Yukon legislators pass smoking ban bill

In a rare move, Yukon legislators of all stripes — including the Yukon Party government — passed a private member's bill calling for a territory-wide smoking ban in public places.

NDP Leader Todd Hardy's smoke-free places act passed second reading unanimously on Wednesday. Health Minister Brad Cathers said the bill could be ready for final reading by the fall, but stressed that MLAs need to seek public input on the act.

Yukon is currently the only territory without any kind of anti-smoking legislation. Meanwhile, Hardy said, one in four Yukoners smoke.

"The sad fact is the Yukon has the highest rate of tobacco use in all of Canada," Hardy said during question period.

"We don't need to reinvent the wheel. We need to put our shoulders to it and get the job done."

The smoke-free places act could be one of the toughest in the country. As it's currently written, it bans smoking on all public places — including public patios, which Hardy admitted is a bit controversial.

"But we've got to start somewhere and we've got to have a little leap of faith at times," he said.

The proposed legislation bans smoking in:

• Territorial and municipal government buildings.
• Elementary, secondary and post-secondary schools and training centres.
• Day cares, preschools and other child-care centres.
• Libraries, art galleries, museums and places of worship.
• Health-care facilities.
• Restaurants and bars, including private clubs.
• Cinemas, theatres, video arcades and pool halls.
• Bingo halls.
• Community halls, arenas church halls and other multi-use facilities.
• Work vehicles carrying more than two people.

The act also prohibits smoking "within a prescribed distance" of any doorways, windows or air intake of any of the places covered by the ban. As well, it bans tobacco advertising or promotion.

Canadian Cancer Society lawyer Rob Cunningham, who helped draft the act, said it is probably the best of its kind in Canada.

"You could also ban smoking in certain outdoor areas, such as the bleachers at the sports field, at a children's playground," he said. "If you wanted, you could ban smoking on the entire campus of Yukon College."

But while all parties supported Hardy's bill, some have already said it will need some changes. Liberal Leader Arthur Mitchell, for one, said he is not convinced the ban should apply to outdoor patios.

"Is it really injurious to my health or to the health of serving staff to walk by someone who is smoking outdoors, being that there is the natural ventilation?" Mitchell asked.

But Hardy insisted the act should not be watered down.

"Let's work together to find ways to make this bill stronger, but not weaker," he said. "I have heard arguments to make it weaker."

News of the bill's passing did not worry smokers like Trina Whittaker on Wednesday.

"I don't really have a problem with it," said Whittaker, as she was smoking outside a downtown Whitehorse office building. "It's good for everybody. Everybody should butt out, including me."