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Ontario Tribe Fights Smoking Ban

ONTARIO – As reported by the Toronto Star: "Debbie Scott of Oshawa works the hot button of the slot machine with one hand while holding a cigarette in the other as she tries her luck at the Great Blue Heron Charity Casino on Scugog Island.

"…'I think the operators of these facilities should have the right to ban smoking or not,' she said, taking a short break from the one-armed bandit.

"But the casino operators — the Mississaugas of Scugog Island First Nation — and the Durham Region Health Department are at odds over whether the new smoking restrictions apply on the Indian reserve.

"The Indians say the reserve is not part of Durham Region and regional bylaws do not apply on their territory.

"The regional health department, however, says it does have jurisdiction as far as smoking restrictions are concerned and the casino must install designated smoking rooms if it is going to allow smoking at all.

"…Under the new no-smoking bylaw that came into effect June 1, smoking is allowed in designated smoking rooms only in gambling facilities. These smoking rooms must be isolated and separately ventilated and cannot take up more than 50 per cent of the total area of the establishment.

"…London, Ont., lawyer Brian Daly, the Mississaugas' legal counsel, maintains that the reserve is a separate entity from Durham Region…"

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