The Ontario Court of Appeal has ruled that Greater SudburyÂ?s smoking bylaw, prohibiting lighting up in public places, is valid.
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Â?We were confident that the bylaw would pass this legal challenge and we are pleased with todayÂ?s decision,Â? said assistant city solicitor Stephen Vrbanac.
In a five-page decision, Justice John Laskin dismissed the appeal and awarded costs to the City of Greater Sudbury, in the amount of $10,000.
Smoking was no longer permitted in enclosed public places and workplaces anywhere in Greater Sudbury after city council adopted the controversial
bylaw effective May 31, 2003.
The bylaw applies to bars, restaurants, bingo halls and other places of public assembly, as well as staff lounges, lobbies, garages and other areas within
the workplace.
Effective the end of this month, all existing separately-ventilated designated smoking rooms will be eliminated.
The decision maintains legal precedent in Canada, as there hasnÂ?t been a single court decision anywhere in the country which has ruled against a municipality that imposes a no-smoking bylaw in public places.
The bylaw appeal was launched by Sudbury bar owner Dave Horton, who was represented by lawyer Michael Hennessy. Both are vocal members of Citizens Advocating Bylaw Reform (CABR).
Hennessy argued there were provisions in the smoking bylaw that should be overturned.
Signage, language and several other issues which put too much onus on business owners to comply to far too many provisions, was at the heart of his
argument to have the bylaw rescinded.
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