's edition of the medical journal Harm Reduction, is a review and analysis of research that has already been published.
The research has important political implications in the ongoing debate about medical marijuana.
One of the principal reasons public-health officials and medical experts oppose the use of marijuana as a prescription drug is the belief that the risks outweigh the benefits, and the fear that endorsing medical marijuana undermines anti-smoking campaigns.
Marijuana contains about four times the level of tar found in cigarettes, and is believed to place smokers at risk of lung cancer and other cancers related to smoking.
But Dr. Melamede said there is no solid evidence that cannabis smoking increases the risk of lung cancer or other cancers related to tobacco smoking such as breast, colon and rectal cancer.
He said there is evidence from studies done on laboratory rats that the THC in cannabis smoke "exerts a protective effect" against potential carcinogens and evidence that nicotine found in cigarettes activates the growth of tumours.
"While both tobacco and cannabis smoke have similar properties chemically, their pharmacological activities differ greatly," Dr. Melamede said.
But Roberta Ferrence, director of the Ontario Tobacco Research Unit and professor of public health at the University of Toronto, expressed grave doubts about the research, likening it to splitting hairs.
"It may be that cannabis is slightly less carcinogenic but tobacco smoke is extremely carcinogenic so that doesn't tell us very much," she said.
Dr. Ferrence said that most carcinogens are a byproduct of combustion, so "anything you burn and inhale is going to be carcinogenic -- including tobacco and cannabis. There is no way, based on this research, that you can say that smoking cannabis is safe."
She also noted that many people who smoke marijuana mix it with tobacco, and that makes the chemical distinctions moot. "From a public-health perspective, smoking is smoking," Dr. Ferrence said.
Tobacco smoke contains more than 4,000 chemical compounds, dozens of which are known carcinogens.
An estimated 5.1 million Canadians, or 20 per cent of the population 15 and older, report smoking cigarettes regularly, according to the Tobacco Use Monitoring Survey. More men (22 per cent) smoke than women (17 per cent).
By contrast, an estimated three million people, or 12.2 per cent of those 15 or older, reported that they smoked marijuana at least once in the past year, according to Statistics Canada.
Nearly half (47 per cent) of those who had used cannabis in the previous year smoked less than once a month, 10 per cent reported weekly use, and another 10 per cent said they smoked pot daily.
Canada has had a medicinal marijuana program since 2001. Since then, Health Canada has issued about 750 licences for people to smoke marijuana for the treatment of chronic pain and other ailments.
http://globeandmail.com/servlet/ArticleNews/TPStory/LAC/20051018/HSMOKE18/TPHealth/?query=cancer
Question dangers of second-hand smoke
Dr. Asselbergs - Ont. Tuesday October 18, 2005
Re: Many inaccurate claims in column (letter to the editor, Oct. 5)
The Woodstock Sentinel-Review — Michael Perley believes, like I do, that smoking isn’t necessarily good for one’s health.
However, the debate over SHS (second-hand smoke) or more accurately ETS (environmental tobacco smoke) is far from settled.
There have been many studies done on ETS. A vast majority of these studies have found ETS to be an insignificant risk. Most studies assign a relative risk factor, or RR. Anything over 3.0 is considered significant.
Most studies indicate a RR factor of less than 2.0
The landmark study into ETS was carried out by the International Agency for Research on Cancer, through the World Health Organization in 1998.
This study found no evidence of ETS being harmful. Again, it concluded insignificant risk.
The economic impact caused by smoking bans cuts deep.
All these studies and/or their abstracts can be found in libraries or on the Internet.
I suggest each and every citizen in Ontario concerned with this issue to educate themselves.
I would also like to challenge Michael Perley to specify how many people are actually receiving WSIB compensation, due to illnesses caused by ETS.
This sort of statistic is not published by the WSIB.
It is time to allow the hospitality industry to decide for itself as to its smoking policy.
It is known as letting the market forces decide, without interference from lobby groups which have only their self-interest at heart.
http://www.woodstocksentinelreview.com/story.php?id=190683
N.S. passes law to sue tobacco firms
Broadcast News Tuesday, October 18, 2005
HALIFAX - A bill that gives Nova Scotia the legal authority to sue big tobacco companies has been approved in principle.
The legislature last night passed second reading of the Conservative government's proposal to recover billions of dollars in smoking-relating health care costs from the industry.
The measure was given speedy passage by all three parties.
Government house leader Ron Russell says he's not surprised by the absence of debate.
He says across the country smokers are creating a drain on the health care budget and MLAs realize that.
New Democrat Howard Epstein says the government shouldn't even bother with legislation and just present the tobacco companies with a bill.
Kevin Deveaux, the NDP house leader, says Premier John Hamm's government let British Columbia do all of the heavy lifting when it fought the matter to the Supreme Court of Canada.
In passing it quickly, Deveaux says the Conservatives now sees dollar signs and the potential of improving the province's bottom line.
The bill will be rubber stamped by a committee and faces one more vote.
http://www.canada.com/maritimes/globaltv/story.html?id=4bb1c6e1-bcc0-4be1-9a18-8a190337fc82
RE: PAT Dube's Oct. 15 letter about smokers not going to bingo anymore because of the smoking bylaw. Pat, have you ever thought that maybe those smokers aren't as addicted to bingo as you are?
Vicki Baird
(Ouch.)
http://www.edmontonsun.com/Comment/Letters/2005/10/18/1267311.html
Smoke-free, safe psych wards are possible: expert... but alternatives must be available -AB
By ELIZA BARLOW, EDMONTON SUN October 19, 2005
An Alberta psychiatrist who's an expert in tobacco addiction says it's possible to ban smoking in psychiatric facilities without putting staff or patients at risk.
Dr. Charl Els said most evidence shows smoking bans on psych wards don't lead to an increase in violence - as long as patients get nicotine patches, gum, inhalers and, in some cases, smoking cessation drugs like Zyban.
"We do know they can go through it in a very comfortable fashion," said Els, speaking yesterday at a Capital Health lecture on helping patients cope with smoking bans.
Capital Health's ban on smoking on all its property came into effect Oct. 3. But the six smoking rooms remaining in the region - most of them used by psych patients - will be phased out with a target date of April to have them all shut down.
Els said the ban is being done more gradually for psychiatric patients because their physical addiction to smoking is stronger than that in the general population.
About 50% of psychiatric patients are smokers, compared to about 20% of the general Canadian population - and up to 90% of schizophrenia patients are daily smokers, said Els. Nicotine seems to relieve some of the effects of mental illnesses, he said.
Dr. James Talbot, associate medical officer of health for Capital Health, said the priority is to help as many patients as possible kick the habit before the rooms are shut down.
For those who aren't able to quit by then, some psych patients will leave the property to have a smoke like everyone else. Those in lockdown will need some type of escort to take them out for a smoke, said Talbot.
Dennis Anderson, founding chair of the Alberta Alliance on mental illness and mental health, yesterday urged caution in bringing a smoking ban into any psychiatric facility.
Anderson said many mental health patients find that smoking not only calms them down, but gives them something to depend on when they can't depend on anything else.
"There's no doubt that it has a calming effect, and if you take away that effect, you've got to be able to replace it with something."
http://www.edmontonsun.com/News/Alberta/2005/10/19/1268933-sun.html
Craving cons get creative since ban -AB
By CARY CASTAGNA, EDMONTON SUN Wed, October 19, 2005
Who needs du Maurier and Players when you can puff on pencil shavings, dry soup mix and banana peels?
That's exactly what inmates at the Edmonton Remand Centre have been doing to skirt the 13-month-old smoking ban, the Sun has learned.
"It's all related to the smoking ban," confirmed Dan MacLennan, president of the Alberta Union of Provincial Employees, which represents remand centre guards and staff.
"It speaks to the fact that the (tobacco) ban must be working."
Since smoking was banned in all provincial prisons last September, creative inmates have been puffing on anything they can get their hands on - no matter how absurd.
The list of bizarre tobacco substitutes also includes orange and apple peels, grass, leaves, tree bark, toast crumbs, pepper and nicotine patches, said one inmate.
Tea bags are no longer available at the remand centre because the leaves were being smoked, said Andy Weiler, spokesman for the Alberta Solicitor General and public security.
Rolling paper isn't hard to come by, as prisoners use newspapers, wrapping from toilet paper rolls and pages ripped from jail-issued Bibles.
Need a light? That's not a problem, either.
Smokers behind bars fashion long slow-burning wicks by tightly twisting and braiding toilet paper.
They then light the wicks with a spark created from sticking staples, paper clips and nails into electrical outlets.
"It's tragic and it speaks to addictions," MacLennan said. "Visually, it speaks to my favourite episodes of The Three Stooges."
The union head said there has been some concern about the fumes from artificial cigarettes made from nicotine patches.
At least four guards recently filed health claims after experiencing breathing difficulties, MacLennan said.
Air quality was tested at the remand centre in September. Readings found the air was generally clean and contained only low levels of contaminants, Weiler said, adding the situation is being monitored.
http://www.edmontonsun.com/News/Alberta/2005/10/19/1268934-sun.html
Appeal tobacco ruling, officials urge Ottawa
By GLORIA GALLOWAY Wednesday, October 19, 2005 Page A12
Health coalition wants top court to hear arguments against corporate sponsorships
OTTAWA -- Public health officials are demanding action as time runs out for the federal government to launch a Supreme Court challenge of a ruling that permits tobacco companies to attach their names to sporting and cultural events.
More than 40 representatives from health organizations across the country -- including 19 medical officers of health -- wrote this week to Justice Minister Irwin Cotler and Health Minister Ujjal Dosanjh, urging them to appeal the decision of the Quebec Court of Appeal before a Friday deadline.
"Only such an appeal can provide the clarity and certainty needed to put an end to the tobacco industry's long history of deceptive and predatory marketing," the letter states.
In mid-August, the Quebec court upheld most of the provisions of the Tobacco Act after a challenge by four large tobacco companies, but struck down a prohibition on advertising sponsorships. The court ruled that, while cigarette brand names could not be attached to events like jazz festivals and Grand Prix racing, there is no reason to prevent corporate names being used for that purpose.
"This appears to open the door to a return to lifestyle advertising for tobacco products," the letter states. "For example, Imperial Tobacco could rename itself Cool Tobacco, sponsor the Montréal Jazz Festival and advertise the Cool Tobacco Jazz Festival coast-to-coast, year-round."
Mr. Cotler's office said the choice to appeal is in the hands of Mr. Dosanjh, who has said a Supreme Court action is "most likely." But no decision had been made by late yesterday afternoon.
"The minister's credentials as a champion of tobacco control are a matter of record," said Ken Polk, a spokesman for Mr. Dosanjh. "He has also made it clear that it is from the perspective of maintaining a robust Tobacco Control Act that he will view the decision to appeal. He appreciates the input of those who signed the letter, and he will announce the government's decision before the deadline."
But there is apparently some concern within the Health Ministry that a federal appeal would allow the tobacco industry to appeal as well, effectively reopening all parts of the original ruling, including sections upholding the Tobacco Act.
"Government lawyers tend to be more cautious than they need to be about many things," said Francis Thompson, a policy analyst with the Non-Smokers' Rights Association, which is one of the signatories to the letter.
When tobacco companies are allowed to assign their names to sporting and cultural events, "they know, in the long term, the result of that is that people of the right age and the right psychological profile will be attracted to that brand," Ms. Thompson said.
While upholding a prohibition on false and misleading advertising, the Quebec Court of Appeal struck down a section of the act that prevents tobacco companies from creating "an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions."
The phrase is repeated in a number of Canadian laws and foreign accords signed by Canada, including the World Health Organization Framework Convention on Tobacco Control, which commits Canada to ensuring that tobacco packaging does not leave a false impression.
"If they strike it out here, for legal reasons, does that mean that our courts don't consider it enforceable or legal in all of these other areas?" asked prominent Ottawa lawyer David Hill.
Tobacco companies are permitted to conduct limited advertising campaigns in print media. The letter suggests that a Supreme Court appeal could make the argument for a total ban.
In recent months, the Supreme Court has twice ruled unanimously against the tobacco industry, the letter states.
"Canadian views on tobacco have evolved considerably over the last decade; the Supreme Court should have the opportunity to update its jurisprudence accordingly."
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20051019/TOBACCO19/TPNational/
Smoking ban important because of health issues -ON
Letter Wednesday, October 19, 2005
Bill Hunter, in his letter Put Smoking Ban On Hold, proposes that the provincial government should delay the legislation that will come into effect May 31, 2006.
He wants compromises that provide public protection without putting the economy and jobs into jeopardy.
I do not know where Mr. Hunter has been for the past 10 years.
These issues have been studied and various compromises proposed over and over again. The only right and reasonable answer is a complete ban. The issue, Mr. Hunter, is a health issue, not an economic one. The ban ensures the health of those workers who are and would continue to be exposed to second-hand smoke will be protected.
If Mr. Hunter wants to persist with the economic argument, then he needs to take into account the potential savings in health care costs as fewer people are exposed to second-hand smoke and more people are provided with incentives and support to quit smoking.
GORD SMITH Windsor
http://www.canada.com/windsor/windsorstar/news/letters/story.html?id=9ac97112-394f-45e8-b96f-d3b5254fa616
*my sound off :In Ontario they have hidden the fact that there is 250- 350 Million in lost revenues for casinos due to ban. Revealed through Freedom of information request only. What the public requires is a discussion on what the ban really means to the voters. Make the public aware of all the ramifications of the decisions. Allow the public to be heard. In Ontario they held four days of consultations, and 137 groups didn't get heard. 70% of Ontarians don't know the smokefree law was passed. The law now allows as restrictive of legislation as health unit wants, only applies minimum, not maximum. There still isn't any consistent way to allow public to know where rules apply locally. You could have a ban smoking in the park in one town, but still allow it in another. Now there's level and clear legislation for the public to see. Get your voice heard is the only way to tell the gov't your opinions. if there are no discussions we are living in a dictatorship, where there's no voices heard.
Canada's Aboriginal Policy Questioned at United Nations
OTTAWA, Oct. 17 /CNW Telbec/ - Today and tomorrow, October 18, 2005, the United Nations Human Rights Committee in Geneva will be examining representatives of the federal government on Canada's report on its compliance with its international obligations under the International Covenant on Civil and Political Rights.
http://www.newswire.ca/en/releases/archive/October2005/17/c1680.html
Sponsorship scandal only one in an endless series of government failures: review of reports from the Auditor General predicts more problems
VANCOUVER, Oct. 17 /CNW/ - Canadians have been shocked by the revelations of the Gomery Inquiry but these scandals will occur with predictable regularity unless government begins to prioritize and reform its activities, according to Government Failure in Canada, 2005 Report, released today by The Fraser Institute.
http://www.newswire.ca/en/releases/archive/October2005/17/c1521.html
Posted at 2:16 pm by looped_ca
Bingo Bingo at risk of closing doors for good -ON
Michael Power - Oct 11, 2005
The president of the Lindsay Bingo Bingo Charities Association hopes a proposal to the Alcohol and Gaming Commission will fly so the hall can operate past the next two months.
Gary Preston said both revenue and attendance at the Needham Street establishment have fallen this year.
Bingo Bingo's estimated revenue for this year - at $300,000 - comes in at about $100,000 less than previous years, says a news release from the Association.
Bingo Bingo is in danger of closing by Dec. 1 due to the falling revenues, the release says. The establishment's owners gave the Association notice of its financial situation on Oct. 1.
The hall has been operating with a deficit for several months.
The Lindsay Bingo Bingo Charities Association, an umbrella group that represents 34 not-for-profit organizations, has proposed that the alcohol and gaming commission allow Bingo Bingo's owners to pocket more of the revenue, said Mr. Preston.
"We're asking the commission if we could alter the percentage rate," he said.
Currently, Bingo Bingo's owners keep 40 per cent of profits, while not-for-profit organizations get 60 per cent. The money kept by the Association is shared between organizations based on how many games each operates.
Mr. Preston said that a final ratio hadn't been decided yet.
More consumer cash going to casinos has eaten away at the bingo hall's profits, he noted. That, combined with the higher costs of doing business, has kept revenues down this year, he said.
Mr. Preston also urged players to keep their bingo dollars in Lindsay, instead of making the trek to other halls in Peterborough or Oshawa.
Among the 34 local groups that benefit from bingo revenues are:
·Academy Theatre Foundation, City of Kawartha Lakes Boys and Girls Club, Women's Resources, Epilepsy Ontario, Community Care Victoria County.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=1922
*http://www.mykawartha.com/ka/news/kawartha_lakes/story/3088070p-3582161c.html
Smoking bans do create financial losses -ON
Mr. Perley, please do not insult the readers’ intelligence. If there were no financial losses due to smoking bans, do you think that in Saskatchewan, Manitoba and Quebec, bar owners would be paying thousands of dollars in lawyer and court fees to fight the government on these laws?
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2196
Misguided attack on tobacco industry
By Michael Taube Tue, October 11, 2005
Some Canadians were pleased to hear the B.C. government can potentially sue tobacco companies for causing health problems and running up its health care bills.
But their enthusiasm is completely misguided. The tobacco industry is not the main culprit. Rather, it's smokers who ignored warnings and took huge risks with their own health.
Recently, Canada's Supreme Court voted 9-0 to uphold existing B.C. legislation that allows its provincial government to seek damages for health care costs caused by tobacco use. B.C. can now attempt to collect damages from as far back as 50 years ago, as well as any projected future health care costs.
Obviously, the B.C. government will go after tobacco companies. It seems hypocritical, considering the revenue the province generates from tobacco sales. But it's an easy target -- tobacco companies sold the product that reportedly caused poor health in some patients.
That's step one.
Step two is for the anti-tobacco forces to align all Canadian provinces, including Ontario, behind the strategy of going after the tobacco industry. By doing this, there could be huge numbers of lawsuits trying to collect billions and billions of dollars in damages.
The ultimate goal is rather obvious: Bankrupt the tobacco companies and create a smoke-free environment.
But from where I stand, this strategy completely disrespects the free market and a person's freedom of choice.
Why are we accusing tobacco companies of helping rack up health care costs? All they do is sell a product to consumers with a visible warning label on the package that describes the health risks for adults, children and pregnant women. You may not like the product, but it certainly admits there could be harmful side effects if you try it.
I'm a non-smoker, but I recognize that tobacco appeals to some people. Tobacco companies should be allowed to sell cigarettes and cigars for profit, and people should be allowed to have the option to purchase -- or not purchase -- these items.
Meanwhile, the role of smokers in racking up health care costs in B.C. (and beyond) has barely been discussed.
Smokers didn't have to buy a pack of cigarettes or a box of cigars, and no-one forced them to do so. The vast majority certainly knew the risks involved in using tobacco products, but chose to ignore them.
And for the small amount of people who didn't realize the health risks, well, they should have.
It's been proven that factories, chimneys, cars and airplanes blow unhealthy smoke and fumes in the air that contaminate your lungs. Did you really think a cigarette or cigar pressed to your lips wouldn't have the same effect, or worse?
So, if you want lay blame for rising health care costs on tobacco usage, look no further than the tobacco users themselves.
Maybe non-smokers should just go out and sue smokers for helping pollute our air and water. You would get less money out of them, but you would be making a valid point.
Or perhaps smokers should just pay their own health care bills out of pocket. Yes, I know this isn't possible due to our bloated and inadequate public health care system. But it only seems fair when you consider the wasted tax dollars that have been spent on their treatment.
I concede that tobacco companies have sold a product that has severe health risks. But smokers aren't innocent little lambs; they have hurt -- and keep hurting -- the financial health of taxpayers. I hope the B.C. government considers this before launching a full-scale and wrong-headed attack against the tobacco industry.
http://www.torontosun.com/News/Columnists/Taube_Michael/2005/10/11/1257280-sun.html
N.S. prepares to sue tobacco companies -NS
Murray Brewster Canadian Press October 13, 2005
HALIFAX -- Nova Scotia's Conservative government began clearing the way Thursday for a lawsuit against the tobacco industry to recover billions dollars spent on smoke-related illnesses in the province.
The move came on the opening day of the fall legislature session and less than a month after the Supreme Court of Canada upheld similar legislation from British Columbia.
The bill, introduced by Nova Scotia's justice minister, would give the province legal authority to sue for past and future health-care costs related to smoking.
"It's time to say enough is enough," said Michael Baker. "This legislation is about holding the industry accountable for its marketing practices."
The proposed tobacco legislation would waive the statue of limitations, giving the province the ability to go back as far as 50 years in preparing its legal claim.
While the government did not include the amount of damages it would seek in the lawsuit, officials were quick to point out that the direct cost of treating cancers and other smoking-related diseases in Nova Scotia is estimated at $170 million annually.
The high court ruling on Sept. 29 applied only to British Columbia but opened the door for all the others to take similar action. Governments in New Brunswick, Ontario and Manitoba have since said they are also considering lawsuits.
A spokesman from the Canadian Tobacco Manufacturers' Council described the move by Nova Scotia as "yet another cash grab by yet another province."
"It certainly stacks the deck in favour of the province and removes our normal defences in a court of law," said John MacDonald.
He said governments in Canada that go down this road risk losing the $9 billion they collect annual in tobacco taxes.
But Baker said the initiative is not about tax revenue.
"I know from speaking with my colleagues in cabinet, if every Nova Scotian would quit smoking, we would gladly give up every penny and dollar in smoking taxes."
The government also introduced anti-smoking legislation it described as "the toughest in the country".
It would ban smoking in all public places -- including outdoor patios -- by 2006, replacing regulations that allow smoking at bars and restaurants, in designated areas and at certain times.
Baker said the proposed tobacco suit and smoking ban complement each other, and should lead to fewer smokers in the province.
Anti-smoking groups and the opposition parties in Nova Scotia applauded both initiatives.
"We need to make the tobacco industry accountable for the 50 years of misleading and downright lying," said Dr. Robert Strang, president of Smoke-Free Nova Scotia.
Meg McCallum, the director programs for the Canadian Cancer Society, said the province should sue for both the direct and indirect costs of treating smoking-related illnesses.
When the economic costs of smoking illnesses, such as lost productivity and absenteeism are considered, McCallum said the annual economic loss to the province is in the range of $500 million.
Health Promotion Minister Rodney MacDonald said the proposed anti-smoking legislation goes well beyond the current partial ban.
"If you take a look at pieces of legislation across the country, you'll see our act is quite broad. It goes into areas such as (outdoor) patios. It goes well beyond," said MacDonald.
Dave Wilson, the opposition health critic, said the government's current legislation on smoking bans was inadequate.
"This government has never lived up to its responsibility in terms of smoke-free places and in terms of jumping on the bandwagon in suing tobacco companies," said Liberal health critic Dave Wilson.
"This government has lagged behind for six years."
http://www.canada.com/national/story.html?id=e3737499-9615-4532-ad08-174a532c01ac
Put smoking ban on hold -ON
Letter Thursday, October 13, 2005
So all this time, the Ontario government has been sitting on reports that show the province will lose up to $350 million in gaming revenues if its smoking ban law goes ahead next year.
According to Brian Cross's story in The Windsor Star, the government may have more information spelling out the specific share of the damage to Windsor and its casino, which is expected to be particularly hard hit because of cross-border competition from Michigan.
No wonder the Liberals didn't want to come anywhere near Windsor when they were holding public hearings on their smoking ban legislation last spring.
Kudos to Nancy Daigneault and her group for sticking with this issue and for posting the documents they have so far managed to pry free on their website for all to see.
But shame on the government for keeping it secret for so long.
The government should put its law on hold and give us new hearings so we can look at all the facts and come up with compromises that provide public protection without throwing our economy and jobs into jeopardy.
Now that we know casinos will be taking such a big hit, it is pretty obvious that charity bingos, pubs, legions and everyone else who has warned that banning smoking will drive away their patrons were telling the truth after all.
There has to be a way to protect non-smokers from unwanted exposure to second-hand smoke without removing all choice for smokers and in doing so hurting the economy, destroying jobs and hurting charities.
Bill Hunter Windsor
http://www.canada.com/windsor/windsorstar/news/letters/story.html?id=c5edc1ca-fd2d-43ec-acfd-108f257537e1
No noise, please, this is Ottawa -ON
Kelly Egan The Ottawa Citizen Friday, October 14, 2005
Teens, publicans latest bylaw targets
Ottawa is not yet the most boring place on Earth, but another bold stroke or two from City Hall might just get us there.
It seems patrons coming out of bars along Elgin Street are making too much noise on the way home, possibly waking the slumbering apartment dwellers in the Golden Triangle.
This will never do in Coma Central.
Somerset Councillor Diane Holmes would like Ottawa's bylaw officers to aggressively monitor the nuisance problems associated with the city's downtown bars, then hand the enforcement bill back to the poor publican.
She introduced a resolution to that effect this week. An astonishing document it is, too.
This effort was immediately followed by a suggestion that city staff explore the possibility of implementing a curfew for anyone 17 years or younger, a proposal moved by Councillor Glenn Brooks.
Stay home, shut up and lock up your children seems to be the short-hand version of council's foray into regulating social behaviour.
The attack on bars in the city, for one thing, is discriminatory. Why not charge the convenience store owner for the skateboarders making noise in his parking lot? Because they're not loaded?
More importantly, what of the concept of personal responsibility?
Imagine the bylaw officer arriving on Elgin at 2 a.m. to find a group on a street corner singing Waltzing Matilda. How to determine whether they are drunk? (By the way, what do we mean by "drunk"? The standard used for impaired driving, or something higher?)
Secondly, how would the bylaw officer determine where they've come from?
Bars are already among the most regulated businesses in the private sector.
There are many, many rules about the sale of liquor, rules about the age of admittance, rules about opening and closing, mandatory training for staff, rules about over-serving customers.
It bears mentioning that outdoor patios, which appear to be a source of some of the trouble, are, in part, a government creation.
The government, recall, threw all the smokers outside. To make them more comfortable, many bars are heating patios to make them usable into early winter. So we legislate patrons outside; now we're asking them to be extra quiet.
Absurd.
The city has certainly opened itself to the accusation that it's madly off in opposing directions.
It wants to encourage small business, a vibrant entertainment sector, a humming night life, a jumping Elgin Street. It wants to support the tourism industry and attract big conventions of out-of-towners. Can it seriously expect this to happen with a noise inspector on every corner?
I had a coffee with a bar operator yesterday to talk about these proposals. (Bless the city's efficiency: I got a parking ticket on the way out.) I would tell you his name, but the man is actually afraid to speak out. A second operator had the same attitude.
So wary are they of the powers of liquor licence authorities and the city's inspectors, they're afraid to rock the boat. What a terrible climate in which to conduct a legitimate business.
Imagine that during a May blitz, officials from four agencies -- police, bylaw services, alcohol and gaming, and the fire service -- swooped through the area.
There is also a widespread feeling, true or not, that Ms. Holmes has it in for the bar sector and would prefer to see hardware stores and quaint boutiques in their stead. A nice idea, but the marketplace is the final, ruthless judge of what pays the rent.
Lawyer Brian Karam owns a 12-storey hotel on Elgin and a restaurant-bar called MacLaren's, that seats 390. It is a big place, with 40 television screens and 21 pool tables.
Elgin Street, he argues, has become Ottawa's main street, not just for nightlife, but for its connections to City Hall, the courthouse, the police station and as a gateway to the National War Memorial and the parliamentary precinct.
It is still "a very, very safe street," even at 2 a.m., he says, and does not have a fraction of the problems of bar strips in other major Canadian cities.
In 10 years of running his bar, Mr. Karam said he's never had to throw anyone out for misbehaviour. He says the Holmes initiative is not constructive.
"My whole point is there's an unspoken implication that the bars are over-serving these kids, and they're getting drunk, and that's why they're making noise. I don't believe that's the case," he said.
"I believe they're making noise, whether they have one beer or 10. That's just the way young kids are."
Mr. Karam says there's no doubt that noise -- from music and patrons -- has been a problem near the Gladstone end of the strip, to the dismay of nearby apartment dwellers.
Surely this can be addressed with existing regulations and some well-aimed coaxing on the part of bar operators. There is no need to beat them with a stick, then hand them a bill for the whuppin'.
Worse still is the impression of the capital as an enclave of dull, pulseless spirits, who like nothing better than an evening with one whole, entire beer, followed by a lot of whispering.
What price, this?
Contact Kelly Egan at 726-5896 or by e-mail, kegan@thecitizen.canwest.com
http://www.canada.com/ottawa/ottawacitizen/news/city/story.html?id=fd03a365-769f-4c34-ae80-d0d4fb7cccc4
Make tobacco companies cover costs -ON
The Woodstock Sentinel-Review
Jim Bender - Woodstock Friday October 14, 2005
I felt completely ill after reading this letter from Nancy Daigneault, the president of the mychoice.ca campaign.
I’ve watched two strong uncles wither away to shells of their former selves before issuing their death rattles.
To have the fools from the tobacco lobby pressuring government to finance cessation products is ridiculous.
If the tobacco lobby really wanted to help the thousands of people who are dying as a result of smoking, then it would finance these cessation products themselves.
The evidence against tobacco is huge. I’m sure that every person reading this knows someone, or knows of someone, who has suffered the long-term effects of smoking either cancer, lung disease, or heart disease.
Perhaps the government should be held accountable for the slaughter of its citizenry as well, as it is the one that permitted this poison in our marketplace.
Tobacco addiction is a silent killer, but not faceless. Tobacco companies are working hard on finding new markets, as most of their North American customers have become too smart for them and realize that they are being murdered by their brand, or have died. Now we find mass quantities of cheap cigarettes flooding Third World nations.
People who cannot afford to feed themselves are smoking cigarettes for they are cheap and easy to come by. People who cannot read have no idea that what they are consuming is poison. Third World countries short on rules and regulations make it easy for big tobacco to make profits.
Third World nations comprise the largest segment of growth for big tobacco.
They will take advantage of the lax regulations in these countries in order to pollute them and their people now that they have run out of North American customers.
Perhaps it is time for the government to ban the production of these things. If the tobacco lobby is asking taxpayers to fund the addiction recovery of their customers, then the taxpayers should be given the option of having their killer product banned.
Perhaps smokers should be denied access to medical care from the province and perhaps the tobacco companies should open treatment centres for diseases they’ve helped to spread around the globe.
Tobacco is a killer; it doesn’t take a brain surgeon to figure this out. Make the tobacco companies pay the costs, not the taxpayers.
http://www.woodstocksentinelreview.com/archives.php
Tobacco ruling OKs blatant hypocrisy
The Supreme Court has cleared the way for British Columbia to sue tobacco companies for the cost of treating tobacco-related illnesses. This opens the door, of course, for all provincial governments to follow suit.
Let me understand this. Provincial governments have been collecting corporate tax revenues from tobacco producers and tobacco companies, based on profit, for years. Provincial governments have been collecting sales taxes on tobacco products. Now they want to recoup health costs for tobacco related illnesses. That is the epitome of hypocrisy from government that really wants to have its cake and eat it, too.
Can someone on the Supreme Court please phone me to advise how I can sue my neighbour in the suite below, who smokes on the balcony so that his or her smoke comes up on my balcony and into my open window? I think I feel a second-hand-smoke-related sore throat coming on. I hate tobacco smoke.
The Supreme Court has cleared the way for government hypocrisy. Should we laugh or cry at such stupidity?
Mary E. Spry London
http://lfpress.ca/newsstand/Opinion/Letters/
Nova Scotia prepares to sue tobacco firms
By MURRAY BREWSTER Canadian Press Friday, October 14, 2005 Page A7
HALIFAX -- Nova Scotia's Conservative government began clearing the way yesterday for a lawsuit against the tobacco industry to recover billions of dollars spent on smoking-related illnesses in the province.
It made the move on the opening day of the fall legislature session and less than a month after the Supreme Court of Canada upheld similar legislation for British Columbia.
The Nova Scotia bill, introduced by Justice Minister Michael Baker, would give the province legal authority to sue for past and future health-care costs related to smoking.
"It's time to say enough is enough," Mr. Baker said. "This legislation is about holding the industry accountable for its marketing practices."
The statute of limitations would be waived for the proposed tobacco legislation, giving the province the ability to go back as far as 50 years in preparing its legal claim.
While the government did not include the amount of damages it would seek in the lawsuit, officials were quick to point out that the direct cost of treating cancers and other smoking-related diseases in Nova Scotia is estimated to be $170-million annually.
The top court ruling on Sept. 29 applied only to British Columbia but opened the door for other provinces to take similar action. Governments in New Brunswick, Ontario and Manitoba have since said they are also considering lawsuits.
A spokesman from the Canadian Tobacco Manufacturers' Council described the move by Nova Scotia as "yet another cash grab by yet another province."
"It certainly stacks the deck in favour of the province and removes our normal defences in a court of law," John MacDonald said.
Governments in Canada that go down this road risk losing the $9-billion they collect annually in tobacco taxes, Mr. MacDonald added.
But Mr. Baker said the initiative is not about tax revenue.
"I know from speaking with my colleagues in cabinet, if every Nova Scotian would quit smoking, we would gladly give up every penny and dollar in smoking taxes."
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20051014/TOBACCO14/TPNational/
N.S. Liberals want smoking ban now -NS
Broadcast News Friday, October 14, 2005
HALIFAX - There is no reason for Nova Scotia to wait until December 2006 in order to go totally smoke free, according to the opposition Liberals.
Health critic Dave Wilson says the Tory government has dragged its feet on the issue and should institute a total ban immediately.
Health Promotion Minister Rodney MacDonald introduced legislation Thursday that will ban smoking in all public areas, including workplaces and at bars and restaurants.
He says, once passed, Nova Scotia will have the toughest anti-smoking law in the country.
He says it's the toughest because it makes no exceptions.
Right now, the province has only a partial ban.
Dr. Robert Strang, of Smoke-Free Nova Scotia says 100 per cent ban makes things less confusing for citizens.
*http://www.canada.com/maritimes/soundoff/story.html?id=8a7110b4-2673-4649-afb3-d5adeac34729
Increased taxes don't help to curtail smoking
Oct. 14, 2005. 01:00 AM
RE:Keep raising taxes to curb smoking Editorial, Oct. 10.
Please allow me to point out a number of flaws in this editorial calling for a combination of lawsuits against companies and increased taxes on smokers.
First, both approaches would hit smokers in their wallets. When any company has increased costs, it passes them on to customers. This happened with the $250 million settlement agreed to by U.S. tobacco companies. The money for this payment is coming from increased prices for cigarettes.
Second, your editorial correctly notes that simply banning tobacco will not work as it will lead to smuggling and a black market, but it fails to point out that trying to ban tobacco products through the back door by tax gouging will have the same effects.
Third, the idea that the increased taxes would provide funds to pay for measures to help people quit smoking would be attractive if there was reason to believe this would happen. There is not.
Our federal and provincial governments already collect a combined total of nearly $9 billion a year from smokers in taxes on their tobacco purchases.
Canadian Press last week reported Health Canada estimates smoking costs the country's health-care system $4 billion each year.
This leaves an almost $5 billion surplus, before factoring in the income taxes and health-care premiums smokers pay like everyone else. Yet governments do not use any of this tobacco profit to help with the ridiculously high costs of nicotine gum, patches and other cessation aids.
One might wish that no one smoked, but they do, and legally. They are equal citizens deserving of fair treatment. Trying to tax and abuse them into submission is an attempt to impose prohibition without actually prohibiting. It is not fair and it is not practical.
Education and sensible health promotion programs have worked to bring down smoking rates and will continue to work. Perhaps not as quickly as some would like, but a balanced, sensible, fair approach to smokers is vastly superior to attempting brute force.
Nancy Daigneault, President, mychoice.ca, Aurora, Ont.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article
_Type1&call_pageid=971358637177&c=Article&cid=1129240216989
Nova Scotia sets out health-care lawsuit proposal against big tobacco -NS
Murray Brewster Canadian Press October 14, 2005
HALIFAX (CP) - Nova Scotia's Conservative government began clearing the way Thursday for a lawsuit against the tobacco industry to recover billions dollars spent on smoke-related illnesses in the province.
The move came on the opening day of the fall legislature session and less than a month after the Supreme Court of Canada upheld similar legislation from British Columbia.
The bill, introduced by Nova Scotia's justice minister, would give the province legal authority to sue for past and future health-care costs related to smoking.
"It's time to say enough is enough," said Michael Baker. "This legislation is about holding the industry accountable for its marketing practices."
The proposed tobacco legislation would waive the statue of limitations, giving the province the ability to go back as far as 50 years in preparing its legal claim.
While the government did not include the amount of damages it would seek in the lawsuit, officials were quick to point out that the direct cost of treating cancers and other smoking-related diseases in Nova Scotia is estimated at $170 million annually.
The high court ruling on Sept. 29 applied only to British Columbia but opened the door for all the others to take similar action. Governments in New Brunswick, Ontario and Manitoba have since said they are also considering lawsuits.
A spokesman from the Canadian Tobacco Manufacturers' Council described the move by Nova Scotia as "yet another cash grab by yet another province."
"It certainly stacks the deck in favour of the province and removes our normal defences in a court of law," said John MacDonald.
He said governments in Canada that go down this road risk losing the $9 billion they collect annual in tobacco taxes.
But Baker said the initiative is not about tax revenue.
"I know from speaking with my colleagues in cabinet, if every Nova Scotian would quit smoking, we would gladly give up every penny and dollar in smoking taxes."
The government also introduced anti-smoking legislation it described as "the toughest in the country".
It would ban smoking in all public places - including outdoor patios - by 2006, replacing regulations that allow smoking at bars and restaurants, in designated areas and at certain times.
Baker said the proposed tobacco suit and smoking ban complement each other, and should lead to fewer smokers in the province.
Anti-smoking groups and the opposition parties in Nova Scotia applauded both initiatives.
"We need to make the tobacco industry accountable for the 50 years of misleading and downright lying," said Dr. Robert Strang, president of Smoke-Free Nova Scotia.
Meg McCallum, the director programs for the Canadian Cancer Society, said the province should sue for both the direct and indirect costs of treating smoking-related illnesses.
When the economic costs of smoking illnesses, such as lost productivity and absenteeism are considered, McCallum said the annual economic loss to the province is in the range of $500 million.
Health Promotion Minister Rodney MacDonald said the proposed anti-smoking legislation goes well beyond the current partial ban.
"If you take a look at pieces of legislation across the country, you'll see our act is quite broad. It goes into areas such as (outdoor) patios. It goes well beyond," said MacDonald.
Dave Wilson, the opposition health critic, said the government's current legislation on smoking bans was inadequate.
"This government has never lived up to its responsibility in terms of smoke-free places and in terms of jumping on the bandwagon in suing tobacco companies," said Liberal health critic Dave Wilson.
"This government has lagged behind for six years."
http://www.canada.com/maritimes/news/atlantic/story.html?id=6c0f1b89-e837-4242-96fb-94663dc2cc12
Tobacco companies call lawsuit a cash grab
Broadcast News Friday, October 14, 2005
HALIFAX - A group representing big tobacco companies says Nova Scotia's plan to sue over smoking-related illnesses is nothing more than a cash grab.
John McDonald, of the Canadian Tobacco Manufacturers' Council, says the province is stacking the legal deck against the industry.
He says Ottawa and the provinces collect $9 billion a year in tobacco taxes and if the province needs money it can raise those levies.
But Justice Minister Michael Baker says his government would be willing to give up every cent of tobacco revenue, if every smoker in the province gave up the habit.
The Conservative government began clearing the way Thursday for a lawsuit against big tobacco companies.
A bill that would give the province the legal authority to sue for smoking-related health care costs was introduced in the legislature.
No dollar figure has been attached to the planned lawsuit.
But Meg McCallum, of the Canadian Cancer Society, says the government can start with the$500 million a year that smoking costs the provincial economy.
http://www.canada.com/maritimes/soundoff/story.html?id=9b428bd2-f63b-44c0-86f3-0d0e35decad8
Inmate wins smoke suit
TRACEY TYLER LEGAL AFFAIRS REPORTER Oct. 15, 2005. 01:00 AM
Killer gets $5,000 in damages Allergic man not kept `safe'
Canada's correctional service has been ordered to pay $5,000 in damages to a convicted murderer who was exposed to second-hand smoke in an Ontario prison.
The Correctional Service of Canada had a duty to incarcerate Vlado Maljkovich in conditions that were "healthful and that did not cause him to suffer physical discomfort" and it failed to take reasonable steps to ensure its non-smoking policy was enforced, the Federal Court of Canada ruled yesterday.
Enforcement of the policy depended at least in part on inmates complaining to prison authorities about illicit smoking, which was "unreasonable" and placed Maljkovich in an "unenviable" position of having to inform on fellow prisoners, the court said.
It is believed to be the first time a Canadian court has ruled on a second-hand smoke complaint from an inmate and the implications may reach beyond prisons, said John Hill, Maljkovich's lawyer.
"I think the non-smoking public won a big victory here as well," he said.
If inmates can recover damages for being thrust into a smoke-filled environment, it could lead to lawsuits from other citizens exposed to second-hand smoke, he said. There could also be more lawsuits from inmates, Hill added.
The correctional service has announced plans to ban smoking in all federal prisons and halfway houses by Jan. 31, 2006.
But Hill said it will be up to individual prison wardens to enforce the policy.
Maljkovich is serving a life sentence for the 1995 murders of his wife and daughter in Etobicoke. His lawsuit concerned conditions at Fenbrook Institution, a medium-security prison near Gravenhurst, where he was incarcerated for three years.
Maljkovich told prison authorities he has an allergy to tobacco smoke, which leaves him with headaches, nausea and an irritated throat.
At Fenbrook, which opened in 1998, the ventilation system circulated air from smoking areas into non-smoking areas, the court said.
Inmates are housed in four separate buildings and have their own rooms with windows that open. While some living quarters were non-smoking, inmates in other parts of the building could smoke in their own rooms. Smoking was also permitted outside.
Inmates were disciplined for violating the non-smoking policy only if their offences were brought to the attention of correctional officers.
The correctional service violated sections of the Corrections and Conditional Release Act that require it to house inmates in safe and healthy conditions, said Martha Milczynski, who heard the case as a Federal Court prothonotary, or judicial officer.
She awarded him $5,000 in general damages for stress and physical discomfort, but rejected his claim that exposure to smoke was cruel and unusual punishment in violation of the Charter of Rights.
Suzanne Leclerc, a correctional service spokesperson, said that starting Nov. 1, inmates will be provided with smoking cessation aids such as patches and gum. After three months, they must buy their own.
Maljkovich, is now incarcerated at Pittsburgh Institution, in Joyceville, near Kingston.
The judge who sentenced him said that while the crimes involved "senseless brutality," Maljkovich had lived an otherwise exemplary life. Before the murders, he was treated for depression, his marriage was breaking down and he was convinced his wife was having affairs.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2059
*http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article
&cid=1129329907013&call_page=TS_Ontario&call_pageid=968256289824&call_pagepath=News/Ontario&p
ubid=968163964505&DPL=IvsNDS%2f7ChAX&tacodalogin=yes
Tories promise native leaders say in smoking ban
CBC News Last updated Oct 14 2005 11:29 AM ADT
Nova Scotia's Conservative government says it will negotiate with native leaders before imposing an all-out smoking ban on reserves.
On Thursday, the government introduced a bill to ban smoking in indoor public places by Dec. 1, 2006. The minister of health promotion, Rodney MacDonald, said the ban would apply to all communities.
But Justice Minister Michael Baker is softening that hard line.
"We expect all bars in Nova Scotia as of the date of the ban to comply with the law of Nova Scotia," said Baker. "That is quite simply what our plan is. On other issues we are prepared to sit down with First Nations leaders and talk with them. But there's not going to be a different standard for a bar no matter where it is in Nova Scotia."
Baker said native communities are not being singled out for special treatment and they deserve to be consulted on any decision affecting them.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2187
***http://novascotia.cbc.ca/regional/servlet/View?filename=ns-native-smoke20051014
Smoking ban killed bar: owner -NL
CBC News Last updated Oct 14 2005 04:12 PM NDT
The owner of a bar in Happy Valley-Goose Bay is blaming its closure on the provincial government's new indoor smoking ban.
Rumours night club shut down last week after serving customers for nearly 26 years.
Owner Mike Lethbridge says there was a dramatic drop in business after the new smoking regulations came into effect this summer:
"After the smoking ban, it was like somebody turned on a light. It was just nobody there – absolutely nobody," said Lethbridge.
Before the ban, Lethbridge says he employed eight people each Friday night.
After the ban, Lethbridge dropped the number to three.
"Last Friday night, we had two staff," he said.
The Beverage Industry Association says four other bars across the province have shut down since the ban came into effect July 1.
*FROM JUNE 30, 2005: Bar owners brace for smoking ban
The provincial Alliance for the Control of Tobacco says it regrets the layoffs, but executive director Kevin Coady says the health of people – not businesses – is its top priority.
"In no way is it our intention to hurt people – this is all about protecting people."
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2184
**http://stjohns.cbc.ca/regional/servlet/View?filename=nf_smoking_bar_20051014
Nova Scotia natives seek legal advice in battle over smoking ban
Murray Brewster Canadian Press Saturday, October 15, 2005
HALIFAX (CP) - Nova Scotia could end up in a legal quagmire if it tries to impose a provincewide smoking ban on First Nations communities, a prominent native leader warned Friday.
"We are certainly going to be seeking legal advice," said Membertou Chief Terry Paul in an interview from Sydney, N.S. Eliminating smoking at native-operated bars and restaurants would have a drastic impact on those businesses and the overall economy of First Nations communities, said Paul.
The legislated ban, which doesn't take effect until Dec. 1, 2006, was announced Thursday as the fall session of the legislature began.
Smoking in all indoor and outdoor public places will be prohibited.
The legislation replaces a partial ban, instituted in 2002, which allows for smoking at bars and restaurants in designated areas and at specific times.
The province's justice minister said Friday he believes the ban would apply to reserves, even though native land falls under federal jurisdiction.
"These are considered laws of general application," said Michael Baker, who is also responsible for aboriginal affairs.
"These laws are applicable anywhere in the province."
But Baker admitted the limits of the province's power by saying the government will have to negotiate with individual bands about how the law is implemented and enforced.
Paul said he's open to negotiation, but will not sacrifice the economic gains made over the last few years by native business owners.
Other provinces which already have total smoking bans have found it impossible to enforce the prohibitions in native communities.
In Manitoba, lighting up is outlawed in all areas except reserves, a fact that prompted a lawsuit earlier this year by a non-native bar owner.
After being charged with letting patrons puff away, Robert Jenkinson challenged the provincial ban under the charter.
He claimed he was being discriminated against because his customers are avoiding the Treherne, Man., bar and going to two neighbouring reserves where they can smoke all the time.
Last month, a judge disagreed and fined Jenkinson.
In Saskatchewan, which has a similar ban, the federal government has refused to quash any band smoking bylaws that were weaker than the provincial legislation.
Given the court battles elsewhere, Nova Scotia's opposition Liberals were dismayed Premier John Hamm's government had not tried to cut a deal with native communities ahead of time.
"The justice minister should have thought of this before and had everything ready and set to go," said health critic Dave Wilson.
"To me it indicates the government hasn't done its homework. When you know there are groups that are going to oppose it, why haven't you consulted with them? Why haven't you talked to them beforehand?"
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2187
***http://www.canada.com/health/fromthewires/story.html?id=9642a2d2-18be-4c52-ba66-d7c29fb83a56
Vancouver smokers in the line of fire again -BC
DANIEL GIRARD WESTERN CANADA BUREAU Oct. 15, 2005. 01:00 AM
City sets its sights on outdoor ban
Proposed rules among strictest
VANCOUVER—In the mid-1990s, smokers here fumed as City Hall snuffed out their ability to light up indoors.
Now, nearly a decade after Vancouver became a Canadian pioneer by banning smoking in restaurants, food fairs, public lobbies and office buildings, city officials are determined to lead the way again, taking their battle against cigarettes into the great outdoors.
The Vancouver Coastal Health Authority is preparing a report for city council on expanding the municipal smoking ban. Among the initiatives under consideration are stopping people from lighting up on outdoor patios as well as in bus shelters, near entrances to buildings and even at beaches and around sports fields where kids play.
Such stringent rules would not only be seen as the toughest in Canada, they would rank among the most restrictive in North America, along the lines of San Francisco, which in July banned smoking in most city-run open spaces such as parks, squares and gardens.
"I'd like to see us back in the forefront again," says Nick Losito, regional director of health protection for the health authority, which includes about one-quarter of British Columbia's 4 million people from the Vancouver suburb of Richmond to Whistler.
Proponents of this latest get-tough approach say Vancouver has become complacent over the past decade in getting people to butt out. Its once-controversial initiatives have not only been replicated in most cities in the country, they have been exceeded in many.
Although the health authority is to soon deliver its report to city council, it's unlikely to be discussed until early next year, after next month's municipal election. However, with an increasing number of citizens complaining about smoking on patios and in other areas, it's likely something will be done, especially as the number of smokers dwindles.
Exactly how far they ultimately go will depend on the political will of city politicians. But those calling for more restrictions say it's more than just bragging rights on the line.
Recent statistics say the number of smokers in the Vancouver area has fallen to about 15 per cent of the adult population from one-quarter in the mid-1990s. That, advocates say, is proof a further crackdown would not only be good health but good for business, too.
Losito says he hopes the report's recommendations, which he's not prepared to reveal in detail, will prompt other municipalities to revisit their smoking bylaws, especially in the run-up to the 2010 Winter Olympic Games to be held in Vancouver and Whistler.
"Ideally, what we would have going forward is that this wouldn't be just a Vancouver initiative but convince others to look at it as well," Losito says. "The (provincial government) wants to have the healthiest population to ever host the Olympics and further restricting smoking is a way to do that."
But, in a city dubbed Vansterdam by many because of its look-the-other-way approach to marijuana and other drugs, critics condemn talk of throwing the book at those using a legal product. How can city politicians open a so-called supervised injection site for heroin addicts but close down rooms for those who indulge in tobacco, they ask.
`The way this is applied would make us the policemen again'
Richard Floody, chairman of the B.C. Restaurant and Foodservices Association
"We smokers have already compromised to ease the `nuisance' of our second-hand smoke by using smoking rooms or patios," Melanie Delaine of the suburb of Surrey wrote in a recent letter to the Vancouver Sun. "If the government sees fit to ban smoking because it's so harmful, it should stop the sale of cigarettes.
"As long as tobacco remains legal, I will smoke in any establishment that permits me to, and wherever I choose. I'm entitled to the same freedoms as anyone else in Canada."
Other critics question how such a bylaw would be enforced. The notion of city staff running around to bars, bus shelters, public buildings, beaches and playing fields to hand out tickets seems far-fetched in an age of ever-scarce public resources. And, if it's left to people to simply obey signs posted nearby, who's to say they will, especially given how readily ignored are signs reminding dog owners to stoop and scoop.
Restaurant and bar also owners worry a piecemeal approach that sees Vancouver get tougher than surrounding municipalities will cost them business. With many having spent up to $30,000 to build patios to cater to smokers, they see that as a wasted investment.
"The way this is applied would make us the policemen again," says Richard Floody, chairman of the B.C. Restaurant and Foodservices Association. It will be tough to enforce the law against people on beaches or at parks, so "the only bad guy in this thing is going to be the restaurant owner who has someone who breaks the rules on their property.
"That seems to be an unfair bylaw."
Floody says if there's a move to further crackdown on smoking in public it should be done province-wide as a Workers Compensation Board (WCB) initiative.
"If it really is a health issue, like we're told it is, then it should be done under the WCB," he says. "Otherwise, we're saying to people in other municipalities: `We don't care about your health.'"
While most anti-smoking advocates would agree with a province-wide move, recent history suggests that's unlikely, especially under Premier Gordon Campbell's Liberals.
In 2000, the WCB implemented a sweeping smoking ban in all workplaces, including bars and restaurants. But within three months, it was tossed out by the B.C. Supreme Court, which ruled that it had not received enough public consultation.
The then-New Democrat government planned to bring back the blanket ban in September 2001 but was ousted by the Liberals in May of that year. Responding to pleas from the hospitality industry, particularly in northern communities with no municipal bylaws, they promptly shelved plans for that province-wide no-smoking law.
In 2002, the Liberals introduced new legislation allowing bars, restaurants and other hospitality spots to set aside up to 45 per cent of their seating to smokers as long as it's separated from the no-smoking area and ventilated to the outside.
`I'd like to see us back in the forefront again.'
Nick Losito, regional director of health protection for the health authority
Those provincial rules take a backseat to municipal bylaws. So, even though anti-smoking advocates say they'd prefer a wider ban, they say toughening rules one city at a time is a start.
"It's one more thing that needs to be done because the majority of people don't smoke," says Veda Peters of the B.C. Lung Association.
"Although nobody questions anybody's right to smoke, we need to differentiate between what's a right and what's a privilege.
"Where and when people smoke is a privilege, not a right."
Peters says restricting the places people smoke typically means they light up less often and then "they tend to think about the possibility of giving it up all together."
While smokers interviewed by the Star were split on whether more stringent bans would help them kick the habit, they were unanimous in their belief it's another case of them being persecuted for using cigarettes, which are legal and taxed heavily by government.
"Inside, I see how it bothers people," says retired sawmill worker Jagat Chahil, 60, as he smokes a cigarette while waiting for a bus. "But on the street, outside on the sidewalk?
"How is that bugging anyone?"
Barb, a grocery store employee in her 40s who declined to give her last name, says she's more conscious of smoking on a patio if surrounded by non-smokers and will abstain if others are made uncomfortable. But banning it is "going too far," she says.
"I just think it's taking away human rights," she says while enjoying a coffee and cigarette on a restaurant patio. "If I can't have a smoke outside, then where?
"A lot of patios were created for smokers in the first place."
But that's an argument Losito struggles with. Why, if non-smokers are in the overwhelming majority, should they have to be held captive by the minority, he asks.
"Crowds of smokers on patios make it impossible for non-smokers to enjoy the patio experience," he says.
"That makes them second-class citizens."
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_
Type1&call_pageid=971358637177&c=Article&cid=1129240216309
Why won't city stigmatize crackheads? -ON
ROSIE DIMANNO Oct. 17, 2005. 08:15 AM
But smokers seen as social pariahs, public health risk
New drug strategy eschews term `drug abuse' as pejorative
So let me get this straight: I can't smoke cigarettes in Toronto but I can smoke crack?
The former is a public health risk, nipped in the butt at nearly every indoor venue, with bossy and vilifying interdiction campaigns that have transformed smokers into social pariahs. But the latter is a personal choice that ought not to be stigmatized by a judgmental society.
I am not making this up. I am merely taking to their presumptive conclusions some of the recommendations advanced in a drug strategy scheme unveiled at city hall on Friday.
So very non-condemnatory of drug use is the report by the Toronto Drug Strategy Advisory Committee that its members have quite deliberately eschewed even the term "drug abuse'' as inherently pejorative. The word "abuse,'' the report states upfront, "perpetuates social stigma and judgment which can marginalize and alienate people from the very supports they need."
These supports could, come the day, include "supervised injection sites or inhalation rooms'' in Toronto — inhalation rooms because crack cocaine is the most frequently used street drug in this city — as posited by Recommendation No. 55. That recommendation does not overtly call for the establishment of such 100 per cent toleration zones. It merely asks the city, in partnership with the Centre for Addiction & Mental Health and community groups, to further study that option in developing strategies to address the "stigma and discrimination toward people who use substances.''
The report's authors do acknowledge that supervised consumption sites — a 50-cent euphemism for what most of us would call a crack house — would provoke tremendous controversy, as indeed the matter did, does, within the committee's own membership. Clearly, there was not enough agreement from within its ranks to make a bold, unambiguous proposal. But it's just as clear, from reading this section, that the committee wants to venture further in the direction of what I can only describe as legal crack arcades, which can only be created, in this country, after obtaining formal exclusion under the federal Controlled Drugs and Substances Act.
It's been done already in some 50 jurisdictions around the world, and, as of this past July, in Vancouver, where the issue is heroin rather than crack.
It is not that I wish to see drug addicts busted, because the last thing a crackhead needs is the burden of a criminal record, or incarceration in penal institutions where drugs are so easily obtained. There was a time when I believed that decriminalizing all drug use was the wisest approach — treating abuse as a health issue, not a matter for law enforcement. But I was taken aback, on my last trip to Amsterdam — where soft drugs are legal, marijuana and hash for sale in drug cafés — at how very stupid much of the mellowed-out adult populace had become, so sluggish, slack, slothful. The potency of these "soft drugs'' has increased dramatically, as laced as they are with THC.
This is not your father's ganja, as I discovered while on assignment for a story about legalizing drugs. (It took me three days to recover from my "research'' and I may very well be the only Canadian reporter who has charged spliffs and hash brownies to her expense account.)
Further, despite assurances that this wouldn't occur, the use of hard drugs in Amsterdam has skyrocketed, the city crawling with wasted junkies.
There are compelling social reasons, I now concede, for rejecting the whole premise of legalizing drugs as the lesser of two evils. And, as Toronto Police Chief Bill Blair noted last week — he is utterly opposed to the notion of crack sanctuaries — no one in this country gets charged for possession of small amounts of marijuana and hash any more. The personal use rule of thumb is being respected, largely because police forces have bigger drug problems to deal with, particularly the gun violence and organized crime that is driven by the drug appetite.
It is troubling that the drug advisory committee pays minimal attention to that drug-perpetuated violence in Toronto, especially after the lethal summer we've just been through. Or frames it within the context of how neighbourhoods could be made safer if some of this activity was more properly supervised — yes, even in a smoke-up drop-in environment, envisioned as a one-stop shopping emporium where addicts could also obtain clean needles and condoms and counselling, provided that counselling was non-invasive and moral-neutral.
"Effective harm reduction approaches are pro-active, offer a comprehensive range of coordinated, user-friendly, client-centered and flexible problems and services and provide a supportive, non-judgmental environment.''
The report does make many sound recommendations — from providing better addiction services in prisons to reinstating addiction as an eligible disability under the Ontario Disability Support Program — even if this does all boil down to a great deal more public money spent on intervention and the mushrooming of the anti-drug bureaucracy, indeed with the added creation of a new drug secretariat for Toronto.
But it's the tone of the thing that I find most objectionable — the de facto premise that our society has no right to project any judgmental values because, if you follow this logic, it's this very disapproval that prevents addicts from straightening out.
I would think it's the other way around. Making it easier to obtain and use crack, for instance (which, unlike heroin, doesn't involve the shared use of flesh-piercing implements that spread HIV and Hepatitis C), would not discourage such ruinous drug use. Rather, the message would seem to be that we, as a community, are prepared to facilitate your drug problem.
It's perfectly reasonable for any society to express its opprobrium for a drug scourge that makes victims of us all, be it the destruction of residential neighbourhoods or by wayward bullets that strike children.
And it's hypocritical to say that public revulsion is counter-effective in stigmatizing drug abuse when these are the very same people — check the public health authorities involved in preparing the report — who sanctioned such bullying tactics against smokers, and who claim their campaign has been marvellously effective.
Sorry, you can't have it both ways.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1129499412423&call_
page=TS_News&call_pageid=968332188492&call_pagepath=News/News&pubid=968163964505Eric&DPL=IvsNDS%2f7ChAX&tacodalogin=yes
Who’s standing up for tobacco farmers? -ON
The Woodstock Sentinel-Review
Linda Duguay - Ont. Monday October 17, 2005
Woodstoc
Posted at 2:06 pm by looped_ca
Sunday, October 16, 2005
Ban a kick in casinos' butts -ON
Province Faces $350 Million a Year Loss in Gaming Revenues from Smoking Ban Confidential Government Report Warns -ON
mychoice.ca September 28, 2005
The Ontario government stands to lose $250 million-$350 million a year in gaming revenues as a result of its new province-wide smoking ban, according to official government documents obtained by mychoice.ca under the Freedom of Information Act. (FOI)
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=535
The gluttony of government intrusion
Wednesday October 05, 2005
Lloydminster Meridian Booster — While the tobacco industry is still feeling the hit of government regulations, taxes and the innumerable multi-million dollar lawsuits, junk food is already being called the new tobacco by its opponents.
We had to see this coming.
But the issue of banning harmful substance – be it food or smokes – isn’t nearly as clear cut as it seems.
Anyone with half a brain can – and often do – tell us what is wrong with our bad habits.
We are told on an almost-daily basis we are all too fat, too lazy and that smoking is a death sentence.
And for many of us, these critics have our number.
But an American columnist, Jacob Sullum, while speaking at a recent conference, raised a point that seems almost too obvious to have any merit. Simply put, some Canadians prefer to be fat, and the decision to delve into those fries should be theirs to make, for better or for worse, and the government should mind its own business.
“People may very well choose to trade off years of their life, or the possibility of disease or injury, in exchange for the current pleasure, excitement or stress relief they get (from food),” Sullum told the CBC.
And he contends it isn’t the government’s place to say this isn’t a legitimate trade-off.
It is such a simple observation that it evades us in a time when the government seems bent on having a parent-like grip on everything we do.
Smoking and fast food is, of course, bad for us. We all know this and and there is no amount of government controls that will likely change the habits of those who choose either of these vices.
Maybe, just maybe, we can make decisions on our own – even if they kill us.
http://www.meridianbooster.com/index.php?id=525
Smoke vendors diligent -ON
By Times-Journal Staff Thursday October 06, 2005
For the first time in a decade Tobacco Control Act compliance reached the 90 per cent mark in Elgin county.
Although the rate slipped to 85 per cent in St. Thomas the overall figure represents a four per cent increase over compliance figures obtained this spring.
The Elgin-St. Thomas Health Unit completed the mandatory enforcement checks of area retailers in August and found 90 per cent of tobacco vendors refused to sell cigarettes to under-age test shoppers.
Compliance in the city dropped by five per cent while all other areas showed an increase of at least five per cent with West Elgin jumping from 72 per cent in March to 100 per cent this summer.
“Research has shown that if a 90 per cent compliance rate is maintained,” noted Kathy Daniel, tobacco education and compliance officer, “that it will begin to impact on youth smoking rates.”
She was at a loss however to explain the decline in compliance with city retailers.
“Traditionally the summer time has a lower compliance rate overall. And I think that’s because there are more student employees. But it was only St. Thomas (figures that declined) and I really don’t have any idea why that is. St. Thomas has always been one of the higher (compliance areas).”
The purpose of the testing is to determine whether tobacco retailers are asking for identification before selling cigarettes to young people.
Across the county, test shoppers ages 15 to 17 visited 93 retailers. Supermarkets were the most compliant with a 100 per cent record and gas stations improved to 85 per cent.
Charges of selling tobacco to a person under the age of 19 were issued to a pair of St. Thomas area retailers.
http://www.stthomastimesjournal.com/story.php?id=188613
Some of the new regulations facing tobacco retailers are just plain ridiculous. -ON
The Ingersoll Times Jennifer Vandermeer Wednesday October 05, 2005
One section of the Ontario Tobacco Control Act of 1994 refers to preventing children from starting to smoke. The aim of this section is commendable. It’s the ways in which the section is being put into action that are questionable.
There are some reasonable aspects to this law. Since it is against the law to sell cigarettes to anyone under 19, retailers have to ask for identification. That’s fair.
But there are only five acceptable pieces of ID: an Ontario drivers’ licence, LCBO ID card, Canadian passport, Canadian citizenship card or Canadian Armed Forces ID card.
So if your 20-year-old cousin from Michigan needs cigarettes on his visit to Ontario, he’d better bring his own. And even though our new health cards have photo and date of birth, they’re no good either.
Now tobacco retailers are in business to make money, not lose it paying fines. They aren’t going to take too many chances with this law. The fines are pretty steep.
If someone wants cigarettes and the retailer knows they are over 19 but sells them cigarettes without asking for ID, the retailer can still be charged for not asking because the customer doesn’t appear to be at least 25.
And forget the friendly gesture of giving a customer a pack of matches to light their cigarettes. Federal law says no free giveaways.
We’re all in favour of keeping kids from taking up smoking, but these laws are taking advantage of the retailer as the static quantity in this equation.
There is no accountability on the part of the youth. So while a retailer is inside his store being charged, the 16-year-old smoker can stand outside the door, laughing and thumbing his nose at the clerk.
There needs to be an enforcement system in place for the young smokers. If it’s illegal to sell smokes to minors, it should be illegal for them to smoke.
http://www.ingersolltimes.com/story.php?id=188380
Police doing good job on combating PDHS trespassers, says resident -ON
To the Editor:
This serves as a follow-up to the June 14, 2005 community meeting held at the Fire Hall, regarding problems at the PDHS area; smoking on school and surrounding areas, trespassing, obstruction of traffic and garbage on the school premises and blowing onto nearby properties, were some of the valid concerns brought to the attention of the police and school officials.
Smoking was a concern to some in attendance and with it concerns of fires as a result of smoking. I would never support any efforts establishing a smoking area on school property or surrounding areas as we have fought long and hard to have such health issues to be properly and responsibly governed. Tax dollars are spent each year to support programs in school to stop youth from smoking. Further tax dollars are spent on health care for cancer treatment and other smoking related illness. I would suggest another course of action. If everyone with concerns would write to the powers that be for changes to the ludicrous existing law of not purchasing cigarettes until 19 years of age to include not smoking until 19 years of age, it seems this would be a more permanent solution to our problems as most students graduate before the age of 19 and this new law would give the officers power to enforce the law.
The garbage on the school and surrounding properties is an eyesore. Could a program be established at the school whereby the students could volunteer to pick-up garbage as part of their 40 hours of community service to graduate? Take some of the money that is now used to pay a student employed to pick up garbage at the school and organize a “Butt Out” contest (to foster a positive quit smoking attitude) where students try to stop smoking for a cash reward. Student body could be involved as a smoke watch. Could it be part of the health curriculum? Maybe student council could look into something like this (same idea as the weight loss programs) and come up with some ideas or consider some of these suggestions and be present at the next tentative meeting in October. It would be an asset to have the student body involved in all these issues.
There were concerns over the time to respond to a complaint and confusion of location from callers. With sometime perseverance and a little patience, the new 911 civic address changes will be complete and many of the bugs worked out from the amalgamation and duplicate street names, etc. in the same municipality, allowing bylaws to be made to charge one or more persons impeding traffic.
Trespassing should not be tolerated and reported to police. Perhaps the public could be informed as to our rights and proper procedures for dealing with such an offense. On May 31, 2005, I had a trespassing complaint, within a very short time I had two police cruisers and four police officers in my drive. Office Hicks was the first to respond with a phone call followed up within 24 hours and Officer Anita, the school liaison officer, did a follow-up the next day. You couldn’t have asked for better police service.
Vice Principal Jay introduced himself at the meeting and I wouldn’t hesitate to bring any of my concerns involving the school to him. It is time we let go of the old Paris Police Department (which served us admirably) and embrace the O.P.P. and the system now in place. If the school, police and public work together, I’m sure we will have very positive results.
My other ideas or solutions to these problems could be addressed at the next meeting. To contact police call 1-888-310-1122.
Beverly Golan
http://www.parisstaronline.com/story.php?id=188314
Never a better time to end smoking habit
The Doctor Game - W. Gifford-Jones MD Wednesday, October 5th, 2005
AN interesting psychological reaction happens to non-smokers who develop lung cancer.
It occurs over and over again. When told someone has breast cancer friends often say, "How sad! Is there anything we can do to help?" But when informed a person has lung cancer, the first response is, "Is he or she a smoker?" The remark often stigmatizes non-smokers afflicted with this disease.
Dana Reeve, the widow of actor Christopher Reeve (Superman), who has never smoked, recently announced she has been diagnosed with lung cancer. It's a frightful tragedy for a young woman who dedicated so many years to help her stricken husband. But her plight has made everyone aware that non-smokers develop lung cancer more often than suspected.
Dana Reeve's announcement came just two days after ABC news anchor Peter Jennings died of lung cancer. Unfortunately, Jennings was a big-time smoker early in life, gave it up, but temporarily started again during the weeks of reporting the 9/11 disaster.
Despite their different smoking histories, Dana Reeve and Peter Jennings shared the most common cancer in the world and the deadliest. This year in North America about 100,000 men and 80,000 women will die of this disease. Of this number 10 per cent of the men and 20 per cent of the women have never smoked. Lung cancer kills more women than breast, ovarian and uterine cancer combined.
There's no good news about lung cancer. Even if confined to the lung, only 49 per cent of victims are alive in five years. And if the tumour has already metastasized, a mere two per cent survive that long.
The problem is there's no way to diagnose early lung cancer. X-rays, CT scans and MRIs only detect a malignancy when it has already been present several years.
Why non-smokers develop this malignancy is still not known. Some researchers speculate it's more prone to develop in people whose lungs have been scarred by recurring bouts of pneumonia, tuberculosis and other illnesses. Others say that genetics and atmospheric exposure to a variety of products may be responsible.
For instance, a Swedish study found an increase in lung cancer in people exposed to residential radon gas, a breakdown product of uranium. However, other studies failed to show this linkage.
The great medical frustration is that nothing known could have prevented Dana Reeve from developing this malignancy.
But the greater frustration is that we can prevent lung cancer in 90 per cent of men and 80 per cent of women. All it takes is the cessation of smoking or better still, avoidance in the first place.
ABC reports a huge, unexpected response from Jennings' fans: that they are now committed to stop smoking. I hope the effect lasts. And that this column will help to convince smokers of the huge benefits of tossing away cigarettes.
Fortunately, smokers do not have to wait years for good things to happen. Within minutes of a final cigarette, the body begins a series of recuperative changes that continues for years. For instance, 20 minutes after a cigarette is smoked, blood pressure falls, heart rate drops, and body temperature of hands and feet increase to normal.
Eight hours later, carbon monoxide level in the blood drops to normal and oxygen level increases to normal. Within 24 hours, the chance of a heart attack decreases. And after 48 hours, nerve endings start working again and the ability to smell and taste is enhanced.
During three months after cessation, circulation improves, walking becomes easier and lung function increases up the 30 per cent. Smokers also notice that within nine months, there's less coughing, sinus congestion, fatigue and shortness of breath, and their energy increases.
Just one year later, the risk of coronary attack has been decreased by an amazing 50 per cent. The five-year lung cancer death rate for a one-pack-a-day smoker decreases almost by half and in 10 years, the lung malignancy rate is similar to that of a non-smoker.
Faced by such overwhelming benefits, how can any sane person not strive to toss away cigarettes?
I'll miss Jennings' nightly broadcast as I've missed other friends who have needlessly died from this addiction. Surely, there's never been a better time to discuss ways of stopping smoking with your doctor.
www.winnipegfreepress.com
What's to stop groups from Suing?
October 6, 2005
I got to thinking, after reading all the letters about the Supreme Court decision to allow lawsuits against tobacco companies, how much this could hurt the government.
If they allow lawsuits against tobacco companies what's to stop groups from suing the government?
After all did it not allow the sale of this product and reap huge profits through taxes, all the while knowing it is bad for people? This could surely open up a new can of worms -- at the taxpayers' expense of course. Sober as a judge? Give me a break, one too many cognacs deciding that ruling.
Claude Sauve
(The plaintiff in this case is the province of B.C. ... we doubt it's going to sue the feds)
http://ottsun.canoe.ca/Comment/Letters/2005/10/06/1250340.html
Quit smoking! -AB
By LYN COCKBURN Thu, October 6, 2005
It's a good thing Sir Walter Raleigh (1554-1618) is dead because if the famed explorer (and scalawag) was alive today he'd kill himself.
He'd read a few stats about smoking, realize how many deaths it causes and, overcome with remorse for making smoking popular first in England and then worldwide, he'd leap from the top of the nearest skyscraper - after taking a moment to appreciate the view, of course, because there was nothing so high in the London of his day.
And if he refused to jump voluntarily, there are those of us who'd happily give him a helpful push. We'd be the ones who quit smoking on the second, third or 54th attempt - in an agony of anxiety, bad temper, overeating and other pleasant withdrawal symptoms.
Speaking of withdrawal, more than one expert on the topic of smoking likens the power of nicotine to more than that of heroin and cocaine. Thanks a lot, Walt. Better you should have stuck to throwing your cloak over puddles so that your buddy Queen Elizabeth I wouldn't get her shoes dirty. (They were more than buddies, but this is a column about smoking, not sex).
I can attest to the power of nicotine. By the time I quit smoking some 15 years ago, I was up to three packs a day.
And the actual quitting nearly drove all my friends away. I was that cranky. I didn't talk for three weeks - I snarled.
A friend who ordinarily has nerves of titanium, confessed during his quitting smoking hell, "Lyn, I can't believe I did it. I saw a cigarette butt on the street yesterday and I picked it up." He paused, looking miserable and added, "What's more, I smoked it."
My friend and I are among the lucky ones who smoked heavily for years and yet remain in good health. Millions of people around the world are not so fortunate.
Here are just a few charming statistics from recent studies and publications from such institutions as the Mayo Clinic and the World Health Organization:
* There were nearly five million smoking-related deaths worldwide in 2000.
* In the United States, 440,000 people die each year, 36,666 per month, 8,461 per week, 1,205 per day, 50 per hour from smoking related illnesses.
* Over 47,000 Canadians die each year from diseases caused by smoking.
* Worldwide expenditures each year on health issues related to smoking are estimated at $200 billion US.
* In Canada the federal Health Department estimates the cost of caring for people with smoking-related diseases to be over $4 billion per year.
So it is with no sympathy whatsoever that I listen to the snivelling of big tobacco companies that are crying potential poverty over the recent Supreme Court decision to permit the provinces to sue them to recover costs.
"It may well bankrupt us," whined a spokesman for Rothmans.
"I weep for you, the walrus said ..." is my answer. And Lewis Carroll's, too.
B.C. will be the first to sue the tobacco companies (in Canada that is - Florida received $200 billion over 25 years in 1998) with other provinces close behind.
To make all of this non-smoking stuff work in the long run, everybody, governments and tobacco companies alike, have to be prepared to suffer in the short run. Governments will have to suffer withdrawal from their dependence on tax money from the sales of tobacco - $9 billion in Canada last year.
In other words, governments cannot have it both ways. They cannot reap the tax profits from the sale of tobacco and at the same time sue the tobacco companies.
And tobacco companies will have to realize this is 2005, not 1615. There is no excuse for foisting a noxious substance upon the populace when it is known that the substance in question is highly toxic and dangerous to our health.
Get over it, guys. Give it up. Desist. Hopefully, your days are numbered. I know you've got all those investments in tobacco farming, so I suggest you start planting and promoting soy. I can see the ads now: "Macho men drink soy milk" or "Ladies! Soy is good for your skin." Big market, lots of profits.
And for my fellow Canadians who puff, I have two words: QUIT SMOKING. If I and my friend who picked up butts from the street can do it, so can you.
Finally, Sir Walt may have been a favourite of Elizabeth I, but he was not in her successor's good books. James I kept him imprisoned in the tower for years and finally had him beheaded in 1618.
Rather fitting, I think.
http://www.edmontonsun.com/News/Columnists/Cockburn_Lyn/2005/10/06/1250296.html
If I die, blame me
By Jose Rodriguez October 7, 2005
Since 1970, federal and provincial governments have collected an estimated $150 billion in tobacco taxes.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2148
False claims and vindictive actions -ON
Re: Many inaccurate claims in column (letter to the editor, Oct. 5). - in last weeks newsletter
Eric Boyd - Waterloo, Ont. Friday October 07, 2005
The Woodstock Sentinel-Review — If it wasn’t such a serious issue, director Ontario Campaign for Action on Tobacco Michael Perley’s claim that mychoice.ca president Nancy Daigneault’s column "tried hard to deflect the debate on the province’s new Smoke-Free Ontario Act to any subject other than health,’’ as he then tried to deflect debate away from the severe economic harm caused by smoking bans, would have been laughable.
There is no doubt, except perhaps in the minds of those with extreme tobacco control views, that smoking bans cause economic harm. Rather than rehash them here, I’d invite Sentinel-Review readers to talk to those in the hospitality industry - bingo operators and the charities they support - to hear the truth.
If allowed to continue, the damage anti-smokers are foisting on our society in the name of health - and the anti-obesity groups following in their footsteps - will destroy freedom and democracy as we know it today. Their false claims and vindictive actions against those who oppose them seek, not to identify the truth, but rather convince us by deceit.
Ever hear the one about ventilation will not work because "tornadic winds’’ wouldn’t be strong enough to ventilate tobacco smoke from a restaurant or bar?
Now that’s laughable.
http://www.woodstocksentinelreview.com/story.php?id=188830
Cancer’s devastating effect on young adults
The Woodstock Sentinel-Review Lorna and Rob Larsen - Woodstock Friday October 07, 2005
Remove the compassion of nurses and the love and support of family and friends from the patients on our in-patient cancer treatment centre units and the stark reality of cancer is there - shaved head, restricted nutritional intake, excessive weight loss, daily pain and branding by a central line for chemotherapy. This insidious, devastating disease strikes young and old. Despite five decades of cancer research and treatment, we have made little progress fighting the disease that was to be eradicated by 2000.
Some treatment is helping. Your chances of survival are greater if your cancer is detected early, shared by many and profitable for the drug companies. But confronted with rare forms of the disease, your odds are greatly reduced.
Contrary to the myth that cancer is a disease of aging, young adults face the disease daily - lymphomas, leukemia, bone cancer, breast and testicular cancer. There also exists a medical paradox for young adults. Twenty-five years after Terry Fox tried to raise awareness that young people get cancer, family physicians still are not looking for it.
They see the wellness in the young patient and often misdiagnose their symptoms. Once diagnosed (often months after the onset of symptoms), many physicians at the treatment centres see only the cancer and fail to work with the strengths, the "health" the young people still have including a strong heart, the vitality of youth, will to live and extensive support network.
Young adults are often painted with the same brush and protocols as our older patients facing cancer, but do not have the luxury of time. Due to their hormones, the disease is more aggressive and often fatal. They have hopes and dreams for career and family, but their potential and that for society is lost.
Changes need to take place within our health-care system to alter the outcomes and statistics for our young adults.
Awareness and physician education is critical. Medical care and policies need to improve. Hospital weaknesses in communication, pain management, medication delivery and on-call systems have to be strengthened. Tracking and research into the cause of cancer affecting young adults is essential.
Survivors and their families, friends, concerned individuals and health-care professionals interested in making a difference need to speak out. Questions need to be asked. The Canadian Cancer Society, Cancer Care Ontario, the College of Physicians and Surgeons of Ontario, the Ontario Medical Association, Regional Cancer Treatment Centres and politicians need our help. Where are all the fundraising dollars going? How are dollars being used to target cancer in young adults? Who is tracking cancer affecting young adults and possible causes? How are family physicians being educated to be more aware of cancers in young adults? How are issues for young adults being addressed in the provincial Cancer 2020 report (the blueprint for cancer care in Ontario for the next 15 years)?
The future for young adults, our future depends on it.
http://www.woodstocksentinelreview.com/story.php?id=188829
Wrong to shoot the messenger -ON
Re: Many inaccurate claims in column (letter to the editor, Oct. 5). -in last weeks newsletter
Nancy Daigneault, - President mychoice.ca Friday October 07, 2005
The Woodstock Sentinel-Review — Why is it that whenever anti-smoking lobbyists read something they don’t like, they just attack it? Mr. Perley clearly does not like latest reports obtained under Freedom of Information from the Ontario Ministry of Economic Development and Trade. But instead of dealing with the issues, he criticizes mychoice.ca and myself for obtaining these documents and making them public.
We did not produce these reports. It is the MEDT that says the Ontario Lottery and Gaming Commission had already lost $131 million in gaming revenues as of last spring because of existing municipal smoking ban laws. It is the MEDT that states the province stands to lose $250 million to $350 million a year in OLGC revenues under a province wide ban.
And contrary to his allegation, mychoice.ca does not miss the point about health. In fact, a third of our members list quitting as a key issue and one of our campaigns involves pressuring governments to help pay for the high cost of cessation products.
It is Mr. Perley who is missing the point. He has every right to believe total smoking bans, which even deny smokers the choice of clubs or designated smoking rooms where they can go without bothering others, are justified no matter what impact they have on provincial revenues, or on bars, Legions or the thousands of needy causes in Ontario that depend heavily on charity bingos. But he should be up front about this, as should the government. They should not simply dismiss any points raised by others - or hide damaging reports until after a law has been passed.
Mychoice.ca’s main concern with new provincewide law is that it is part of an offensive campaign against smokers and is designed not to protect the public at large, but to arbitrarily force the will of one group upon another. That said, there is no doubt taxpayers in general have a stake in this. Who does Mr. Perley think will be asked to make up any shortfalls in OLGC revenues, or in funding for charity groups?
Mr. Perley might not like having to talk about these issues, but they are valid ones.
Mychcoice.ca is very open about the fact that it is funded by the Canadian Tobacco Manufacturers’ Council. But it is a registered non-profit organization and represents the interests of its 23,000 individual registered members - almost 14,000 of whom are from Ontario. We do not represent companies or other organizations.
Mr. Perley’s organization is funded entirely by governments and other organizations, that receive funding from governments and receive support from pharmaceutical companies that produce cessation products. Does this mean anything he says is suspect, because he has to support the governments that fund him and not upset drug companies by complaining about the high cost of quit smoking gum and patches?
http://www.woodstocksentinelreview.com/story.php?id=188831
Supreme folly
The recent Supreme Court decision allowing government to sue tobacco companies misses one important point that seems to be missing more and more in our society, personal responsibility.
This a legal product that everyone knows eventually kills its users. We have all known this for years and years. Now the government can sue a company over a product that is legal to sell and from which the government makes a bundle in taxes, because there are still people who smoke. What is next, alcohol? You can drink yourself to death, too.
The real addict here is the government which is addicted to money and will use any means, even one as absurd as this, to get their "fix."
Scott G. Miner Winnipeg
(Running a government's costly. There are fat bureaucrats to feed, old pals to reward, votes to buy and lies to print in high gloss.)
http://www.winnipegsun.com/Comment/Letters/2005/10/07/1251813.html
Canada's tobacco health warnings to be showcased at Museum of Modern Art
OTTAWA, Oct. 7 /CNW Telbec/ -
Health Minister Ujjal Dosanjh said "I am very proud that these labels have been recognized as being among some of the most innovative contemporary designs in the world."
Building on the success of the first set of health warnings, Health Canada is currently working towards the development of new requirements. Research shows the effectiveness of the health warnings; however, Canadians may be getting accustomed to the images displayed on tobacco packaging. The warnings will lose impact over time if left unchanged.
http://www.newswire.ca/en/releases/archive/October2005/07/c8858.html
Toronto Still Being Swamped with Litter -ON
Board of Trade says City can't win the fight alone
The Toronto Board of Trade says new figures from City Hall show that the Toronto government cannot win the fight against litter alone. Mayor David Miller says litter was improved by 4% this year. The Board of Trade is concerned that this rate of improvement may not be enough to reach Toronto's litter reduction goal.
The Downtown Yonge Street B.I.A. and the Little Italy B.I.A. have also played active roles in reducing the amount of litter found on our streets. As part of their Cigarette Butt Pilot Project, they will be installing 17 cigarette receptacles in the Downtown Yonge area between Dundas and Gerrard Streets within the next two weeks.
http://www.newswire.ca/en/releases/archive/October2005/07/c8896.html
Cigarette tax will be Big O's lasting legacy -QC
Levy was instituted in 1976; Quebec noted new plans for post-debt cash in August, finance ministry official says
KEVIN DOUGHERTY The Gazette October 8, 2005
Smokers who might have been expecting a break on the provincial tobacco tax when the debt for Montreal's Olympics facilities is paid off are in for a letdown.
The $1.5-billion bill for the Olympic Stadium, the Velodrome (now the Biodome), the twin pyramids of the Olympic village and other facilities for the 1976 games will be paid off next June - 30 years after they were built.
But the special tax on tobacco, instituted in 1976 to pay for Montreal's Olympic facilities is staying in force.
With interest, the final cost of the facilities is closer to $2.3 billion.
Yesterday, Michel Rochette, spokesperson for Finance Minister Michel Audet, first denied there ever was a special tax, then said the government has already announced the added revenues will go into Quebec's consolidated revenue fund.
Rochette recalled Education Minister Jean-Marc Fournier, who is also responsible for recreation and sport, declared in August he wanted to use the $81 million the Olympic tobacco tax generates for sporting facilities, such as new soccer fields.
"I'm a bit surprised because we already talked about that a month and a half ago," Rochette said yesterday.
"The tobacco tax has existed for years and years," he said, adding that in 1976 then-Liberal Finance Minister Raymond Garneau "decided to take part of the (tobacco) tax and assign it to the Regie des installations Olympic for the stadium."
In fact, in his 1976-1977 budget, delivered May 11, 1976, Garneau announced a "special tax on tobacco" of two-fifths a cent per cigarette, doubling Quebec's tax on a carton of 200 cigarettes from 80 cents to to $1.60.
Quebec smokers now pay $15.85 in federal excise a carton, on top of the $20.60 provincial tobacco tax, GST and Quebec sales tax.
Garneau, who is pictured in the budget document puffing on a pipe, presented a $9.730 billion budget that year, carrying a $630-million deficit. By comparison, the current Quebec budget calls for spending of $55 billion.
Garneau announced, "we have decided to tax a luxury item in order to finance what may be called luxury installations."
The Olympics were originally estimated to cost $250 million and would be "self-financing," said then-Montreal Mayor Jean Drapeau.
"The Olympic Games can no more lose money than a man can have a baby," Drapeau posited.
But by 1975, with the games less than a year away, poor soil conditions that no one bothered to check, a sophisticated design by French architect Roger Taillibert - which bedeviled Montreal engineers assigned to build the stadium - and a five-month construction strike on the site, pushed costs into the stratosphere.
Quebec stepped in, taking over construction and delivering the facilities in time, but leaving the 175-metre stadium tower and Taillibert's parachute roof unbuilt until the late 1980s.
Garneau said the Olympic tobacco tax would bring in $75 million the first year and $88 million the following year.
The RIO's special Olympic fund from cigarette taxes has actually fallen over the years as a percentage of the total tobacco tax, from 50 per cent originally to about nine percent of the current year's estimated $902-million tobacco-tax take.
Garneau also projected in 1976 that RIO's borrowings to build the Olympic facilities would be "completely reimbursed by 1982-83."
kdougherty@thegazette.canwest.com
http://www.canada.com/montreal/montrealgazette/news/story.html?id=93c739b4-cc89-42e9-8bf0-3b1959f1cc15
'It's never my fault'
Scott Miner (Supreme folly, Oct. 7) hit the nail squarely on the head. More and more people these days take zero responsibility for their actions and choices. And unfortunately they are teaching their children the same lack of ethics. "It's never my fault, must be someone I can blame."
I've made some pretty poor choices in my time and have had to live with the consequences because that is what my mother taught us growing up. The tobacco companies will just sue their insurance companies for money to pay out compensation and of course that will be passed on to Joe Public whether he smokes or not. Great system, eh?
Cathy Gilmore Winnipeg
http://www.winnipegsun.com/Comment/Letters/2005/10/08/1253377.html
City to install ashtrays to control litter -ON
By PAUL CHOI Saturday, October 8, 2005 Page A17
In an effort to cut down on unsightly discarded cigarette butts, the city will install shiny, new public ashtrays in the Yonge Street and Little Italy areas.
The three-month pilot project was announced this week by Mayor David Miller along with results of the city's latest litter audit, which found a slight improvement on last year.
"We're pleased to announce that this year's litter audit shows a continuing drop in the amount of litter on our streets," Mr. Miller said of the program.
"But there's still some recurring problems. And some of the very significant problems are cigarette butts and gum."
The small metal receptacles, to be installed on the walls of buildings, will cost about $110 each, the tab being split between the city and the two business associations.
James Robinson, executive director of the downtown Yonge business improvement area, said the project will help pretty up one of the busiest streets in the country.
"There are few places to properly dispose of cigarette butts," Mr. Robinson said. "Those who still do smoke, smoke outdoors. And the consequence is that litter and cigarette butts accumulate on our streets."
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20051008/TORBRIEFS08-2/TPNational/?query=smoking
Smoking ban blamed for job losses -SK
Saskatchewan News Network; Regina Leader-Post Neil Scott October 8, 2005
REGINA -- Saskatchewan's 17-month employment growth winning streak went up in smoke last month, partly because of job losses linked to a smoking ban in bars.
The job losses were tabulated in data released Friday by Statistics Canada that show the total number of people employed Saskatchewan declined by 3,300, to 479,700 last month from 483,000 in September.
In another comparison, 12,500 fewer people were employed last month compared to August of this year.
Labour Minister Deb Higgins said the job decline was a "glitch," coming in the aftermath of a 17-month period in which employment had consistently increased on a year-over-year comparison.
"This decline may be as a result of the smoking ban in drinking establishments," Higgins said.
But Higgins said she is confident employment in bars and in the accommodation and food industry will stabilize as customers become more accustomed to the ban on smoking, introduced earlier this year.
The ban on smoking in bars "has been very popular" with the public, Higgins told reporters.
Data released Friday indicate there were 27,200 people employed in the accommodation and food services industries which includes bars) last month, down 4,600 compared to September last year.
What that means is that Saskatchewan would have had a 1,300 overall increase in jobs last month (compared to September 2004) if it had not been for the job losses in those industries.
That sector was not the only one suffering losses, as jobs in the "trade" and in the "fi nance, insurance, real estate and leasing sectors" also dropped.
But Higgins noted that jobs were up in several other key sectors including manufacturing, construction, transportation, agriculture, resources and public administration. The overall decrease in jobs "is obviously disappointing to us," Higgins said.
But the September numbers "are solid, paling only by comparison to last year's record employment in September," Higgins added.
Opposition Saskatchewan Party MLA Lyle Stewart said the job statistics provide further evidence the province is going in the wrong direction under the NDP government.
"It's time for the NDP to admit that they are poisoning the business climate and driving people, jobs and opportunities out of the province," Stewart said.
A new approach that would involve lowering taxes, reducing government involvement in the economy and creating a more investment-friendly atmosphere is needed, Stewart said.
Stewart stopped short of calling for a repeal of the legislation that banned smoking in bars.
"I'm not saying that they (the government) should back off completely," Stewart said, adding there may be some possibility for modifi cations to accommodate bar owners as well as customers who like to smoke.
Mary Ann McFadyen, executive director of the Saskatchewan Chamber of Commerce, said there is no question the smoking law has created problems, particularly for bars and hotels in rural areas.
Higgins is only partially correct in claiming that the job numbers in Saskatchewan have been positive for 17 consecutive months prior to last month, MaFadyen said.
It's true that job numbers have been increasing, she said. But the slow job growth in Saskatchewan compared to nearby provinces is a concern, she said.
http://www.canada.com/saskatoon/starphoenix/news/business/story.html?id=6c83af2c-64d9-48ae-8de6-cdbee14c4a91
Ruling rightly blames adults for teen addictions, says Linda McQuaig
LINDA MCQUAIG Oct. 9, 2005. 01:00 AM
The tobacco industry and its supporters have long insisted that smoking is simply a matter of "individual choice."
They note that the dangers of smoking are well-known, and yet people choose to smoke anyway — just like people choose to drive cars even though they realize many die in car accidents, and people eat junk food even though they know that can cause heart problems.
But cigarettes are in a class by themselves when it comes to their sheer killing power. Fully half the people who take up smoking on a long-term basis will die from it. That can't be said of driving cars or eating potato chips.
Furthermore, is it meaningful to talk of "individual choice" with a product notorious for its addictiveness?
Many a child made the "choice" to become a lifelong smoker at the age of 13 or even younger, when offered a cigarette in a schoolyard or hanging out at a mall, long before he or she could possibly appreciate the consequences to be faced 30 or 40 years later.
A recent Canadian study showed more than 90 per cent of adult smokers say they regret their decision to start smoking.
Getting young people hooked on smoking has long been the bread and butter of the tobacco industry.
Companies have gone to great lengths to present smoking as the symbol of coolness and rebellion — something highly seductive to teenagers. When governments have blocked marketing and selling to teenagers, the industry has figured out other ways to get their logos in front of young eyes; like sponsoring music and sports events.
Internal tobacco company documents have shown that targeting teens has been a key industry strategy.
So the notion of "individual choice" in becoming a lifelong cigarette addict is dubious.
Even more dubious is the notion of "individual choice" when it comes to paying the $4 billion health-care bill of smoking-related diseases, which kill 47,000 Canadians a year.
Clearly this financial burden isn't shouldered just by individual smokers, but by all Canadians, whose taxes pay for our public health-care system.
So it's encouraging that the Supreme Court of Canada has unanimously upheld a B.C. law allowing the province to sue cigarette makers to recover smoking-related health care costs. The court saw evidence showing that for decades the tobacco industry actively covered up its own research showing how lethal smoking is.
The ruling could direct some badly needed cash into our health-care system.
More importantly, it could pave the way for far-reaching reforms that would make it difficult for cigarette manufacturers to profit from hooking young smokers. One option urged by Non-Smokers' Rights Association would be to penalize tobacco companies based on the number of customers under the age of 19.
Ultimately, the court ruling clarifies that the blame for the nation's overflowing cancer wards belongs not on uninformed 13-year-olds, but on the well-informed adults mapping out marketing strategies in the boardrooms of the tobacco industry.
Linda McQuaig is a Toronto-based author and commentator. lmcquaig@sympatico.ca.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1
&c=Article&cid=1128723024909&call_pageid=968256290204&col=968350116795
Do we really want private decisions regulated, asks Rondi Adamson
Rondi Adamson Oct. 9, 2005. 01:00 AM
I do not smoke. But I accept, as part of living in a country with taxpayer-subsidized health care, that I have to pay for other people's stupid choices, as well as their misfortunes. And likewise. That people make stupid choices may well be at least one argument in favour of privatized health care. But those same stupid choices don't strike me as being much of an argument in favour of governments (or, for that matter, individuals), suing tobacco companies for the cost of tobacco-related illnesses.
A choice is just that. For more than 40 years the perils of smoking have been known to us. An emphasis on personal responsibility in this country would be refreshing.
How far would we like to take things? It is indisputable that smoking causes illness.
It is also true that all kinds of illnesses could be avoided — the cost of them, as well — if people would control their weight. Cirrhosis of the liver could be avoided if people wouldn't drink, high blood pressure if one exercised more and stayed away from aggravating situations.
Careful use of condoms can prevent all manner of disease and unwanted babies, the former causing pain and costing money now, the latter sure to cost a bundle right now, and to develop bad, pricey habits of their own down the line.
But just how much do you want your private decisions regulated by others, snitched-on by your neighbours or used by your government so they can make some money?
It is not inconceivable that junk food will be next.
A report released this week by the Ontario Medical Association found obesity rates in Canadian children had nearly doubled between 1981 and 1996. Thirty years from now, those kids will be making us pay through the nose for stomach staplings. Will the government tax their chips, and sue Ruffles?
The Supreme Court's ruling doesn't just set a dangerous precedent.
It represents an utterly transparent double standard. Our governments continue to allow tobacco to be sold, and collect taxes on cigarettes. They also sell liquor and promote gambling. Should Canadian citizens sue them, then, for encouraging and profiting from such deadly endeavours?
Or perhaps tobacco should simply be banned. That would be less hypocritical than suing a tobacco company whose product you tax.
But banning tobacco would be a mistake, depending on the kind of society you want to live in. I want one where adults are free to take risks and indulge in their own selection of vices, within reason.
Adults, in turn, should then be held responsible for whatever those vices bring about. And a government that taxes cigarettes to high heaven, and then claims tobacco companies owe it money to cover treatment for emphysema and lung cancer, is not being held responsible for its own policies.
But that would suit them fine, since, while they decry smoking, the last thing any government that taxes cigarettes wants, is for its citizens to stop the deadly puffing.
Rondi Adamson is a Toronto writer whose work has been published in the Christian Science Monitor, Wall Street Journal Europe and USA Today
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&
c=Article&cid=1128723024912&call_pageid=968256290204&col=968350116795
Addiction and Illness
Warning: Tobacco use can be very profitable for your government, and used for or against its citizens (you, dummy), depending on the spin needed in order to maximize cash for said government. (Government of Canada, the same guys who created that fairy tale called Health Canada.)
Glenn Schneider
(Our governments are addicted to tobacco taxes.)
--------------------------------------------------------------------------------------
The ministry of health claims smokers cost the health-care system millions if not billions of dollars. Once and for all, for the public's benefit, could the ministry of health break down those figures, and show exactly how the smokers and second-hand smoke cost the government? If the ministry of health can't 'back' up those figures then it is not an issue.
Thomas Laprade
(Smoking is the No. 1 preventable cause of illness.)
http://calsun.canoe.ca/Comment/Letters/2005/10/09/1254633.html
A duty to ban tobacco products
Oct. 10, 2005. 01:00 AM
Suing Big Tobacco
Is there any greater hypocrisy than governments suing tobacco producers? They argue that our health-care system is burdened with additional costs, resulting from people who make a choice to smoke tobacco. These folks are effectively supported by government through its unwillingness to pass laws banning the sale or use of tobacco. Let's just stop and weigh this up. Our government, whose job is to make laws to protect society, fails to do that while raking in billions of tax dollars from the sale of this harmful substance.
In civil law, to be held liable, a person's or a company's actions must cause damage and those damages should have been foreseen by a reasonable person. From my vantage point, it is the federal and provincial governments who have a duty of care and their failure in that duty has resulted in the damages they are seeking to recover.
Even if manufacturers were found to be liable, is it not fair that we consider all of the taxes taken in from the sale of tobacco as an offset credit against these added costs? If our government really feels that tobacco use has a net cost to the treasury, then banning its use and forgoing the tax revenue should not be an issue. Or could it be that the use of tobacco brings in more tax revenue than the additional cost it imposes on the health system?
Michael H. Williams, Waterloo, Ont.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1
&c=Article&cid=1128723023427&call_pageid=968332189003&col=968350116895&DPL=IvsNDS%2f7ChAX&tacodalogin=yes
Keep raising taxes to curb smoking
Oct. 10, 2005. 01:00 AM
If the provinces can get together to sue tobacco companies, they can get together to do something more immediately effective: raise their taxes.
A Supreme Court ruling in late September gave the province of British Columbia the right to sue tobacco companies under its Hospitals Act to recover costs incurred in treating illnesses caused by smoking.
Other provinces, including Alberta, were interveners in the case, supporting British Columbia's arguments. B.C. asserted the right to sue not only for damages caused by tobacco companies in the past 50 years, but for costs to be incurred in the future. Clearly British Columbia and its fellow-travelling provinces have no intention of doing what would be truly principled and ban tobacco sales completely.
It's more than a little unseemly for provinces to demand billions of dollars now, and the prospect of more in the future for products whose sale they permit, intend to permit in the future, and whose taxes pour millions into their treasuries.
The key issues here are more about tactics than principle. Is it more effective to sue tobacco companies out of existence, tax them out or legislate them out? The third option is the principled one, but regrettably, it would likely not succeed.
Every province knows that if it banned cigarette sales, the smuggling floodgates would open with contraband supplies crossing its borders from the U.S and other provinces.
Suing the tobacco companies might succeed, but it promises to be a very long and expensive haul. The Supreme Court ruling only endorsed B.C.'s right to sue; it didn't comment on the likelihood of a lawsuit succeeding.
The tobacco companies will fight any lawsuit to the final gasp, using every legal tactic to string it out as long as possible. The legal bills of the provinces will mount into the millions. So sue if you like, but don't do that alone.
Tax and sue together, increasing levies more than enough to cover the legal costs of the lawsuit, to pay for extra police to fight smuggling, and to encourage smokers to quit. Better still, announce a long-term plan to steadily ramp up tobacco taxes over time.
Smokers, especially young ones, respond to prices. The higher they rise, the more people quit. In 2001, Alberta tax hikes led to a 24 per cent reduction in the number of smokers.
The provinces seem to have no problem getting unanimity on a wide range of issues — generally when it to comes to demanding more from the federal government. Here's an area where they can come together and do something good for all Canadians, without creating a fight with the feds: strangle the tobacco companies by choking off demand.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1
&c=Article&cid=1128723023385&call_pageid=968256290204&col=968350116795
Roseau River expands casino -MB
By Matt Goerzen Tuesday, October 11th, 2005
Will hold 60 VLTs when finished
THE Roseau River Anishinabe First Nation is cashing in on the popularity of its recently built gambling centre by constructing an addition and expanding its VLT operation from 20 to 60 machines, says band Chief Terry Nelson.
Nelson said a week after the facility opened Aug. 19, band members found it was too small to accommodate the large volume of customers from the surrounding communities.
"The revenue has been there," said Nelson. "But it wasn't a big enough facility. It looked like it was kind of small when we were building it. It's way too small for what we wanted to get done."
The reserve made headlines this summer by being the third native community in Manitoba to open a gaming facility that allows its patrons to smoke.
Non-native communities came under a province-wide smoking ban in all public places, including restaurants, bars and hotels one year ago yesterday, a ban that was upheld late last week in a Manitoba court.
The province says it may not have jurisdiction over smoking on reserves, however, so casinos on reserves allow smoking, which irks competing casinos that can't let customers smoke.
Renovations at Roseau River, 100 kilometres south of Winnipeg, are already underway to enlarge the facility from its current 6,000 square feet to 8,000 square feet in what Nelson said is the first stage of planned expansions. The facility houses a Bingo hall and a restaurant, but the 20 VLTs in the building have been the biggest cash cow.
"It's just a response to demand," said RRAFN Gaming Consultant Curtis Jonnie. "Bingo is always in a break-even situation. It's the VLTs that are really driving the business. The current facility was built with expansion in mind."
Under its existing licensing agreement with the Province, the gaming centre is permitted up to 60 VLTs.
In addition to the 40 new machines, the $140,000 expansion will also accommodate a lounge area, and space for the band's planning office.
While he admits business has been good, Nelson was hesitant to elaborate on community support in the region.
"That's a national secret," laughed Chief Nelson. "It's doing good. That's all I want to say about that."
The expansion is scheduled for completion by the end of October.
www.winnipegfreepress.com
Bingo loss Analysis -AB
I'm a non-smoker and I've played bingo for years with smoke blowing in my face, sticking to my hair and clothes, filling up my lungs and making my eyes water. Even in halls with non-smoking rooms, guess where the bathrooms, food service, bingo sheets, entrances and exits were? Out in the smoking section! So it makes me mad to hear that bingo halls are losing business now that the smoking bylaw is in place. The bylaw doesn't say they can't smoke, just limits where they can smoke. If smokers are going to be such addicted babies and refuse to go to bingo now, then blame them, don't blame the city or us non-smokers! You're blaming the wrong people!
Pat Dube
(Under the N: non-smoking.)
http://www.edmontonsun.com/Comment/Letters/2005/10/10/1256745.html
Smoking bans do create financial losses -ON
Re: Province faces $350M annual loss in gaming revenue from smoking ban (guest column, Sept. 29).
Irene Cyr - Boisbriand, Que. Tuesday October 11, 2005
The Woodstock Sentinel-Review — Re: Many inaccurate claims in column (Oct. 5 letter to the editor from Michael Perley, director Ontario Campaign for Action on Tobacco).
Mr. Perley, please do not insult the readers’ intelligence. If there were no financial losses due to smoking bans, do you think that in Saskatchewan, Manitoba and Quebec, bar owners would be paying thousands of dollars in lawyer and court fees to fight the government on these laws?
If there was any sound and scientific evidence in the second-hand smoke harm, don’t you think that the two Quebec class action lawsuits would also include non-smokers that were subjected to it? It would be interesting if you could produce the proof that the WCB has paid casino employees for ailments due to second-hand smoke.
If that were the case, the lawyers and courts would be submerged with customers demanding the same compensation. If you continue altering the facts as you do, you and your organization will lose all credibility. Too bad, as before these abusive bans, the smoking rate was declining steadily. It now might take the exact opposite direction.
http://www.woodstocksentinelreview.com/story.php?id=189103
Posted at 2:57 pm by looped_ca
Bars shut doors across province to protest smoking ban -NL
By BRADLEY BOUZANE, The Telegram Tuesday, October 11, 2005
Many members of the Beverage Industry Association of Newfoundland and Labrador (BIANL) followed through on their threat to protest the province’s smoking ban by shutting the doors to their establishments Monday.
BIANL president Marcel Etheridge said as many as 100 bars across the province took part in the protest in an attempt to convince government to allow licensed establishments to construct designated smoking rooms.
“This was a symbolic protest,” Etheridge said Monday, “first against the government, and the other thing was this was the bar owners’ way of saying to the smoking customers — which is still the largest majority of our patrons — that we appreciate their business and are going to protest to try and get a smoking room for smokers.
“In many cases, when laws are put in place, people protest and then give up and accept it … but we can’t give up protesting because this is our livelihood, it’s not simply an inconvenience. If we do not get a designated smoking room, we’re out of business and that’s the way it is.”
Etheridge, who operates a number of bars, said three bars — one in Gander, another in Traytown and a third near Bonavista — have already fallen as a direct result to a reduction in business to the smoking ban.
He said many bar owners are hanging on by the skin of their teeth until they are allowed to get a designated smoking room to stay afloat, hoping it would keep them in business and bring back some lost customers.
Evelyn Glavine, owner of a nightclub and billiards lounge in Grand Falls-Windsor, as well as a pub in Gander, took part in the protest and shut the doors to all three establishments Monday.
She said since the July 1 smoking ban for licensed establishments and decks, business has been in a tailspin. The ban, she said, has spawned problems near the bars that owners never had to deal with before.
“We did this (protest) on behalf of the smokers because no one is out there speaking for them and we know they’re there,” Glavine said.
“The government want them to go away in the bushes to have their cigarettes and we don’t think it’s fair. The only thing we’re asking for is a room where they can go and have a cigarette.
“What we’re finding now, where everybody is outside having their cigarette, they’re basically using the club for entertainment and listening to the music from the outside. They don’t (come into) the club, they just stay out and party in their vehicles.”
Glavine said her sales were down 40 per cent in July, about the same in August, and while month-end figures for September haven’t been tallied, she said they definitely didn’t increase.
Considering the ban started in the warmer summer months, Glavine is dreading the sales figures she’ll face this winter when having a cigarette outside becomes more uncomfortable.
She said bars in smaller areas are at a further disadvantage because due to less tourism traffic that would bring extra dollars to the businesses.
“There’s a lot of tourism in centres like St. John’s, but we don’t get that,” Glavine said.
“Pretty much everything in regards to festivals is over now that would bring tourism, but (we depend on regulars).
“We’re not saying we should go back to putting ashtrays out in the bars. All we’re saying is we want a comfortable place (people) can have a cigarette. Ninety per cent of our customers are smokers, and all we’re saying to government is to give us 10 per cent of our space for a smoking room. We think it’s a reasonable request.”
Etheridge said his patrons were not upset that he shut his doors during the holiday long weekend. Most of his customers, he said, appreciated his willingness to lose money to defend the rights of smokers.
He said some bars in the province are taking measures to construct smoking rooms in defiance of the law. There are two designated smoking rooms being built, Etheridge said. A third is already up and running in central Newfoundland. He government has not stepped in to shut down that room.
The setup of a designated smoking room is not an option Glavine has ruled out for either of her three businesses.
She said something must be done by government to save countless bars that have lost money since the smoking ban came into force.
bbouzane@thetelegram.com
http://www.thetelegram.com/
Financial Burden
I admit Jose Rodriguez's arguments are not without merit, but he fails to discuss the financial burden on all taxpayers caused by the millions spent on additional health care secondary to smoking. ("If I die, blame me," Oct. 7.) Smoking contributes to about 32 diseases. I would come to his side if all smokers were made responsible for smoking-related health issues. I realize this is not practical. Smoking is a horrible addiction that controls its victims. Counselling and other help should be more available. The legal actions against tobacco companies should be prosecuted.
Gary J. McLaughlin
(Governments make more profits than tobacco companies.)
http://calsun.canoe.ca/Comment/Letters/2005/10/12/1258522.html
Penalize rowdy bars: councillors -ON
Carly Weeks The Ottawa Citizen Wednesday, October 12, 2005
Holmes, Bedard would recover costs from repeat bylaw offenders
Ottawa's downtown councillors want the city to crack down on bars they say are allowing late-night noise and drunken carousing to get out of control.
Somerset Councillor Diane Holmes will ask city council today to pass a motion requiring bylaw officers to be more aggressive with bars that allow or create problems.
"This is ridiculous, and it's time to now start charging the bars," Ms. Holmes said yesterday. "When people come out of the bar drunk and there's behaviour that the city is trying to control ... that cost should be transferred back to the business owner."
Ms. Holmes' ward contains the strip of bars along Elgin Street. She said while most establishments don't cause problems, "there are a few that are out of control."
While the city already has cost-recovery bylaws that allow it to bill bars for enforcement costs, they have not been used. And, according to Ms. Holmes, that's only because Ottawa has a dismal record of enforcing its own bylaws. "We have very weak enforcement at the city."
But some businesses say the city's bylaws already go too far. Fines for noise violations and other infractions make sense, but it's unfair for the city to threaten businesses with having to pay bylaw enforcement costs, said Robert Peterson, manager of the Whiskey Bar in the Byward Market.
"We pay business tax. Any business pays a lot more tax than the average individual, for the most part. To go above and beyond that, I think is a little excessive," he said. "I don't think there should be any reason to double-tax."
Ottawa and Mississauga could be the only Canadian cities with bylaws that allow the municipality to charge bars for enforcement costs, said Susan Jones, the city's director of bylaw services.
So far, though, Ottawa's bylaw department has chosen to negotiate with bar owners, instead of billing them for enforcement costs.
But if Ms. Holmes' motion is approved today, bars can expect to be billed when they repeatedly violate bylaws. "If they don't comply, then they may have to pay for the cost of the additional enforcement resources needed to address problems," said Ms. Jones, adding that those costs would be over and above fines the bar would pay for bylaw violations.
"Quite often, a ticket might be, for a noise charge, $200 on a ticket. We might have spent $1,000 in staff time having to deal with that ticket," Ms. Jones said.
Ms. Holmes isn't the only council member complaining about noisy bars. The situation is much the same in the Byward Market, said Rideau-Vanier Councillor Georges Bedard, who represents that area.
Mr. Bedard supports Ms. Holmes' motion because he said taxpayers shouldn't foot the bill for repeat violators.
"It's very costly for all of us," he said. "We have some establishments that, unfortunately, we end up going and visiting on a constant or regular basis. We somehow have to say to these people, 'What you're doing is unacceptable.' "
Ms. Holmes said enforcing the bylaw will make bar owners realize they have to be responsible when it comes to those they serve and how much they allow people to drink in their bars.
There are about 400 licensed establishments in Ottawa's central area, according to Ms. Holmes' motion.
During a crackdown on downtown bars in the spring, 318 charges were laid. The operation was conducted by police, bylaw and fire services, as well as Ontario's Alcohol and Gaming Commission. Several people were caught with open liquor in parks near Elgin Street and 30 noise bylaw charges were laid.
The Fire Station Bar, for example, was charged for overcrowding on its patio. Privilege Bar was charged twice for the same offence.
The Bulldog Pub faces a licence suspension for serving a minor, according to statements in Ms. Holmes' motion.
http://www.canada.com/ottawa/ottawacitizen/news/city/story.html?id=a8ad970b-f22e-4ce8-99de-6cb81cff7387
Mychoice.ca has gone country
Mychoice.ca has gone country and sponsored the recording and national promotion of an original smoker’s protest song “My Choice.”
All that’s needed now is for a few people in every place with a country station to make a few quick calls. Just phone in and request “My Choice” by “Too Drunk to Fish.” If they have haven’t heard of it, tell them it was sent out Sept. 27 and to check with their music director. Keep calling till they play it.
Link added to our music section http://www.smokersclub.com/audio/srmusic.html
For sale: Tobacco kilns, and lots of them -ON
Jeff Helsdon - Staff Writer Wednesday October 12, 2005
Tobacco troubles affecting many
The Tillsonburg News — A small market has developed for used tobacco kilns.
One of the issues tobacco farmers were concerned about with the now-past buyout was the loss of capital on their tobacco-specific assets, such as kilns and priming machines.
The tobacco buyout removed 279 quota holders from the province. If each had an average of six kilns, that leaves more than 1,800 kilns across the tobacco belt. The buyout didn’t address those assets and kilns are rusting away in kiln yards across tobacco country.
While there isn’t a huge demand for kilns, the good news is some are selling.Colin Decker of Colin Decker Builders specializes in moving buildings, but didn’t plan on moving buildings this year because of the red tape involved. However, the number of calls he received from people asking if he would move bulk kilns, changed all that.
“We just go so many calls that we inquired about getting the proper insurance and permits,” he said. “It took us six weeks to get all the paperwork in place. As soon as we got set up we were non-stop and we have been non-stop ever since.”
He teamed up with Eric Taylor, whose father Don was one of the original movers in the area. Decker said he is moving anywhere from one, two or three kilns up to 14 for each farmer. By the end of the season he expects to have moved 50.
Decker isn’t surprised there would be used kilns around at a reasonable price.
“It would be like 50 per cent of Norfolk County losing their driver’s license,” he said. “There would be some bargains on cars around. It’s unfortunate, but the ones who stuck with it are making the best of a bad situation.”
Simcoe-area farmer Rick Kichler is one of the farmers who took advantage of the excess kilns on the market. He added two to increase curing capacity, and wished in hind sight he bought more.The price was right, with each costing $5,000. That’s much less than the $30,000 cost of new kilns.
Otterville-area grower Hugh Zimmer took the buyout package and wishes he could unload some of the 50 kilns he has.
“The problem simply is how do you market something when there’s such a surplus,” he said.
Zimmer still used some of the kilns this past year to honour sharegrowing contracts he had for this year. What will be grown on the farm next year is still a big unknown.
Zimmer said corn was selling at $3 per bushel when he started farming in 1973. Now it’s $2.30 to $2.40 per bushel. He said tobacco isn’t a lot better with natural gas and electricity costs going up and the tobacco price going down on B grades.
Even getting rid of the the kilns isn’t always a money maker, Zimmer said. To remove a kiln, the electricity has to be disconnect, gas disconnected and then the farmer pays to dispose of the concrete pad.
“When it’s gone you still have nothing,” he said. “Then you have to figure out how to get the property taxes down to the point where you can make a living off 100 acres of sand.”
The downturn in tobacco has also hit home for DeCloet Ltd. The manufacturer of bulk kilns, automatic harvesters and other tobacco equipment didn’t build a harvester this year. It was the first year in a long time where there were no orders.
Kiln sales also took a hit.
“It’s very difficult to sell new when there’s so much used available,” said Len Erdelac of the company’s sales department.
DeCloet used to sell a fair amount of equipment into the United States. But a quota buyout there and the high Canadian dollar have curtailed sales in that direction.
As a result, the company has downsized considerably. It has diversified somewhat into the manufacture of construction heaters and is still servicing its harvesters and kilns.
http://www.tillsonburgnews.com/story.php?id=189588
Top Ontario Air Polluters Revealed
Latest data show most reported pollution in Ontario is dumped into the air
OTTAWA, Oct. 12 /CNW/ - Companies in Ontario emitted more than 888 million kilograms of air pollution in 2003, most of it associated with respiratory illnesses such as asthma and bronchitis, says a new Ontario pollution overview released today by Environmental Defence and the Canadian Environmental Law Association. That ranks Ontario No. 2 in Canada, after Alberta, for reported air releases in Canada.
http://www.newswire.ca/en/releases/archive/October2005/12/c9853.html
Top New Brunswick Air Polluters Revealed
Latest data show most reported pollution in New Brunswick is dumped into the air
OTTAWA, Oct. 12 /CNW/ - Companies in New Brunswick emitted more than 175 million kilograms of air pollution in 2003, most of it associated with respiratory illnesses such as asthma and bronchitis, says a new New Brunswick pollution overview released today by Environmental Defence and the Canadian Environmental Law Association.
http://www.newswire.ca/en/releases/archive/October2005/12/c9864.html
Top Quebec Air Polluters Revealed
Latest data show most reported pollution in Quebec is dumped into the air
OTTAWA, Oct. 12 /CNW/ - Companies in Quebec emitted more than 727 million kilograms of air pollution in 2003, most of it associated with respiratory illnesses such as asthma and bronchitis, says a new Quebec pollution overview released today by Environmental Defence and the Canadian Environmental Law Association. That ranks Quebec No. 3 in Canada, after Alberta and Ontario, for reported air releases in Canada.
http://www.newswire.ca/en/releases/archive/October2005/12/c9846.html
Top Alberta Air Polluters Revealed
Latest data show most reported pollution in Alberta is dumped into the air
OTTAWA, Oct. 12 /CNW/ - Companies in Alberta emitted more than 1 billion kilograms of air pollution in 2003, most of it associated with respiratory illnesses such as asthma and bronchitis, says a new Alberta pollution overview released today by Environmental Defence and the Canadian Environmental Law Association. That ranks Alberta No. 1 in Canada, followed by Ontario and Quebec, for reported air releases in Canada.
http://www.newswire.ca/en/releases/archive/October2005/12/c9856.html
Smash-and-grab thief gets 3-year jail term
By DAVENE JEFFREY Staff Reporter
A young Dartmouth man involved in three thefts earlier this year in which vehicles were driven through the front of stores has been sentenced to three years in prison.
Adam Leslie Griggs, 20, of Portland Street was sentenced Wednesday in Dartmouth provincial court on 13 charges including break, enter and
theft, possession of stolen goods and failing to stop while being pursued by police.
Tall and slim, Mr. Griggs wore jeans and a white undershirt under an open blue plaid shirt. He sat quietly throughout the hearing.
On Feb. 28, Mr. Griggs was involved in a smash-and-grab-style theft, in which a stolen van was driven through the doors of Penhorn Mall and into the Crescent Gold and Diamonds shop.
"Security tapes show the vehicle took two runs in order to get through the (jewelry store's) security doors," Crown attorney Greg Lenehan told the court. Jewelry worth $10,000 was taken, and nearly $25,000 worth of damage was caused to the mall and the store.
In March, Mr. Griggs participated in two similar thefts at grocery stores. On March 1, a stolen van was driven into the front of the Sobey's smoke shop in Fall River, and tobacco products were taken. About four weeks later, a stolen van was driven into the tobacco shop at the Porters Lake Superstore, and more cigarettes were stolen. Mr. Griggs and an accomplice were arrested later in Gaetz Brook.
Mr. Griggs's first known foray into crime was in December 2003, when he used his father's vehicle to steal some tires and rims from a car dealership.
This past Valentine's Day, Mr. Griggs stole a car which had been left running outside a veterinary clinic on Portland Street in Dartmouth. A short time later, police spotted the stolen car at Penhorn Mall and followed it. Mr. Griggs led police on a high-speed chase through a nearby residential area before he and another man ditched the car on Canal Street and were caught trying to run away.
During a search of Mr. Griggs's possessions, officers turned up goods stolen in a break-in at Cash Mart, the court was told.
Mr. Griggs has been in custody for the past six months, much of that time spent at the Cape Breton Correctional Centre.
All of Mr. Griggs misdeeds seem to stem from an unnamed traumatic incident in his life which the Crown, defence and judge all alluded to during the hearing.
"Clearly, you haven't addressed that," Judge Anne Derrick said, urging Mr. Griggs to "turn this page and move on with your life."
Judge Derrick said she agreed with defence lawyer Pat Atherton and Mr. Lenehan's joint recommendation for a three-year sentence.
Once paroled from prison, Mr. Griggs has a job waiting for him at his uncle's construction business in Ontario, Mr. Atherton said. Mr. Griggs's father was present in court Wednesday.
http://thechronicleherald.ca/Metro/457560.html
Final Approval of Bill 164 Marks a New Era in Tobacco Control in Ontario: Health Agencies -ON
FOR: ONTARIO CAMPAIGN FOR ACTION ON TOBACCO
JUNE 8, 2005 - 11:44 ET
TORONTO, ONTARIO--(CCNMatthews - June 8, 2005) - Today's anticipated vote to approve Third Reading of Bill 164, the Smoke-Free Ontario Act, marks the beginning of a new era in tobacco control in Ontario, according to leading health agencies which have long advocated passage of the Bill.
The vote to approve the Smoke-Free Ontario Act, expected before Question Period today, will make virtually all public places and workplaces in the province 100% smoke-free as of May 31, 2006. It will also start a process toward a complete ban of retail displays of tobacco products on that date, which will be completed by May 31, 2008.
"Bill 164 will make nearly all workplaces and public places in the province 100% smoke-free," said Michael Perley, Director of the Ontario Campaign for Action on Tobacco. "The only exceptions are a few smoking rooms still functioning in long-term care facilities and psychiatric facilities, and hotel and motel rooms have still not been addressed. Other than these minor exceptions - and protection for workers is provided for in the Bill in the first two cases - we've reached our goal of a level playing field."
Perley also congratulated the government on strengthening the retail display ban provisions of Bill 164. "Going into April hearings on the Bill, there was no final date for a complete display ban. This would have left our kids exposed to tobacco industry products, and the message that they're normal and relatively harmless, indefinitely. Now, we have a drop-dead date for these displays of three years, which also allows plenty of time for adjustment by the retail sector."
The next steps in the full implementation of Bill 164 are the writing of regulations, particularly those concerning the transition period for retail displays and the regulation of smoking on outdoor patios, and the preparation of enforcement and public education plans.
The Ontario Campaign for Action on Tobacco is a coalition of provincial health agencies that have been working together since the early '90s in support of the implementation of effective tobacco control policies in the province of Ontario
-30-
FOR FURTHER INFORMATION PLEASE CONTACT: Michael Perley
link to over 75 reports on Supreme court ruling
http://news.google.com/news?hl=en&lr=&rls=com.netscape:en-US&tab=wn&ie=UTF-8&ncl=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20050929/bc_tobacco_lawsuits_050929/20050929%3Fhub%3DCTVNewsAt11
**investigate leave the pack behind !! - see http://www.mhp.gov.on.ca/english/news100305.asp
Overview and Summary of Responses to Proposed Cigarette Ignition Propensity Regulations and Regulations Amending the Tobacco Reporting Regulations - Bill enacted Oct 5/05
http://www.hc-sc.gc.ca/hl-vs/pubs/tobac-tabac/osrpciprratrr-arprrripc/index_e.html
My letter To Woodstock Sentinel editor
Woodstock is in Oxford County. It is only one of the few counties that grows tobacco in Canada. There is a need for this product obviously, cause there's smokers. When a paper doesn't show the neighbours and family heartache, it's ignoring the farmers caught in the middle. (1)
The board accepted lower tobacco prices and lower volumes this year because of lower-priced imported tobacco and higher cigarette taxes. The amount of imported tobacco has risen to about 10 million pounds from four million over the past five years.(2) Rather than protecting the economy our government, with its ill conceived social engineering agenda is destroying farms and businesses, causing Ontario to become a "have not province". There are still at least 20% of the Canadian population smoking, according to Stats Canada. Although it makes you wonder how many there really are, crime rates have increased, smuggled and contraband tobacco has become a big underground business. In other words there is a need for quality Ontario tobacco.
“When you take $150,000 out of the cash flow of an individual [farmer] in three years' time, it hurts big time.” said president of Tobacco Farmers In Crisis, Brian Edwards in April. Since June OCAT (Ontario coalition against tobacco) has asked people to "contact MPP's in your province/riding to ask that funding be restored to Health Canada's tobacco control programme prior to funding being given to tobacco farmers." (3) It’s good to see that the OCAT care's for farmers of Ontario. It's also good to see that the tobacco control extremists realize how much they are actually hurting people who just want to be able to live. Increased funding for their "charity" and it's highly paid executives is obviously more important to them than providing support for the farmers in your area who are being forced into bankruptcy, and affect election outcomes. (4)
I agree with Nancy that we do need information from both sides of the issue. Action on Smoking and Health, was quoted in January that banning smoking in workplaces doesn't hurt businesses. He noted five provinces and territories have already brought in universal smoking bans. "The only industry that is affected by smoking bans is the tobacco industry," (5) Well the Freedom of information request has proved otherwise, and your local tobacco farmers can attest their damage.
Thank You
Linda Duguay
Editor of the Canadian Smokers Club Inc. Newsletter
Available at http://www.smokersclubinc.com/modules.php?name=News&new_topic=58
for your reference:
1 http://www.cbc.ca/story/business/national/2005/09/17/tobacco_farmers20050917.html
2 http://www.businessedge.ca/article.cfm/newsID/9890.cfm
3 Ninth point down on page http://www.ocat.org/whatsnew.html
4 Making Tobacco Control an Election Issue
Les Hagen
4 Calgary Herald article January 8, 2005http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=940
Posted at 2:54 pm by looped_ca
Thursday, October 06, 2005
The Supreme Court of British Columbia has Ruled that Big Tobacco can be sued for Health Costs going back as far as 50 years.
Steve Hartwell
To get it, 'They' had to dispense with the 3 foundations that make our Justice System even remotely democratic.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2133
Complaint to the CRTC
I was shocked to see that there was a smoking sucks ad on the TV. The reason for the shock was that there was a picture of a "black lung" included in the ad. I have done some research and the only account I can find of a black lung is in Coal miners. This is false advertising from what I can see.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=1900
The Canada Revenue Agency Strengthens its Measures to Prevent the Sale of Illegal Tobacco Products
MONTREAL, Sept. 27 /CNW Telbec/ - The Canada Revenue Agency (CRA), in cooperation with the Royal Canadian Mounted Police (RCMP) and Revenu Québec, is pleased to launch an awareness campaign, targeting all tobacco merchants and retailers in Quebec, reflects the federal government's desire to combat non compliance with tobacco related tax legislation.
In addition, in order to enhance CRA's ability to ensure compliance with federal tobacco legislation, the February 2005 federal budget allocated 8 Million dollars to the CRA over 5 years. These resources will be used to implement key initiatives at three different stages of the tobacco production and distribution system: enhancements to the stamping and marking regime for manufactured tobacco products, increased audit activities for tobacco manufacturers, and increased monitoring and tracking of raw leaf tobacco.
http://www.newswire.ca/en/releases/archive/September2005/27/c4453.html
Province Faces $350 Million a Year Loss in Gaming Revenues from Smoking Ban Confidential Government Report Warns -ON
September 28, 2005
The Ontario government stands to lose $250 million-$350 million a year in gaming revenues as a result of its new province-wide smoking ban, according to official government documents obtained by mychoice.ca under the Freedom of Information Act. (FOI)
The government was also told last year that existing municipal smoking bans in cities with gaming facilities had already cost the Ontario Lottery and Gaming Corp (OLGC) $131 million, and a second report indicated those existing losses might be as high as $165 million.
“While it was rushing Bill 164 into law this spring, the government steadfastly insisted there would be no serious impacts, but mychoice.ca has been saying from the beginning that smokers will not go where they are not welcome,” said mychoice.ca president Nancy Daigneault, whose association has almost 23,000 members, nearly two thirds of whom are from Ontario.
“This is a government that is still running a big annual deficit, despite having imposed new taxes on Ontarians, and it is about to impose big energy hikes on us – did it really think losing $250 million to $350 million year wasn’t worth mentioning?”
To put this dollar figure in perspective, it is two to three times the amount the government allocated in extra funding this year to cut classroom sizes.
Ms. Daigneault noted the documents state revenues will be lost because smokers will stay away, or seek alternative venues, or spend less time and money when they do go out.
“Our members have tried to make it clear to the government that as smokers they stay away from the venues that do not welcome them,” Ms. Daigneault said. “Charity bingos, bar owners and others have tried to make the government look at revenue losses in jurisdictions that already have total smoking bans, which prove smokers do stay away and that non-smokers do not take their place.
“Now we learn that all this time the government has been sitting on clear evidence from its own experts that shows there is a very big problem indeed,” Ms. Daigneault said.
Ms. Daigneault said that given the evidence on gaming revenue losses, the government can no longer pretend its punitive measures against smokers will not seriously impact those charity bingos, Legions and other establishments that depend heavily on adult smoking clienteles.
The documents, all prepared by the Ministry of Economic Development and Trade, were produced before the government tabled its smoking ban legislation, Bill 164, last December.
Mychoice.ca’s initial FOI request was made last December, but these documents have only just been released – more than three months after the government passed Bill 164. The new law is scheduled to come into force May 31. 2006.
The most recent document is dated last Nov. 18 – just a month before Bill 164 was introduced. It states a preliminary spring 2004 assessment by the OLGC “determined that a Province-wide smoking ban could result in an impact of $250M-$350M in lost gaming revenues.”
A note dated Nov. 9 states that preliminary estimates of the impact on casinos alone would be at least $165 million and as much as $240 million.
A document dated Sept.8, 2004, states that existing municipal smoking bans had already cost the OLGC $131 million in lost revenues, although another undated page indicates this figure is in the $140-$165 million range.
Yet another document says the OLGC’s experience showed gaming facility revenues drop by 15%-20% after smoking bans are introduced and that any recovery experienced has been slow. Examples cited include a 20% loss experienced at the Ottawa-Carleton Racetrack Slots and an 18% loss at the Brantford Charity Casino.
There is also a “conservative” estimate that lottery ticket sales could drop by 5% as the result of “reduced convenience store traffic combined with less spare change for impulse purchases.” The government’s new tobacco control strategy has included tax hikes, and its new province-wide law includes a ban on in-store displays of tobacco products, as well as prohibiting smoking in all work or public places, and even bans separately enclosed and ventilated smoking rooms and private clubs.
Meanwhile, preliminary and final assessment reports by the OLGC on the impacts of the new province-wide smoking ban are still being withheld.
“This is all information that should have been available for public debate when this law was being considered,” Ms. Daigneault said.
Mychoice.ca was launched exactly one year ago, Sept. 28 2004, to give a voice to smokers and others who believe laws should be fair and balanced and that governments should not be allowed to intrude too far into legal adult lifestyles and choices.
It is funded by the Canadian Tobacco Manufacturers’ Council, but is an independent, registered non profit organization. It pursues a wide variety of issues raised by the almost 23,000 people who have since become members. These issues range from calls for government assistance with the high cost of cessation products for those who want to quit, to mutually respectful and accommodating laws that allow smokers the choice of venues where they can smoke without bothering others.
Read the FOI documents obtained from the Ministry of Economic Development and Trade (PDF)
http://mychoice.ca/display_page.asp?page_id=561
What's the deal with nicotine?
Wednesday September 28, 2005
Clinton News-Record — I am a former smoker. I say this with the utmost caution because I know -- all too well -- the draw of my old friend, Player’s Extra Light.
We had a long relationship the two of us. It spanned back to 1990 while, as a second-year journalism student at St. Clair College, I picked up a cigarette one day.
I was feeling a bit stressed, you see, because a chain of unfortunate incidents -- starting with a car accident that rearranged my front teeth to the subsequent loss of my lucrative pizza delivery job, the untimely death of my cat at the claws of unkind hooligan tomcats and last, but by no means least, the death of my beloved maternal grandfather of a massive stroke at the age of 64.
His death was undoubtedly hastened by a penchant for Export A -- yes, the deadly green ones -- cigarettes. That addiction began when my grandpa was in the Merchant Marines in the 1940s. As us older folks know, giving cigarettes to military personnel was seen as a kindly gesture -- though, no doubt, one started by the wily tobacco industry that is always eager to hook a new nicotine fiend.
My addiction started when I was 21, which is -- according to statistics -- quite unusual. Though, truth be told, I’ve met many people who started to light up in their 20s and 30s.
And no, unlike what the anti-tobacco lobby will sometimes purport, these are not silly or uneducated folk. Indeed, the vast array of smoking friends I have include a book editor, an IT pro for McGill University, a teacher and an engineer.
Every one of them -- without fail -- has his/her own story as to why he/she picked up the addiction. For some, it started with peer pressure in grade or high school and for others a life event sent them heading for the match stick. Naturally, I have yet to meet anyone who says they took up smoking because it seemed like a healthy lifestyle alternative.
I managed to quit smoking last October following a nasty bout with bronchitis. I wasn’t “ready” to quit. In fact, I was in one of those spells -- that many smokers are likely familiar with -- when I felt a keen desire to smoke my brains out (and since the organ is so gigundoo, the project required a lot of time.)
But then, a couple of days passed by and I realized that if I was in for a penny, I was in for a pound. In short, I knew the hardest part of letting go had already gone by so I just went with it.That is not to say there weren’t a few rough days. Ah yes, I was ready to separate body parts from innocent passersby on more than one occasion. But, I frowned and bore the brunt of it.
After a few months, even the hints of a craving went away -- though I admit I missed the ritual itself.
Like most quitters, I’ve managed to pack on weight that is incredibly difficult to shed. I have a sneaking suspicion -- though I can’t prove it -- that there is something in multi-chemical-laced cigarettes that is designed that way. And yes, there have been occasions where I’ve been tempted to return to the cigarette counter in order to, ideally, lose some poundage. But, as I learned from my sister-in-law this past weekend, that doesn’t work.
And, as I also heard during a presentation by a tobacco education specialist at St. Anne’s on Monday, one would have to gain 100 pounds to offset the damage wrought by tobacco.
Mercifully, the weight issue isn’t that bad.
Now, I realize it’s different for everyone, but there are a few aspects of letting go of tobacco that deserve addressing.
For one, it’s been nearly a year, but I don’t “feel” like a new, rejuvenated Arnold Schwarzenegger type. Food doesn’t taste better, either, one just wolfs down more of it because of the oral ritual.
On the other hand, my teeth are noticeably whiter and my gums are as healthy as can be. Plus, my car doesn’t smell like smoke and I don’t have burn marks on my clothes. And yes, I don’t have to get up every hour or so to feed the need.
Still, I’m the same wacky cat as I’ve always been.
I absolutely refuse to send someone outside to smoke when they’re at my house and I wouldn’t dream of lecturing a parent about their habit as is rudely displayed in some TV commercials and shows.
After all, smoking is legal and it is something that -- up until very recently -- was shamelessly marketed and presented as a cool thing to do.
My beloved grandmother -- also a two-pack a day smoker -- adored her six children and growing brood of grandchildren but stomach cancer took her away at the age of 64. Recently, her youngest son -- my uncle who is only five years older than yours truly -- had his first child, a boy.
Grandma would’ve been so proud. But, thanks to tobacco, she has been out our lives -- though dearly missed -- since 1987.
I must admit I still get the occasional pang whenever someone speaks of their grandma because I feel mine should still be here. After all, she’d only be 82 today.
All of this, of course, leads me to the question I’ve been asking ever since my smoking days: Why is this stuff -- with all the evidence out there -- government approved?
I, and a lot of other grandparentless adults, am still waiting to find out.
http://www.clintonnewsrecord.com/story.php?id=187137
Manitoba judge upholds provincial smoking ban, convicts bar owner -MB
By MICHELLE MACAFEE September 29, 2005
WINNIPEG (CP) - Manitoba's sweeping smoking ban has survived a constitutional challenge that will set a precedent for other provincial governments that have, or are considering, similar measures.
On Thursday a provincial court judge rejected a rural bar owner's argument that the law is unconstitutional because it doesn't apply to native reserves.
Robert Jenkinson says he's being discriminated against and has lost lucrative VLT business at his bar in Treherne, Man., because his customers are flocking to two neighbouring reserves where they can puff away.
But Judge Murray Howell convicted Jenkinson of all 13 counts he faced, for letting customers smoke and other related offences under the law that came into effect Oct. 1, 2004.
He was fined $2,550, an amount well below the maximum penalty for each offence.
Jenkinson, who owns the Creekside Hideaway Motel, said he was disappointed with the ruling and will consider an appeal.
"I strongly believe as a Canadian that we don't have a two-tier system," Jenkinson said outside court, flanked by supporters wearing "Can the Ban" T-shirts.
"This is 2005, this isn't 1867. Let's put this country in the right direction and move forward and have everybody equal and start from there."
A coalition of rural Manitoba bar owners has raised more than $30,000 for Jenkinson's defence.
The group estimates non-native bar owners who do business close to reserves have lost up to 80 per cent of their revenues in the year the ban has been in effect.
Howell said he believed the law has financially hurt Jenkinson's business.
But he said governments regularly pass laws that can have "profound and varying" financial effects, pointing to taxation and licensing as examples.
"There must be more to a discrimination claim under Section 15 of the charter than a claimant pointing out that others are subject to differential treatment," said Howell.
Health Minister Tim Sale applauded the decision, saying it validates the government's goal to protect the health of non-smokers in the workplace.
The law prohibits smoking in all public places, but can't be enforced in reserves, airports, federal prisons and other places under Ottawa's jurisdiction.
"We just keep going forward trying to reduce the level of tobacco use overall," said Sale.
"This is one step in a program that started many years ago when all of us knew tobacco was a serious issue."
But Sale said he'll take his concerns about smoking on native reserves to his federal counterpart, Ujjal Dosanjh, during next month's meeting of federal, provincial and territorial health ministers.
"It's appropriate for the federal government to carry some responsibility in this area," said Sale.
So far, however, the federal government has been reluctant to wade into the debate.
In Saskatchewan, where a ban similar to Manitoba's went into effect in January, the federal government refused to quash any band smoking bylaws that were weaker than the provincial legislation.
Earlier this month, a judge threw out a discrimination lawsuit brought forward by the Hotels Association of Saskatchewan, saying such a challenge could only be launched by individual members.
New Brunswick's provincewide smoking ban went into effect at the same time as Manitoba's, while Ontario is planning a similar law for next year.
Crown prosecutors did not comment on Thursday's decision.
During Jenkinson's three-day trial in July, prosecutor Cynthia Devine argued the equality provisions of the Charter of Rights and Freedoms are aimed at visible minorities and others who have been historically disadvantaged - not white male business owners such as Jenkinson.
Defence lawyer Art Stacey said he was disappointed Howell chose to take "a pretty narrow and mechanical approach" to the equality charter argument.
Jenkinson said his business, which opened in 2002, will continue to suffer under the ban.
"It's definitely hard now just to pay the bills," said Jenkinson.
"People aren't coming. They're buying their alcohol and going to people's garages. It's unfair."
http://cnews.canoe.ca/CNEWS/Canada/2005/09/29/1240892-cp.html
Top court allows tobacco lawsuits
By JIM BROWN September 29, 2005
OTTAWA (CP) - In a major blow to big tobacco, the Supreme Court of Canada has cleared the way for the British Columbia government to sue cigarette companies for the cost of treating smoking-related illnesses.
The 9-0 judgment, handed down Thursday, applies for now only to one province. But it opens the door for all the others to take similar action - a course that could spark hundreds of billions of dollars in claims.
B.C. Health Minister George Abbott hailed the unanimous verdict as a "landmark ruling in our attempt to hold the tobacco industry responsible for its detrimental products."
His federal counterpart, Ujjal Dosanjh, expressed satisfaction as well but shied away from predictions about how many jurisdictions would follow suit.
"Whether or not other provinces want to pursue that avenue, I think that's a decision that they will make," said Dosanjh.
Most public health care in Canada is delivered under provincial medicare programs, but Ottawa is responsible for treating some people - mainly aboriginals, military personnel and prison inmates.
The court ruling appeared to leave room for the federal government to contemplate a lawsuit on that basis, but Dosanjh wasn't ready to speculate on the possibility.
"That's not an issue I have given any thought to at this point," he said outside the Commons. For now, he added, federal authorities are concentrating on educational, advertising and other programs aimed at preventing youngsters from starting to smoke.
"It was an enormous victory I think for us and for Canadians, and I think it's going to allow us to deal with some of the problems tobacco creates in people's lives," Premier Gordon Campbell said after speaking to a convention of B.C. municipalities in Vancouver.
"I think now the other provinces are now looking at carrying on with other suits as well so we'll continue to push it right now."
At issue before the Supreme Court was B.C. legislation that allows the province to seek damages to recover public health care costs dating back 50 years, as well as future costs for tobacco-related illness.
The law also curtails some of the legal defences available to tobacco companies and makes it easier to prove a link between smoking and disease.
The tobacco firms claimed the province was exceeding its legislative power, undermining judicial independence and violating the fundamental rule of law.
The high court flatly rejected all those arguments - and even suggested that B.C. was only trying to level the playing field rather than seek undue advantage.
The legal ground rules set out in the legislation are not as unfair as the tobacco firms claim, wrote Justice John Major on behalf of the court.
"They appear to reflect legitimate policy concerns of the British Columbia legislature regarding the systemic advantages tobacco manufacturers enjoy when claims for tobacco-related harm are litigated through individual common-law tort actions."
Canadians who want to claim personal damages from tobacco firms have long been free to file individual or class-action lawsuits and can still do so.
The new wrinkle in the B.C. law is that it lets the province file a so-called "aggregate action," in which it seeks to recover money to support the health care system as a whole.
That means the government doesn't have to prove specific harm to each individual.
British Columbia filed suit last year against the three major Canadian tobacco manufacturers, Imperial Tobacco, JTI-Macdonald and Rothmans, Benson and Hedges.
Also targeted were the Canadian Tobacco Manufacturers' Council and nine foreign firms, including such industry heavyweights as British American Tobacco and Philip Morris.
The suit was put on hold when the companies launched a constitutional challenge of the earlier enabling legislation that had set the stage for the court action.
The Supreme Court verdict means proceedings can resume in the lower courts - although lawyers say it will be years before the case is resolved.
John McDonald, a spokesman for Rothmans, was quick to emphasize that point in the wake of the ruling Thursday.
"This decision does not in any way find any tobacco company liable," said McDonald. "The merits of the case have yet to be argued."
Christina Dona of Imperial Tobacco echoed that view and said the company will vigorously defend the suit.
She also questioned why governments would want to sue for health costs now when they have heavily taxed cigarettes and other tobacco products for decades.
"This last year alone they collected more than $9 billion in taxes," said Dona. "Where do they think the money is coming from? There's not some hidden vault for them to loot that has cash in it."
Some analysts have suggested the major tobacco firms could be driven into bankruptcy if they have to assume a major share of health care costs.
But Dan Webster, a lawyer for the B.C. government, was skeptical of that claim.
"We hear the tobacco industry crying poor in the court of public opinion," said Webster. "I really seriously doubt whether British Columbians or Canadians are particularly sympathetic to them."
Rob Cunningham, a lawyer and policy analyst with the Canadian Cancer Society, said the financial impact on the industry pales compared to the impact its products have had on public health.
"I expect other provinces to adopt their own laws to recover health care costs," said Cunningham. "Finally the tobacco industry will be forced to account for its actions."
The B.C. initiative was modelled on similar lawsuits launched by many American states against tobacco manufacturers south of the border.
They led during the 1990s to a settlement in which the leading firms agreed to pay $245 billion U.S. over 25 years to defray health costs for illnesses linked to smoking.
There are no firm estimates of how high similar claims could go in Canada, but the federal Health Department has estimated the national cost of treating tobacco-related disease at $4 billion a year.
http://cnews.canoe.ca/CNEWS/Law/2005/09/29/1241295-cp.html
Tobacco Company Will Continue to Defend Lawsuit
MONTREAL, Sept. 29 /CNW Telbec/ - Today's Supreme Court of Canada's ruling reassures Imperial Tobacco Canada that it can have a fair trial and bring forward all the relevant information in any legal action undertaken by the B.C. government under the Tobacco Damages and Health Care Recovery Act. The company intends to vigorously defend itself in any trial initiated by that province.
It must be remembered that the decision rendered today does not in any way find any tobacco company to be liable, but merely allows the action already taken by the provincial government to continue.
http://www.newswire.ca/en/releases/archive/September2005/29/c5855.html
Supreme Court of Canada Dismisses Constitutional Challenge of B.C. Legislation
No substantive court hearings have been held regarding the merits of the Province's claim as a result of the stay of the action which had been in place. RBH and Rothmans Inc. deny the Provinces' allegations and believe that they have good defenses to the Province's claim. RBH and Rothmans Inc. intend to vigorously defend themselves and anticipate that the Province's legal action will involve many years of complex litigation through the trial and appellate process.
http://www.newswire.ca/en/releases/archive/September2005/29/c5810.html
Canadian Cancer Society applauds Supreme Court of Canada ruling upholding B.C. tobacco legislation
"This decision represents an extremely important victory in the fight to control the tobacco industry," says Rob Cunningham, lawyer and Senior Policy Analyst with the Canadian Cancer Society. "It clears the way for the tobacco industry to be held accountable at trial in a court of law for decades of wrongful behaviour. In light of this ruling, we urge other provinces to adopt legislation based on the B.C. model and to pursue similar lawsuits against the tobacco industry."
http://www.newswire.ca/en/releases/archive/September2005/29/c5784.html
*Hotels and bars suffering -SK
Veronica Rhodes The Leader-Post Friday, September 30, 2005
Restaurant business in Saskatchewan is booming while tavern sales are tumbling, according to newly released data from Statistics Canada.
A report on the total sales for restaurants, caterers and taverns, released Thursday, showed a 1.5 per cent decrease in Saskatchewan industry sales in July 2005 compared to July 2004.
Total sales went from $81.7 million down to $80.5 million.
Full-service restaurants saw a big increase during the same time period, with $36.9 million in sales in July 2004 jumping to $40.4 million the following year. Conversely, sales for drinking places took a dive from $7.5 million in July 2004 down to $4.5 million a year later.
"They're verifying that the situation in bars or taverns in Saskatchewan is worse than we figured it is," said Tom Mullin, president and CEO of the Hotels Association of Saskatchewan.
The association has been vocal in opposing the province's ban on smoking in all enclosed public places, which came into effect Jan. 1. Mullin has often stated the ban has had a crippling effect on bars in Saskatchewan, mostly in rural areas.
Donna Pasiechnik, tobacco control co-ordinator for the provincial division of the Canadian Cancer Society, said it is too early to determine if the smoking ban directly affected taverns' sales.
At the time data collection for the report ended in July 2005, the ban had only been in place seven months. Based on the effect similar smoking bans have had on other jurisdictions, Pasiechnik said a decrease in sales was expected initially but it should come back over time.
However, she wasn't surprised to see restaurant sales go up.
"We knew for a long time prior to the smoking ban that it was coming. I think that businesses that embraced the smoking ban and got ready for it and marketed to 80 per cent of us who don't smoke are probably doing better than those who fought it tooth and nail months into it," said Pasiechnik.
Mullin said restaurants were never expected to be financially hurt by the ban.
"We never spoke on behalf of full-service restaurants. It was basically the smoking issue was going to effect the drinking establishments and the licensed lounges," said Mullin.
Data for the report was taken from a sample size and the presented sales numbers are estimates. The report notes that the amount of sales for drinking places in Saskatchewan for July 2004 should be used with caution because the quality of data used for the estimate was not ideal.
The hotels association filed a lawsuit against the provincial government earlier this year alleging the provincial smoking ban violated its members' equality rights under Section 15 of the Charter of Rights and Freedoms, because First Nations-run casinos do not comply with the legislation. The lawsuit was dismissed in August.
Mullin said the organization is still pushing the provincial government to meet with it to discuss changes to the ban.
http://www.canada.com/regina/leaderpost/news/story.html?id=c6189fc0-a864-43de-a2e9-1401e4d723f4
EDITORIAL: They just don't know how to quit
Fri, September 30, 2005
Yesterday the Supreme Court of Canada paved the way for provinces to sue Big Tobacco for the costs of treating smoking-related illnesses.
Provincial lawsuits that will now be launched due to this ruling are still years away from being decided in the courts. But if there's any justice, the provinces will lose every case.
We say this not because we are fans of smoking -- a deadly habit -- or of Big Tobacco, an ethically suspect industry.
But what's relevant here is that both our federal and provincial governments continue to allow tobacco to be sold legally in Canada -- and rake in billions of dollars in taxes from it.
Now the provinces, which pay for health care, are after even more money from the tobacco industry under the guise of caring about the well-being of their citizens. Of course, this is nonsense. If our governments truly cared about the health of their citizens, they would have banned the sale of tobacco decades ago, when its dangers became known.
This is merely another attempted multi-billion-dollar cash grab by governments from the tobacco industry.
That said, this unanimous Supreme Court decision wasn't a surprise, given that the British Columbia Court of Appeal had previously upheld the constitutionality of B.C.'s Tobacco Damages and Health Care Costs Recovery Act. (Ontario and Newfoundland have similar laws on the books and most other provinces are now expected to follow suit.)
The passage of similar legislation in Florida eventually led to a US $245 billion settlement, which the tobacco industry agreed to pay out to state governments over 25 years.
Obviously, the provinces will at some point attempt to reach a similar settlement with Big Tobacco here. While this move will be politically popular, it doesn't change the fact that it will also be wrong, bad public policy and utterly hypocritical.
Will the provinces, for example, then sue themselves to recover the added costs to our health care system caused by their own deep involvement in and promotion of the alcohol and gambling industries? Of course not.
Because what they're motivated by is the smell of money, not the health of their citizens. And when governments start to act this way, who knows where they'll strike next?
http://www.torontosun.com/Comment/Commentary/2005/09/30/1242036.html
Utterly hypocritical-MB
Fri, September 30, 2005
Yesterday the Supreme Court of Canada paved the way for provinces to sue Big Tobacco for the costs of treating smoking-related illnesses. Provincial lawsuits that will now be launched due to this ruling are still years away from being decided in the courts.
But if there's any justice, the provinces will lose every case.
We say this not because we are fans of smoking -- a deadly habit -- or of Big Tobacco, an ethically suspect industry.
But what's relevant here is that both our federal and provincial governments continue to allow tobacco to be sold legally in Canada -- and rake in billions of dollars in taxes from it.
Now the provinces, which pay for health care, are after even more money from the tobacco industry under the guise of caring about the well-being of their citizens.
Of course, this is nonsense. If our governments truly cared about the health of their citizens, they would have banned the sale of tobacco decades ago, when its dangers became known.
This is merely another attempted multi-billion-dollar cash grab by governments from the tobacco industry.
That said, this unanimous Supreme Court decision wasn't a surprise, given that the British Columbia Court of Appeal had previously upheld the constitutionality of B.C.'s Tobacco Damages and Health Care Costs Recovery Act. (Ontario and Newfoundland have similar laws on the books and most other provinces are now expected to follow suit.)
The passage of similar legislation in Florida eventually led to a US $245 billion settlement, which the tobacco industry agreed to pay out to state governments over 25 years.
Obviously, the provinces will at some point attempt to reach a similar settlement with Big Tobacco here. While this move will be politically popular, it doesn't change the fact that it will also be wrong, bad public policy and utterly hypocritical.
Will the provinces, for example, then sue themselves to recover the added costs to our health care system caused by their own deep involvement in and promotion of the alcohol and gambling industries? Of course not.
Because what they're motivated by is the smell of money, not the health of their citizens.
And when governments start to act this way, who knows where they'll strike next?
http://www.winnipegsun.com/Comment/Editorial/2005/09/30/1242039.html ( published in all Sun editorials varying days )
Editorial - Natives excluded -MB
Friday, September 30th, 2005
THE province's smoking ban has been upheld as legal, and a Treherne bar owner has been fined $2,550 for permitting his customers to smoke in his business. The ruling will be heralded as a victory for non-smokers and for the health of all Canadians. In fact, it gives Manitoba's government a convenient excuse to ignore its responsibility to protect all Manitoba workers, regardless of where they collect their paycheques.
Provincial court Judge Murray Howell dismissed Robert Jenkinson's argument that Manitoba's Non-Smokers Health Protection Act was unconstitutional because it permitted a double standard in the province. Aboriginal businesses on reserves can ignore the legislation because the provincial government says it has no jurisdiction over them. Mr. Jenkinson argued that Sec. 15 of the Charter of Rights and Freedoms protected his right to equal treatment under the law and the smoking ban discriminates based on race. The judge dismissed this, noting there are all manner of licensing and taxing rules that apply differently, with varying financial effects, to groups of people and businesses.
Mr. Jenkinson's business has lost money -- something the judge accepted as factual -- due to the competition nearby at the bingos and gaming halls on the Swan Lake and Long Plain reserves, which permit puffers to light up with impunity. The province believes its anti-smoking law is good public policy because it protects the health of non-smokers. It then shrinks from imposing the ban on reserves where the NDP has traditionally held firm electoral support. It argues its legislation has no authority on reserves, which are under federal jurisdiction. In fact, as a function of good public policy, those most in need of protection from smoke-filled rooms are employees in bars, restaurants and gaming houses. Customers can always take their money elsewhere if they don't like the smell of the place or if their asthma is irritated, but finding another job can be tough. The province says regardless of what the air quality might be, workplace hazards on reserves fall under federal labour law. The federal labour department says Ottawa has such control over a First Nations commercial enterprise only if it is integral to cultural identity.
Gary Doer's government has ample authority to ban smoking and to protect First Nations workers. Deplorably, workers on reserves, where unemployment is highest, get no relief under the smoking ban, and no protection under provincial Workplace Safety and Health legislation.
In the end, Mr. Jenkinson's primary point was that there should be one law for everyone, and in the absence of good reason for a double standard, that is true in this case. If the NDP administration, for political reasons, doesn't want to pick a fight with First Nations over its smoking ban, it most certainly owes First Nations workers protection from smoke-filled rooms that may present a health hazard.
www.winnepegfreepress.com
Hamilton to province: butt out over smoking legislation -ON
By Kevin Werner News Staff (Sep 30, 2005)
Hamilton politicians had harsh words for the provincial government's no smoking legislation that they believe penalizes local businesses who have followed the city's legislation.
"I find it repugnant the province has overturned municipal legislation," said Hamilton councillor Tom Jackson. "Honest businesses who have obeyed (Hamilton's) bylaw have invested thousands of dollars in designated smoking rooms."
Hamilton councillor Sam Merulla demanded that the provincial government compensate business who have spent hundreds of thousands of dollars on DSRs, but who will now, under the province-wide legislation, have to tear them down to become smoke-free by June 1, 2006.
"(The province) is treating us with disrespect," said Mr. Merulla. "It is usurping this city's authority. It is unfortunate, and unfair. The province should provide compensation."
But despite politicians' anger, there is very little they can do except inform the province about their disagreement.
At the urging of anti-smoking groups, Hamilton passed a non-smoking bylaw June 1, 2002, that allowed workplaces, restaurants, banquet centres and other private places to construct a DSR or become smoke-free.
On June 1, 2004, the legislation was extended to billiard halls, bingo halls, bars and nightclubs.
Smoke-free
The legislation allowed that all public and private places would, including establishments that erected DSRs, have to be smoke-free by June 1, 2008.
But the Liberals this June, passed legislation that designates all public and workplaces smoke-free by June 1, 2006.
There are about 80 Hamilton establishments that constructed DSRs instead of creating a smoke-free workplace under the city's bylaw.
About 30 establishments have still not complied to the city's no-smoking bylaw, and three operating licenses have been recently suspended.
Provincial officials believe that by establishing a June 1, 2006 date it will provide business owners enough time to comply with the provincial legislation.
Hamilton councillor Bill Kelly pointed out despite pressure from some councillors who advocated for a stricter no-smoking bylaw that would have eliminated the need for DSRs, the bylaw that was passed was "watered-down."
The province, he said, even threatened it would introduce an Ontario-wide no-smoking legislation. At the time, municipalities were approving varying degrees of no-smoking bylaws creating a crazy legislative quilt across the province.
"Other municipalities went further than us," said Mr. Kelly. "(Businesses in Hamilton) built DSRs of their own volition. I feel sorry they invested the money, but it was a decision they made."
Mr. Merulla countered, that at the time when the Progressive Conservatives were in power, there was no hint they would introduce province-wide legislation to ban smoking. Only after the Liberals took power in 2003 on the promise of introducing smoke-free workplaces, did the legislation become a reality.
"We developed a made-in-Hamilton solution," he said. "The Tories at the time did not indicate there would be province-wide legislation."
http://dundasstarnews.com/NASApp/cs/ContentServer?pagename=brabant/Layout/Article&c
=Article&cid=1128031105383&call_pageid=1069851996007&col=1073476868082
Let them eat junk food
By GREG BONNELL, THE CANADIAN PRESS Fri, September 30, 2005
The amount of junk food Canadians eat, and the pounds they pack on as a result, are personal choices the government has no right to discourage -- even if it means some lives will be shortened, a Toronto audience heard Wednesday.
"People may very well choose to trade off years of their life, or the possibility of disease or injury, in exchange for the current pleasure, excitement, or stress relief they get (from food)," said Jacob Sullum, a syndicated columnist and senior editor at Reason, a U.S.-based libertarian magazine.
'PROTECTING PEOPLE'
"It's not for the government to say that's not a legitimate trade-off to make. Canadians need to question the idea that just because something implicates health that government intervention is justified."
The same rationale that informed public health policy against smoking -- leading to higher tobacco taxes -- has set its sights on junk food, Sullum argued during a luncheon sponsored by the Montreal Economic Institute.
"You're talking about protecting people from their own decisions," Sullum said in an interview before the speech.
"What you put in your mouth and how much exercise you get, that's pretty personal. It doesn't get much more personal than that."
Faced with a so-called obesity epidemic -- 8% of children and 23% of adults were obese in 2004, according to Statistics Canada -- provincial governments are pursuing policies to separate people from their junk food.
Ontario toyed with, but ultimately rejected, the idea of a fat tax but has banned junk food vending machines from elementary schools.
In July, the province's health promotion minister vowed to target obesity as aggressively as tobacco through a number of yet-to-be revealed initiatives.
In Quebec, politicians are considering a junk food tax that would send a "healthy message" to citizens while helping fund athletic programs. British Columbia has shown interest in banning junk food vending machines from schools.
In Britain, a sweeping ban on junk food in the nation's schools-- including chocolate bars -- was announced Wednesday.
Sullum believes that while governments have every right to protect the public against health risks posed by communicable diseases and pollution, they have no authority to tell people what to eat.
"It's a question of what people want," Sullum said.
"What the anti-fat activists are saying is, people don't want what they ought to want, and therefore the government has to coercively change what they want."
But for Toronto-area dietitian Lynn Roblin, government-directed eating guidelines are key to a healthy society.
"Whatever government you're talking about, whether it's provincial or federal, they do have a role in promoting healthy lifestyles, definitely," Roblin said.
Skyrocketing health-care costs are among the possible repercussions of government inaction on healthy eating, she added.
"It would not be a responsible action for them to ignore this."
Sullum maintains that government policy aimed at restricting eating habits is not the answer.
"For some people the solution is, they prefer to be fat," he said. "That's their choice and they should be permitted to make it."
http://www.torontosun.com/Lifestyle/2005/09/30/1242249-sun.html
Cigarette makers play down ruling
DAVID PADDON CP September 30, 2005
First step in complex battle, they say; Stock market regulators halt trading of Rothmans on Toronto Stock Exchange
Rothmans Inc. played down the impact of a Supreme Court of Canada ruling against Canada's tobacco companies yesterday, saying it is just one step in what will be a long, complex legal battle with the B.C. government.
"This decision does not in any way find any tobacco company liable. This was a constitutional issue. It really just allows the action to continue in the province of British Columbia," Rothmans spokesperson John McDonald said.
"We very much deny the allegations that are made by the province and Rothmans, Benson & Hedges will be vigorously defending itself. And we anticipate many years of complex litigation ahead of us."
In Montreal, a spokesperson for Imperial Tobacco said the company is relieved the Supreme Court assured the company a fair trial.
"It's our intention to defend ourselves very vigorously," Christina Dona said.
"The health risks of tobacco have been known for decades. Ultimately, governments will have to be accountable for their own behaviour."
Big tobacco sees the British Columbia government's action as a cash grab, Dona added.
Analysts have said that Canada's major cigarette makers - Rothmans, Imperial Tobacco and JTI-Macdonald - can't afford the billions of dollars that could be sought by British Columbia and other provinces now that big tobacco's constitutional challenge has been rejected unanimously by the the country's highest court.
However, they also note that the provinces would have to prove many allegations and face numerous court challenges by the tobacco companies.
Merrill Lynch analyst Marc Marzollo wrote recently that the B.C. government "would still have to prove the tobacco products added to provincial health-care costs, what those costs were and that tobacco manufacturers should be the ones paying those costs."
Marzollo added that it's impossible to assess what the eventual damage awards might be.
"We believe that if the governments are ultimately successful in actions against the tobacco manufacturers, the manufacturers would have difficulty paying any amount that comes close to the billions that could potentially be sought."
Stock market regulators halted trading on Rothmans shares after the court's decision was made public in Ottawa late yesterday. The stock fell sharply this week, ahead of the court's decision, but remains well above where it was a year ago.
The 9-0 Supreme Court judgment upholds provincial legislation that allows the British Columbia to seek damages to cover public health-care costs dating back 50 years, as well as future costs for maladies linked to tobacco.
The law also curtails some traditional defences in civil suits, and it makes it easier to prove a link between smoking and disease.
Tobacco firms had claimed the law exceeded the province's legislative powers and said it stacked the deck against them.
Rothmans, the country's only publicly traded tobacco company, has fared well in the marketplace against its major rivals - Imperial Tobacco and JTI-Macdonald, both subsidiaries of foreign multinationals - thanks to its success with discount cigarette brands that cost less than its premium brands.
However, Marzollo said in his Sept. 28 research note that the consumption of cigarettes in Canada has been declining and "the significant market-share gains by Rothmans, Benson & Hedges in recent quarters will end as industry growth of discount category cigarettes slows."
Rothmans shares last traded yesterday at $23, up 21 cents for the day but down from $25.69 at the end of last week. Its 52-week low is $16.76, set about a year ago. Its 52-week high of $26.99 was set in May.
http://www.canada.com/montreal/montrealgazette/news/story.html?s_id=
K4PxE9vw%2bhl%2bXA6Qr08%2fFEyBwpwP2Avqak4%2bPt0ixNGb8WSq%2fL3i6A%3d%3d
Rothmans Inc. Announces Further Details Regarding Supreme Court of Canada Decision
Studies prepared for Health Canada have already concluded that British Columbia receives more in tobacco tax revenue from the sale of tobacco products in the Province than it spends on related health care. The Supreme Court's decision did not address the Province's ability to recover monetary damages in excess of the taxes that it collects.
The Supreme Court of Canada judgment can be found at www.lexum.umontreal.ca/csc-scc/en
http://www.newswire.ca/en/releases/archive/September2005/30/c6267.html
Smoke ban upheld
By NATALIE PONA, COURTS REPORTER September 30, 2005
Letting patrons light up costs bar owner $2,550
A constitutional challenge of the province's butt ban went up in smoke yesterday when a judge convicted a rural bar owner of letting customers light up.
Provincial court Judge Murray Howell ordered Robert Jenkinson to pay $2,550 in fines and costs for 13 convictions of breaking the smoking ban.
"It's a very disappointing day for business owners in Manitoba," Jenkinson said outside court after the decision was heard.
Under provincial legislation, smoking is banned in most enclosed public places.
Jenkinson had argued the ban discriminates based on race because it doesn't apply to First Nations communities.
He said the ban, which took effect last year, has slashed his customer base by nearly half to his bar in Treherne, Man.
His patrons now go to bars on nearby reserves where they can smoke, he said.
"Something's got to change. All I'm looking for is an equal playing field," he said.
Howell dismissed Jenkinson's defence, saying the ban is "constitutionally valid legislation."
"The mere fact of differential treatment by the law between those on reserves and those off reserves does not in itself constitute a breach of ... the charter," Howell wrote in his decision.
Plans to appeal
Art Stacey, Jenkinson's lawyer, said he plans to appeal.
In light of yesterday's ruling, Health Minister Tim Sale said he plans to call on Ottawa to implement a similar smoking ban on reserves.
"I'll be putting it on the agenda with (federal Health Minister) Mr. (Ujjal) Dosanjh, but the laws that they frame will obviously be their responsibility," said Sale, adding he is equally concerned about smoking on reserves.
"I think there are many people in reserve communities and reserve leaders who feel that smoking is a real problem, and they are prepared to take action."
The minister also said the judge's decision vindicates the province's approach to the smoking ban.
The Manitoba Hotel Association helped pay some of Jenkinson's legal fees but it likely won't participate in any challenge to yesterday's ruling, president Jim Baker said.
Entrepreneurs have argued they're losing customers to casinos and other businesses on reserves that are exempt from the smoking ban.
"I think this issue has all but exhausted itself," said Brokenhead Ojibway Nation Chief Tina Leveque, whose band operates the recently opened South Beach Casino near Grand Beach.
"First Nations have no impact whatsoever in the making and creation of provincial laws. If the people of Manitoba have an issue with their lawmakers, there's avenues they can pursue."
By now, most operators have adjusted to the law, said Larry McLennan, president of the Manitoba Restaurant and Food Service Association.
"The ruling is almost anti-climactic," he said. "Whether they like it or not, they've moved on."
Now that the provincial bylaw has passed a court test, Mayor Sam Katz and some councillors are musing about snuffing out the city's smoking bylaw.
The ruling got them thinking the higher government law may make their two-year-old municipal clampdown redundant and an unnecessary expense to enforce, said Katz.
http://www.winnipegsun.com/News/Winnipeg/2005/09/30/1241966-sun.html
Letting patrons light up costs bar owner $2,550 -MB
He said the ban, which took effect last year, has slashed his customer base by nearly half to his bar in Treherne, Man.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2138
Growers caught in the middle of governments' war on tobacco -ON
TILLSONBURG, ON, Sept. 30 /CNW/ - The Supreme Court of Canada's ruling, that clears the way for the Government of British Columbia and other provinces to sue cigarette companies for the cost of tobacco-related illnesses, could result in more devastation for tobacco farmers in southwestern Ontario, said Fred Neukamm, Chair of the Ontario Flue-Cured Tobacco Growers' Marketing Board.
Neukamm expressed concern that tobacco growers would suffer indirectly as a consequence of lawsuits that may be launched by provincial governments. "Growers are caught in the middle of the war between governments and tobacco manufacturers. We have already suffered disproportionately in this war in that we are facing decreasing crop sizes and shrinking margins. This adds up to pain and hardship for our growers and their families, not to mention the communities that we live in and support," he said.
The relentless assault against tobacco consumption in Canada has unintended consequences. Mr. Neukamm noted that in the current environment, crop size continues to slide, imports are on the rise and there is a resurgence of illegal product in the marketplace.
"The fallout of the war between government and big tobacco continues to erode the viability of our sector. As a result, we are looking to all industry partners, including government and manufacturers, to do the responsible thing which is to assist those who, through no fault of their own, are facing financial ruin," said Neukamm.
For further information: Fred Neukamm, Chairman
* full release
http://www.newswire.ca/en/releases/archive/September2005/30/c6168.html
Smoking ban will hurt casino revenue -ON
Brian Cross Windsor Star Friday, September 30, 2005
An internal government prediction that gaming revenues will sink by $250 million to $350 million annually once the province's smoking ban goes into effect bodes ill for Windsor, a critic of the ban says.
On Wednesday, mychoice.ca, a smoker's rights group funded by the tobacco industry, released a series of briefing notes written in 2004 to the Minister of Economic Development and Trade Joe Cordiano. Acquired with an Access to Information request, the notes say:
- Municipal non-smoking bylaws in jurisdictions like Ottawa (which has racetrack slots) and Brantford (with a charity casino) had already resulted in $131 million in lost revenue;
- Tightened rules for selling smokes will lead to less foot traffic in convenience stores and a resulting five per cent drop in lottery sales; Revenue loss for casinos alone is estimated at between $165 million and $240 million annually;
- Overall drop in gaming revenue is estimated at 20 per cent, or $250 million to $350 million annually;
- Casinos at the border, particularly Casino Windsor with three strong Detroit competitors about to build flashy new smoking-allowed facilities, will suffer a "significant revenue drop."
The legislation to ban smoking in public places, including casinos, bars, service clubs and restaurants takes effect May 31.
PREDICTING LOSSES
"I do think Windsor, because of its casino and because of its close proximity, is going to be severely impacted," said Nancy Daigneault, president of mychoice.ca. "I think a big chunk of the $250 million to $350 million that the government is predicting in losses in gaming will be coming from Windsor."
And reduced revenues translate into reduced jobs, at the casino and at spinoff businesses, she said. "The economic impact will be huge."
Casino Windsor spokeswoman Holly Ward said it's too early to speculate on potential job losses at the 4,000-employee casino. "We'll just have to match our employment complement with business levels," she said.
She said the casino is working on a marketing campaign to cope with the smoking ban, and counting on renovations under way in the existing casino (as part of the $400-million expansion that won't be complete until the end of 2007) to come online prior to May 31.
"There's going to be new things attracting them to the casino, so it's not going to be the same place as it was," she said.
Casinos are controlled by the Ontario Lottery and Gaming Commission, which used to report to Cordiano but now reports to David Caplan, Minister of Public Infrastructure Renewal.
A spokesman for Caplan, Wilson Lee, would not share a chart -- mentioned but not included in the documents provided to mychoice.ca -- that displays the effect of the smoking ban on casinos, including the expected impact when the three new Detroit facilities are completed in 2008. The smoking ban will definitely affect revenues, said Lee.
http://www.canada.com/windsor/windsorstar/news/story.html?id=53847b06-bcfe-42e2-bf57-ae71367f0099
Cigarette Ignition Propensity Regulations Now in Effect
Health Minister Ujjal Dosanjh today announced all cigarettes manufactured or imported for sale in Canada must now meet the new national standard intended for ignition propensity which will reduce the risk of fire.
This new standard does not mean fire-safe; a burning object is never completely fire safe.
http://www.newswire.ca/en/releases/archive/September2005/30/c6106.html
Tobacco companies hit with two massive class-action lawsuits from Que.
By ROLLANDE PARENT
MONTREAL (CP) - A class-action lawsuit seeking $17.8 billion in damages against Canada's three tobacco giants has been filed by a Quebec women on behalf of nearly 1.8 million smokers in the province.
The lawsuit, filed in Quebec Superior Court on Friday, targets Imperial Tobacco Canada, Rothmans Benson and Hedges and JTI MacDonald. It follows from a February decision by a Quebec Superior Court judge which upheld Cecilia Letourneau's right to go ahead with her giant class-action suit against the cigarette manufacturers.
The suit is not related to Thursday's Supreme Court decision giving the British Columbia government the right to sue tobacco companies to cover health-care costs related to smoking.
Letourneau's lawsuit claims that she, along with every other smoker in Quebec, had been misled about the dependency caused by the nicotine in cigarettes.
The action is filed on behalf of all Quebecers over the age of 15 who smoked every day in September 1998, when Letourneau first sought permission from Superior Court to go ahead with her lawsuit.
The lawsuit seeks $10,000 per person: $5,000 for moral damages and $5,000 in punitive damages. If the lawsuit is successful, the tobacco giants would also have to pay interest on half that amount retroactive to February 1998, a sum that could represent an additional $5 billion.
Among the arguments cited in the lawsuit, it's alleged that cigarette manufacturers had a responsibility to inform consumers about the dangers associated with using their product.
"All the knowledge acquired over the years on the dangers of cigarettes were despite efforts by the manufacturers of tobacco products to contradict, deny or hide the truth that they already had," the document reads.
The tobacco companies were hit with a second, separate class-action lawsuit, also filed Friday in Quebec Superior Court, seeking $5 billion, according to news sources.
That lawsuit seeks damages on behalf of some 49,000 Quebecers who have contracted emphysema, or cancer of the lung, throat or larynx from smoking.
http://cnews.canoe.ca/CNEWS/Canada/2005/09/30/1243230-cp.html
Posted at 3:14 pm by looped_ca
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