Anti-Smoking Legislation Only Effective if Easily Enforced

In the past two years, the right to breathe smoke-free air in public is something that most Albertans have come to expect. Our neighbours to the right of us, however, have no such luxury and won’t anytime soon if proposed legislation passes as is. The government of Saskatchewan is currently proposing legislation that would make it illegal to smoke in a vehicle that contains anyone under the age of sixteen. However, the proposed legislation does not include any clauses that would make it illegal to smoke in public areas such as bar and restaurant patios.

Only banning smoking in cars is an ineffectual move. Not allowing people to smoke in vehicles while in the presence of children and tweens is a good idea in theory; in reality, it’s almost impossible to enforce. Children under the age of six who weigh less than forty pounds must be seated in a car seat in the back of a vehicle; safety codes also recommend that children under the age of 12 sit in the back seat of any vehicle. Many vehicles have tinted back windows, making it impossible to see inside. Unless Saskatchewan RCMP begin a smoking check-stop program similar to the drinking-and-driving check-stop program, how will police ever be able to catch people who smoke in their vehicles while their children are present? Sure, cops might occasionally pull a driver over for some other infraction like speeding, then notice an adult is smoking around kids in the car but how often is that likely to happen? Peace officers and RMCP can’t be expected to pull over every single vehicle on the road on the off-chance that someone might be violating the new smoking rules. The proposed legislation simply cannot be effectively enforced. The Saskatchewan government is proposing legislation that seems tough but would actually not change much at all. The only major thing that would change is the sale of cigarette sales in pharmacies. Yes, this would be a good move but it is not exactly ground-breaking legislation. In Alberta, the Tobacco Reduction Act banned the advertising and promotion of tobacco products, effective January 1, 2008. The act also stopped the sale of tobacco products in all health-care facilities, public post-secondary campuses, pharmacies and stores that contain a pharmacy as of January 1, 2009.

Saskatchewan’s legislation is missing a key factor in the fight against the spread of second-hand smoke: banning smoking on public patios. Earlier this year, Saskatchewan Health Minister Don McMorris had said the Saskatchewan Party government was considering banning smoking on restaurant and bar patios. If the government carried through with its earlier intentions of banning smoking on public patios, it would have greater results than merely banning smoking in vehicles. Prohibiting smoking on public patios is easily enforced; bars and restaurants have incentive to enforce the law because owners and managers face being fined if they allow illegal smoking on the patios of their establishments.

Yes, Saskatchewan municipalities can choose to introduce bylaws that would prohibit smoking on bar and restaurant patios. However, many municipalities will not choose to do so because of pressure from restaurant and bar owners. The provincial government of Saskatchewan had a chance to stem second-hand smoking in public and they balked. In Alberta, smoking has been prohibited in all public places and workplaces since January 2008, meaning people can’t smoke on the public patios they once sought refuge on. Yes, business owners and smokers complained about the changes but it didn’t cause a total breakdown in the food and beverage industry, as many predicted it would. Smokers didn’t flee Alberta in droves to find a more smoker-friendly home. Instead, smokers sucked it up and got in the habit of going outside for their nicotine fix, far far away from any minors or non-smokers.

Banning smoking in vehicles isn’t going to stop most people who already smoke in their vehicles with their kids present if that is something they chose to do before it became illegal. RCMP and peace officers don’t have the resources to enforce this potential legislation, making it all but pointless. Seriously, Saskatchewan, the current proposed legislation isn’t worth the time or effort. Instead of wasting tax-payers time (and your own), push through legislation that will actually help save lives. Take a cue from your loving neighbour Alberta and introduce a ban against smoking on restaurant and bar patios in order to truly protect minors and non-smokers from second-hand smoke. Anything less simply won’t cut it.