The Laws Concerning Smoking in Public Places in Canada

Smoking in Public Places

(Author’s name)

(Institutional Affiliation)

The Laws Concerning Smoking in Public Places in Canada

History

In Canada, smoking in all indoor workplaces and public spaces is banned. From the year 2010, the smoking ban legislation has been quite consistent in most parts of Canada. This is regardless of the fact that the different jurisdictions have their own developments. The variations are quite notable as some try and incorporate their own by laws to the already existing law. It should be known that the federal law is only applicable to businesses and other entities owned by the federal government (Smoke-Free Ontario Legislation, 2013). However, there is evidence to suggest that the law only wants to protect one side. Everyone is entitled to benefit from the services that are available in public places. Unfortunately, the ban on smoking in public places benefits only those who are non-smokers (Naiman & Glazier & Moineddin, 2011). Debate exists concerning this form of social injustice as it is favoring non-smokers and hurting smokers.

Process of Change-Smoke Free Legislation

There is a lot of beneficial change that is coming up because of the introduction of the Smoke Free Legislation. The Canadian tobacco legislation does not allow smoking to take place in certain areas. Furthermore, the legislation oversees the sale and promotion of all tobacco products. The tobacco legislation is available at the provincial, federal and municipal levels in the whole of Canada (Smoke-Free Ontario Legislation, 2013). However, some Canadian community organizations, corporations and municipalities have some extra smoke-free policies have been introduced. In the year 2006, on May 31, the Smoke-Free Ontario Act (2013) was enacted by the Ontario Province. The Ontario Public Health Departments were responsible for enforcing the smoke-free act. Furthermore, the police were given the authority to enforce the act and they did not allow smoking to occur in vehicles under certain conditions. For example, smoking inside a car was not allowed if the vehicle had passengers who had not attained 16 years of age (Smoke-Free Ontario Legislation, 2013). According to the act, smoking is prohibited in all enclosed public spaces and work-spaces. Additionally, smoking is banned in all outdoor patios, as well as public places such as bowling alleys, schools and restaurants, among others (Smoke-Free Ontario Legislation, 2013).

Creation of Designated Smoking Areas

Designated smoking areas are known to have their own problems even though they are not directly affecting the public. The employees working in the designated areas are also members of the public and they risk suffering from diseases brought about by tobacco smoke. For example, in a restaurant, it is most likely that there will be employees who are smokers and those who are not. Therefore, space has to be created in order to ensure that both groups enjoy their visit to the restaurant( Naiman & Glazier & Moineddin, 2011). This means that there is a lot that goes on when trying to separate smokers from non-smokers. Another issue that has arisen concerning the issue of banning smoking in public places is that a lot of money has had to be spent in building smoking areas for smokers. The funds used for these projects could have been used for other important projects (Smoke-Free Ontario Legislation, 2013). For example, the money should have been used in improving the health care system in Canada. The smokers continue to increase their chances of getting cancer and other diseases despite there being legislation concerning smoking. There is even no evidence that suggests that because of the legislation, cases of cancer among smokers has decreased (Naiman & Glazier & Moineddin, 2011). The legislation needs to be improved so that all the parties involved benefit regardless of whether they are non-smokers or smokers. Every individual needs to enjoy their rights, and the reason why the legislation needs to be improved further.

Achieving Social Justice and Respecting Rights of an Individual

It is extremely hard to stop and try to change the health behaviors of individuals. The health social determinants that exist only seek to blame the victims who in this case are the non-smokers. Social justice needs to be invoked so that everyone has a right to engage in what they like. The health disparities created by the restriction of smoking in public places need to be morally justified (Naiman & Glazier & Moineddin, 2011). Many advocates continue to find the recourse between social and justice, especially in matters concerning legislation about smoking. There is a need to assign social and personal responsibility in order to get rid of the ever increasing unhealthy behaviors.

Personal Issues, Protests and Recommendations

In conclusion, I believe that smoking in all public places in Canada should be banned. The legislation that has been enacted concerning this issue is extremely commendable. It is no wonder that there have not been any social protests or court cases concerning the legislation. People are aware of the risks that arise from smoking and it is their right to make choices concerning their health (Smoke-Free Ontario Legislation, 2013). Non-smokers have a right to enjoy public spaces without being disturbed by the smoke coming from lit cigarettes. Smokers should be informed that they cannot disrupt the freedom of others and they also can smoke in designated areas. Indeed, Canada has made great accomplishments by passing legislation that bans smoking in public areas.

Reference

Naiman, Alisa. & Glazier, Richard. & Moineddin, R. (2011).Is there an impact of public smoking bans on self-reported smoking status and exposure to second-hand smoke?. BMC Public Health, 11, 146.

Smoke-Free Ontario Legislation. (2013). Retrieved from HYPERLINK “http://www.mhp.gov.on.ca/en/smoke-free/legislation/default.asp”http://www.mhp.gov.on.ca/en/smoke-free/legislation/default.asp