Smoking Bylaw May Face Constitutional Challenge

Smoking Bylaw May Face Constitutional Challenge

Wednesday, March 09, 2005 at 15:08

The Hotels Association of Saskatchewan is seriously contemplating launching a constitutional challenge of the province’s new smoking bylaw.

The issue was brought up at the association’s convention, which concluded yesterday in Regina.

Hotel owners feel the smoking ban in indoor public places isn’t being applied equally, since native-owned casinos on reserves are able to circumvent the law by passing their own bylaws.

Association lawyer Alan McIntyre says his clients aren’t trying to diminish Aboriginal rights, but rather, create a level playing field.

McIntyre says the association would rather not take the matter to the courts, and is still hopeful the province will agree to some sort of modified version of the new law.