March 23, 2000
WCB workplace smoking ban overturned in Supreme Court
The B.C. Supreme Court ruled today (March 22) that the Province-wide workplace smoking ban implemented by Workers Compensation Board (WCB) policy on 01 January 2000 did not have sufficient 'public consultation', and it has been overturned.
Court action initiated by the B.C. Liquor Licensee and Retailers Association on 26 January 2000 was heard on March 13th. It was expected to take 3 weeks for a decision.
At the moment, the Provincial Ministry of Labour is advising the WCB not to appeal this decision, but to start the process of initiating a workplace ban on smoking over again.
So - while you may once again light up in hospitality venues across the Province (with unfortunately, the exception of southern Vancouver Island where the Capital Regional District (CRD) implemented their own ban 01 January 1999, which still stands) complacency isn't recommended. This is only a temporary reprieve for the citizens of B.C., and a tremendous effort is still needed to combat future attempts to bring in a similar ban and prevent it from spreading.
Many thanks to all of you who have helped with the fight in B.C. Special thanks and appreciation are due to the Cabaret Alliance of Manitoba.
Best regards,
Pat
These stats - March 2000, provided by Brian Mayzes, have just been posted on our site:
SMOKING BAN - STATISTICS
FORCES International has put together a thorough analysis of the B.C. Workers Compensation Board's reply to 5 questions asking them to substantiate a ban on workplace smoking to "protect the health of the workers".
Our thanks to the Cabaret Alliance of Manitoba for permission to post both the response of the WCB to their inquiry, and the Alliance's reply to that response.
The originating correspondence, and an introduction, can be found at: BC WCB-Answers to the 5 Questions/ETS
An in-depth dissection, point by point, of the WCB's 'evidence' supporting the ban is at: BC WCB/ETS-Dishonesty or Incompetence?
This is a thorough analysis, with links to the many scientific sources used in its compiling.
For those outside the Province of British Columbia, this is a valuable resource to refute any attempts by anti-smoking lobbyists/politicians to implement a ban based on the 'dangers' of environmental tobacco smoke (ETS).
Related info
British Columbia lawsuit (to recover tobacco related health care costs) ruled unconstitutional
Finally, some sense on this issue. It's going to take a few more court cases before the anti-smoking lobbyists finally realize that corrupting science and undermining the law are not acceptable methods to advancing the 'Smoke Free' agenda.
21 February 2000 - Vancouver, B.C.
The Supreme Court of B.C. ruled today as unconstitutional the provincial government's attempt to 'recover tobacco related health care costs' in a lawsuit backed in part by legislation preventing the defense from challenging the evidence presented. As well they should. We've been subjected to corrupted science on the issue of secondhand smoke; at least we've been spared having the law made a travesty of too.
On 12 November 1998 the B.C. Government filed a lawsuit, docket C985776 in the Supreme Court of British Columbia, based on legislation passed - a law called the Tobacco Damages and Health Care Costs Recovery Act, saying that if you sold cigarettes at any time in the past, you are liable for associated health costs at any point in the future. This is retroactive legislation, illegal under the European Convention The technique is trial by legislation, a practice outlawed more than 200 years ago in British jurisprudence and the U.S. Constitution. The legislature passes a law proclaiming guilt, and little is left for the courts. In this case, the law would have collected damages from tobacco companies for what was previously legal.
It was also the government's intention to further that 'law ' by passing legislation that the government gets to say as conclusive evidence what those costs are. The act instructs the courts that they "must presume" this and "must determine" that, in ways that dramatically restrict a judge's proper ability to try a case and pretty well guarantee guilt.
On 05 October 1999, RJR-Macdonald Corp. filed suit to challenge the validity and constitutionality of the government's attempt to subvert the law to their interest. "The Act gives the B.C. provincial government the power to accuse and judge at the same time", said Dave Laundy, vice-president of the Canadian Tobacco Manufacturers' Council.
When we get to that point - we are no more than slaves. A debt of gratitude is owned to the B.C. Supreme Court for maintaining the rule of law, as well as some sanity, on this issue.
Victoria Freedom of Choice Coalition
Leonard and Young Favor Business Shutdown
Capitol Regional District Chair Geoff Young and CRD heavyweight Frank Leonard are following through on their threat to shut down businesses that they say fail to comply with the CRD's so-called Clean Air Bylaw.At least one summons has been served to a Greater Victoria area pub with several more to follow. The papers served allege bylaw infractions by the owners and ask for a B.C. Supreme Court Injunction to force bylaw compliance. The summons demands total compliance or forced business closure and court costs.
According to CRD statistics published in the Victoria Times Colonist July 22, the CRD is aware of at least 23 Greater Victoria hospitality businesses that are not complying with the bylaw. These businesses employ over 400 full time workers and generate millions of dollars to the local economy. A recent economic survey showed losses of six million dollars to the local economy January through March 99, as a direct result of the implementation of the anti smoking bylaw.
Frank Leonard who has a background in small business and Geoff Young who claims to be a Harvard educated economist, have been the driving forces behind the implementation of this bylaw and now they are leading the charge to force the closure of these local businesses.
Recently the Victoria Freedom of Choice Coalition partnered with over one hundred Victoria businesses and and associations in signing an open letter to the Capital Regional District. This letter proposed a common sense solution through voluntary compliance and a clean air technology.
Leonard and Young and their CRD cronies have set aside common sense in favor of discriminatory and punitive measures that will ultimately cost the community millions of dollars, hundreds of jobs and irreversable damages to tourism. This behavior is outrageous in these already tough economic times. Shame on them.
The Victoria Freedom of Choice Coalition is a group of British Columbia businesses, associations and private individuals concerned with ever increasing government intervention and social engineering. Most particularly the recent implementation and attempted enforcement of the Capitol Regional District's so-called Clean Air Bylaw.
Contact: Brian Mayzes 250-386-2152
C/O Esquimalt Inn, 856 Esquimalt Road, Esquimalt BC V9A 3M4
250-386-2152 Fax 250-386-4313 Email: focc1@mcdpri.com
Hospitality Sales Down By $6 Million Despite Leonardo
Victoria, May 12th 1999
The Freedom of Choice Coalition today released the results of its preliminary survey on sales following the CRD's smoke ban, and the news is not good.
The Victoria-area hospitality industry suffered losses of an estimated $6 million in the first 3 months of 1999 - and that during a mini economic boom in the downtown core spurred by the Leonardo Da Vinci exhibit.
One hundred of the 300-odd hospitality licensees were randomly selected and requested to respond to an anonymous survey of sales receipts from Jan-Mar 1999 in comparison with Jan-Mar 1998. Preliminary results indicated that the 100 establishments suffered a combined loss of $2.04 million year over year - from $13.034 million to $11.029 million.
"If these figures are extrapolated over the 300 licenses throughout the rest of the calendar year, the losses could add up to a colossal $24 million throughout the region," warned Coalition Chair Brian Mayzes.
Mayzes added "our worst fears are coming true -- many businesses are cutting back on staff, while many others have simply stopped enforcing the bylaw."
The Coalition is calling on Tourism Victoria to join the 1,500 member Freedom of Choice Coalition in supporting their request for an end to the CRD's smoke ban. Further economic data will be released shortly.
For further information:
Brian Mayzes
250.386.2152
April 14th 1999
Capital Regional District Marks 100th Day of Failed Bylaw
Victoria:
Today marks the 100th day of the Capital Regional District's attempt to ban smoking in all public places except private automobiles and private residences.
The highlights of the implementation and attempted enforcement of the CRD's so called Clean Air Bylaw are as follows:
- Businesses in the hospitality sector are suffering financially including closures, layoffs and drastic losses in revenue.
- In 100 days the CRD is about to put out of business a Legion that has been operating since 1926.
- Income to Charities from Service Clubs, Charity Bingo and Charity Casinos is down 30 to 50%,
- The Provincial Ombudsmen is acting on a complaint against the Bylaw,
- The Minister of Municipal Affairs has been asked to launch an inquiry into the conduct of the CRD Board of Directors and senior CRD staff with regard to possible violations of the Municipal Act, particularly with regard to amending procedures and financial administration of the Bylaw.
- Direct enforcement of the bylaw is all but non-existent because the CRD simply ran out of money after not anticipating the wide spread non-compliance of the Bylaw.
A similar non-smoking law in California is currently being amended in their Legislature to exclude the Hospitality Sector. Moncton New Brunswick has adopted a ventilation solution to deal with second hand tobacco smoke. Halifax Nova Scotia has just set aside a non-smoking bylaw because of the threat of economic losses and the threat to tourism revenue.
The 'Victoria Freedom of Choice Coalition' is a group of British Columbia businesses, associations and private individuals concerned with ever increasing government intervention and social engineering. Most particularly the recent implementation and attempted enforcement of the Capital Regional District's so called Clean Air Bylaw.
Contact: Brian Mayzes, 1 250 386 2152
Call for Provincial Government Inquiry into the Conduct of the Capital Regional District's Board of Directors and at least three senior CRD staff with regard to the Failed Clean Air Bylaw
Today in Victoria, the Board of Directors of the Capital Regional District adopted an amendment to their failed Clean Air By-law with the clear intent to discriminate against those who openly opposed the bylaw.
The Bylaw, which bans smoking in all public buildings, commercial vehicles and even at bus stops has been widely ignored in the Capital Region, particularly in the hospitality sector. Today's amendment changes the target of enforcement from the smoker to the 'Proprietor' of an establishment where second hand smoke may be in evidence. The CRD's senior enforcement manager, Diane Stevenson, has publicly stated that enforcement will be targeted at those establishments that have openly defied the law. Privately CRD enforcement personal have either turned a blind eye, or cut a private deal with certain hospitality establishments who have allowed smoking in their establishments but have not publicly defied the bylaw.
There are several totally enclosed smoking rooms attached to Victoria area pubs poorly disguised as patios. While seniors at long term care homes are forced out of their WCB approved, properly ventilated smoking rooms to smoke outside, these pub's patrons can light up and enjoy a cocktail in an indoor environment. These smoke rooms are in clear violation of the failed Clean Air Bylaw, B.C. Liquor Licensing Laws and WCB guidelines.
A survey of 20 Victoria area hotels has found that all were offering smoking accommodation, which is a violation of the Bylaw. A survey of 35 Licensed Premises in the Capital Region has found that only four were fully forcing compliance of the law, leaving 31 who were allowing smokers to light up, six of which have never been visited by CRD enforcement staff. A survey of 540 public buildings in the Capital Region found that over 60% were in violation of the signage portion of the bylaw including one well-known pub. Only one ticket has been issued for lack of proper signage.
By passing this law today the CRD is discriminating against those who have brought to their attention the failure of this bylaw.
The Victoria Freedom of Choice Coalition will be contacting Municipal Affairs Minister, the Honorable Jenny Kwan to present evidence that will demonstrate the need for an inquiry into the conduct of the Capital Regional District's Board of Directors, senior CRD Staff and CRD consultants.
This evidence will allege :
- Violations of the Municipal Act in the amendment procedures of the Bylaw,
- Violations of the Municipal Act in the funding of the administration, implementation and enforcement of the Bylaw,
- Misleading the CRD Board of Directors and the public by senior CRD staff specifically in the areas of cost of bylaw enforcement, enforcement and compliance of the Bylaw and the success, or lack of same, with a similar law in California,
The Victoria Freedom of Choice Coalition will also be appealing directly to the Provincial Cabinet, B.C. Human Rights Commission and the Supreme Court of British Columbia to strike down this bylaw on the grounds it is discriminatory.
The 'Victoria Freedom of Choice Coalition' is a group of British Columbia businesses, associations and private individuals concerned with ever increasing government intervention and social engineering. Most particularly the recent implementation and attempted enforcement of the Capital Regional District's so called Clean Air Bylaw.
Contact: Brian Mayzes, 1 250 386 2152
Re: OUR VIEW, "Bylaw not attack on puffers' rights, February 6, 1999"
From: Brian Mayzes, Chair, Victoria Freedom of Choice Coalition.
Via fax only, 380 5353
Comparing the people campaigning against the CRD's so called Clean Air Bylaw (which you mistakenly called "anti-smoking by-law") to a "group of factory owners getting together to complain that the anti-pollution laws are preventing the etc. etc." is not only absurd, but childish and misinformed. The simple case is that many businesses have already, or were in the process of, applying clean air technology in their establishments to deal with second hand smoke. I would publicly challenge you that the air in the Sooke River Hotel is cleaner and healthier than the air in your pressroom. But smoking or second hand smoke is simply not the issue.
Perhaps if your editorial department had assigned a reporter to cover the public meeting in Esquimalt on Thursday February 4th where over 500 people from all walks of life, smoker and non-smoker, came to express their views on this bylaw, your editorial writer might have been better informed.
It is true that many were there because of the direct economic impact on their lives and business. And what's wrong with that. They have a right for their stories to be heard.
It is an argument, not a fact, that second hand smoke is a serious health hazard. You folks would do well to check out both sides of this argument, you might be surprised.
This bylaw and its attempted enforcement is not an "attack on puffers' rights" but an attack on Freedom of Choice as guaranteed by the Constitution.
If you had been at Thursday's meeting you would've heard from people with real stories, stories about personal hardship, stress and pain. A representative of Victoria charities who told the crowd that this law will finish them. A veteran who said he was willing to fight again to protect our freedom. From an immigrant who found himself in a new dictatorship. To bad you weren't there, you might have got yourself a real news story.
Re: Public Meeting February 4thOver 500 capital region residents attended a public meeting in Esquimalt last night to show their support for the Victoria Freedom of Choice Coalition's fight against the CRD's so called Clean Air Bylaw.
People from all walks of life packed the Esquimalt Legion to listen to speeches, express their opinions and pass the hat in an effort to force the CRD (Capital Regional District) to listen to their concerns.
From the meeting:
"This week I have tried to reach CRD Board Chair Geoff Young several times to ask for a cooling off period, look for a common sense solution, my calls have not been returned. We don't need to hear anymore from Dr. Stanwick or Dianne Stevenson …we can't blame them for trying to protect their jobs … but we can blame the politicians who voted in this absurd law and since then, have had their heads in the sand. Let's let them know."
Brian Mayzes, Chair, Victoria Freedom of Choice Coalition. Click here for full text of Brian Mayzes's opening remarks
"If the Politicians at the CRD are truly concerned about our health … give us back our smiles, get out of our lives and do what you are supposed to do … represent the people who elected you not big brother us to our graves."
Stewart Logan, Director, Victoria Freedom of Choice Coalition. Click here for full text of Stewart Logan's opening remarks
Several people expressed their opinions from the floor with the common thread being that they were sick and tired of government intervention in their lives, taking away their freedom of choice.
After the meeting:
"We had at least 500 people here with little or no advertising, people with real stories, stories about personal hardship, stress and pain. A representative of Victoria charities who told the crowd that this law will finish them. A veteran who said he was willing to fight again to protect our freedom. An immigrant who found himself in a new dictatorship. I could go on and on. Who wasn't at this meeting were the gutless politicians who voted in this law and much of the main stream media. We passed the hat and raised $5,000. We will continue the fight."
Brian Mayzes, Chair, Victoria Freedom of Choice Coalition.
Contact: Brian Mayzes 386 2152
Re: CRD Clean Air BylawThe Coalition calls on Capitol Region District Chair, Jeoff Young and the CRD Board for a Common Sense Cooling Off Period.
Brian Mayzes, Chairman of the Victoria Freedom of Choice Coalition today called on CRD Chairman Jeoff young to put a stop to the attempted enforcement of Bylaw 2401 and work out a common sense solution before the situation gets further out of hand.
Mayzes states, "I would ask Mr Young to look out his windows on a day like today. A day with torrential downpour and gale force winds, and then ask himself if it's appropriate that seniors, the ill and dying and in fact any citizen should be forced outside for a smoke".
Mayzes added, "Mr Young, the CRD Board and the public are clearly being misinformed by the CRD's senior health officer. This bylaw is not working. There is nowhere near 80% compliance. Many businesses are suffering financially and the economic impact could be staggering. Jobs have been lost and hours cut. Neighbour has been pitted against neighbour in restaurants, bingo halls and bars. What appears to be over zealous and poorly trained enforcement officers masquerading as Peace Officers, are peeking through windows, intimidating seniors and following single mothers home. What we need here is a little common sense".
The 'Victoria Freedom of Choice Coalition' is a group of British Columbia businesses, associations and private individuals concerned with ever increasing government intervention and social engineering. Most particularly the recent implementation and attempted enforcement of the Capital Regional District's so called Clean Air Bylaw.
Contact: Brian Mayzes, Chairman, Victoria Freedom of Choice Coalition, 382-7161 or 386-2152
The 'Victoria Freedom of Choice Coalition' is a group of British Columbia businesses, associations and private individuals concerned with ever increasing government intervention and social engineering. Most particularly the recent implementation and attempted enforcement of the Capital Regional District's so called Clean Air Bylaw.
We are concerned about:
- · the negative economic and social impact of the bylaw with specific information gathered over the first 17 days,
- · the campaign of mistruths and misinformation being carried on by the CRD's propaganda machine,
- · Concerns over the misuse and misdirection of tax dollars on the attempted enforcement of the bylaw.
- · the moving ahead with the existing B.C. Supreme Court challenge against Bylaw 2401.
This is what we have to say.
It's Not Working, and it's not Fair.
Prohibition has failed in Victoria.
Despite what you may have heard from CRD bureaucrats, the smoke ban is NOT working. The claim that there is 80 t0 90 percent compliance is a bald faced lie.
There is widespread non-compliance. The roving packs of ashtray police are often targeting establishments where they know there is compliance and except for a couple of media hits, they stay away from establishments that are allowing courtesy of choice.
For example they have visited Smugglers Cove Neighborhood Pub in Cadboro Bay at least five times, even though they were fully aware that this pub agrees with, and has been enforcing the bylaw since day one. In contrast many local nightspots have never been visited. And in many cases where the ashtray police have visited establishments where smokers are present, they have taken a hike rather than face confrontation.
This is not a level playing field. The CRD are not policing the bylaw FAIRLY. They are seeking out the media hits, and the bingo grannies. They are picking targets, and choosing the easiest tickets to write.
This bylaw is a personal, bureaucratic agenda by a few anti-smoking zealots. Facts, economics, tourism, and the real world do not come into play. We find it abhorrent that, by our calculations, the CRD will be spending at least $3 million dollars to pay for smoke police and their propaganda campaign.
The CRD's misinformation campaign constantly talks about how a similar prohibition is working wonderfully in California after its first year. Not so. A recent survey reported in the Los Angles Times, states that non-compliance in the hospitality sector runs between 30 and 50 percent and that over 60% of owners, managers and employees in that sector are unhappy with the law.
Stanwick states that second hand smoke kills people. According to a 1995 US Congressional Research Study, the odds that a nonsmoker will die from secondhand-induced-lung cancer are about the same as those from dying from electrocution or drowning. Even nonsmokers who live with smoking spouses are more likely to be killed in a homicide than they are to die from someone else's smoking.
The first hit on tourism has come to our attention. A Toronto softball team that is to participate in the Canadian Slo-Pitch Championships in Victoria this summer has phoned to re-book their accommodation in Duncan. The writing is on the wall for a huge downturn in tourism once the word gets out. Even Victoria Mayor Bob Cross has publicly stated his fear that this bylaw will decrease city revenue from tourist dollars.
All in all the CRD's ashtray police and misinformation propaganda campaign is a disgraceful misuse of tax dollars and human resources. Particularly disgraceful is the lack of respect for veterans, seniors and those who are facing health problems. For example the waiting list for a MRI or the situation at the Victoria Hospice.
The immediate economic impact of this assault on our freedom has already been demonstrated. A quick survey of 1 lounge, 1 service club, 2 pubs and one major restaurant tells a frightening story. Sales of food and liquor are down from last year approximately $ 25,000, with at least a dozen layoffs pending or having taken place. Coffee shops and small restaurants are reporting losses that may force them out of business. This is during the quietist time of the year. Suppliers and services of this industry will be next to feel the pinch.
Victoria region charities that rely on the proceeds from bingo halls will be hit hard. Bingo players are driving to Duncan where there still is freedom of choice.
The politicians at the CRD who voted this bylaw into existence must listen to the people not an Angus Reid poll that sampled only a few hundred people. The CRD has received nearly 10,000 postcards in protest of this law. These voters have been ignored.
The reality here is that businesses are suffering. People are afraid to come out to a bar - for fear of being assaulted by a gang of over-zealous public servants. For fear of being made part of a media spectacle.
Let's at the very least put this bylaw off until the WCB can make clear its plans for the year 2000, and we can get on with the business of welcoming tourists for the summer season.
The Court Case will continue We never wanted to go to court.
But our case against the CRD will continue.
And the cases of all those people who have been ticketed will eventually head into court, clog them up further, and take the focus away from what our justice system should really be focussing on prosecuting criminals, murderers and thieves. But no, the CRD thinks that the real criminals are the working men and women who like to have a pint after a hard day's work - and maybe enjoy a little legal tobacco product.
The coalition supports those over 300 hospitality businesses that already provide a smoke free environment and may there be many more. But not through an ill-conceived economically punitive law, but through freedom of choice, as granted by the Canadian Constitution.
Province asked to Intervene & Set Aside CRD Clean Air BylawDon Rittaler, owner of the Sooke River Hotel is calling on Premier Glen Clark, Small Business Minister Ian Waddell and Municipal Affairs Minister Jenny Kwong to put an immediate halt to the pending Capital Regions District's implementation of Bylaw 2401.
At today's Capital Region Board meeting, scheduled for 1:30 PM, Rittaler will deliver several thousand postcards addressed to CRD Chair Geoff Young, signed by residents stating their opposition to the bylaw. There are twenty thousand of these postcards in circulation of which several thousand have already been delivered. The Bylaw, which bans smoking in all public places, including establishments such as bars, Legions and bingo halls, is scheduled to take effect on January 1 1999.
"It is clear from recent media reports that the untimely implementation of this law will create economic hardship and social unrest in the Capital Region. If the Premier and his so called A-Team are truly concerned about economic renewal, they should immediately intervene and force an out of control bunch of regional politicians to act on behalf of their constituents instead of defending over zealous bureaucrats" said Rittaler. "It just seems that common sense would dictate that the bylaw be set aside until the Workers Compensation Board decides on a province wide standard for regulating clean air." Rittaler added The Workers Compensation board is currently in the final stages of drafting clean air regulations for the entire province. The WCB is working with the hospitality industry and others towards a clean air solution with regard to public smoking that will come into effect in the year 2000.
Rittaler recently stated: "Unfortunately the bureaucrats at the CRD are hell-bent on implementing this punitive law. I have never understood why the CRD couldn't wait for the WCB to set the clean air standard.
The Sooke River Hotel is a member of the Hotel Association of Canada's Courtesy of Choice program and subscribes to the Air Quality Initiative. I have spent thousands of dollars on ventilation in anticipation of the WCB's upcoming regulations in the year 2000. This was a sound investment to protect my patrons, employees and ultimately my business. It is absolutely beyond my imagination why in these tough economic times, a supposedly elected body would allow this law to come into effect and punish the very people they claim to represent. I ask the politicians, at all levels to speak out in favor of delaying the implementation of this law until the matter is settled in court or at least until the year 2000."
The Sooke River Hotel is also in the process of renewing its efforts to overturn Bylaw 2401 through the Supreme Court of British Columbia. For further information contact Don Rittaler, Sooke River Hotel, 642 6107 or 642 9900
To send email, the address is: Victoria Freedom of Choice Coalition
Last Updated: Tuesday, 04-Nov-2003 10:46:30 PST