First Nations intervene in case over smoking ban - this could get interesting

[The Straight Story]

First Nations intervene in case over smoking ban
Friday, February 16, 2007

A group representing 32 First Nations in Manitoba has been given permission to intervene in a case challenging the province's ban on smoking in public places.

The Non-Smokers Health Protection Act went into effect in October 2004. At the time, the province said it did not apply to reserves.

But the owner of a hotel near two reserves challenged the law. A judge ruled that the province failed to give equal treatment to non-Native businesses.

In response, the province extended the ban to reserve businesses. But the Manitoba Keewatinook Ininew Okimowin says First Nations should have the right to create and enforce their own smoking laws.

http://www.indianz.com/News/2007/000935.asp

If this happens here in the US I can see a whole lot of issues being raised - would we allow Indian tribes to have smoking bars and exert their freedom, or would we force them, even on their own lands, to ban it? And does that open a new can of worms on things?

If it is killing millions upon millions yearly (there are millions of smokers) then surely we would have a duty to step in and force their casinos to go smoke free? When do the rights of others trump their rights as a nation?

Hmmmm...

[ixion]

1. woohoo!

fight back smokers! :woohoo:

[Kagemusha]

2. Actually the law's probably really really simple about it

Equal treatment doesn't trump First Nations treaties, sovereignty deals, whatever's in effect. In Canada at least, I don't think there's any realistic prospect of forcing them to abide by "white man law" on this because of the way Canada's constitution is written. In the US it'd be just straight-up treaty rights but I still highly doubt any court would ever interpret treaties as giving the government the right to take First Nations' smokes and booze away. You think they'd have signed any treaty granting that right?

[Cleita]

3. They already do sell tobacco on the reservations here in the states for

less than one would pay in the supermarket because they don't have to add taxes.

[razors edge]

4. "If it is killing millions"

"If it is killing millions upon millions yearly (there are millions of smokers) then surely we would have a duty to step in and force their casinos to go smoke free? When do the rights of others trump their rights as a nation?"


Why wait? Any right that can be "TRUMPED" was never a right to begin with now was it?

When you see what you considered to be your own "RIGHTS" trumped, just think back a little to the ones crushed that you agreed with.

Any right taken away was never a right, just a temporary privilege.

[Rage for Order]

5. Bans are crap

Obviously there is a market for it, so why don't people open smoke-free bars instead of banning smoking in all bars? Don't want to breathe smoke, don't go to a bar where people are allowed to smoke.