BY KEITH LACEY
A decision by OntarioÂ?s highest court is expected within two weeks that could overturn Greater SudburyÂ?s controversial smoking bylaw.
 |
The odds of this happening are not good.
But stranger things have happened, says Sudbury lawyer Michael Hennessy, who made a one-hour presentation to a three-member panel of the Ontario Court of Appeal two weeks ago.
If the appeal were successful, it would set a national precedent.
Hennessy argued there are provisions in the Sudbury smoking bylaw, which went into effect 10 months ago, which should be overturned.
Issues surrounding signage, language and several other issues, which put too much onus on business owners to comply, was at the heart of his argument to
have the bylaw rescinded, said Hennessy.
He was representing the local organization Citizens Advocating Bylaw Reform (CABR), which has been the most vocal opponent of the cityÂ?s smoking bylaw, which took effect last May 31.
Stephen Vrbanac, a lawyer representing the city, also made a presentation to the Court of Appeal.
Â?It certainly would,Â? he said. Â?ThereÂ?s never any time line on these appeals, but the usual practice is for a final decision to come back in about a month, so weÂ?re expecting a decision in the next couple of weeks, although it could take longer.Â?
The Court of Appeal judges basically have to chose from three options presented, said Hennessy.
They can reject his argument and deem the cityÂ?s bylaw has not contravened any provincial statutes, he said.
The court does have the authority to Â?reject the bad parts of the bylaw, which we believe deal with certain workplace provisions...or they may decide not to split the good from the bad and simply order the bylaw be overturned and rewritten,Â? he said.
No matter what happens at the Court of Appeal, Â?the work of CABR is not finished,Â? said Hennessy.
Any bylaw can be brought up for discussion and rewritten if thereÂ?s a strong enough public outcry.
Â?WeÂ?re still confident this new (city) council will be willing to take another look at this bylaw and rewrite certain provisions,Â? he said.
The economic impact of the bylaw is being felt across Greater Sudbury, said Hennessy.
