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80% of People Living in MUDs Want to Live SMoke-free Affair with Smoke-free Housing Alice: Narrating the personal Anna I am not going away not by a long shot. The smoke-free housing saga continues Answers to Frequently Asked Questions including Grandfathering Anti-smoking champ honoured for PUSH Any defensive discussion indefensible April Lifting the Veil off of Quiet Enjoyment Arabian COUGHING Poster At the Core of Smoke-Free Housing Workplace violence and bullying ATTRIBUTE REQUIRED TO SUCCESSFULLY ACCOMPLISH BEING SMOKE-FREE AUTHORITIES for Smoke-free Housing BC HUMAN RIGHTS TRIBUNAL Decides Crescent Housing Societys Application To Dismiss Lacking in Substance Concreteness and Good Faith (Another Debacle) BC HUMAN RIGHTS TRIBUNAL hears first case on SHS in MUDs Monday April 2 – Wednesday April 4 2012 BREAKTHROUGH DECISION Smoke-Free Housing Cancer in non-smoker sparks legal action Australia CLEANING UP TOXIC ENVIRONMENTS COMMUNITY DISCUSSION FORM Comparing “big” and “too small to matter” crises and catastrophes Demand for non-smoking apartments next to impossible Do you struggle with the problem of drifting second-hand smoke in your home? What you can do looks like 2011 DO YOU STRUGGLE WITH THE PROBLEM OF SECONDHAND SMOKE DRIFT What Struggle Looks like Drewlo Holdings Building More Smoke-free Apartments DROs Ways to Strengthen a Bid for Smoke-free Housing Ethical Dilemma of Smoke-free Housing EX-SMOKERS ARE UNSTOPPABLE flash mob dance Fervent Wish for Smoke-free Housing Governance by Dysfunctional Boards How the Smoke-free Housing Initiative inadvertently opened up governance for public scrutiny Grandfathering How does it apply to smokers Grandfathering Smoke freely Grandfathering Smokes License to Smoke License for Abuse GROUNDHOG DAY PUSHing the Drift to Smoke-free Housing GROUNDHOG DAY 2012: Secondhand smoke from grandfathered smokers takes a wee hit How Provincial and Municipal Bylaws Apply for MUDs in BC HR DECISION ORDERS “METRO ONE” TO CEASE ITS DISCRIMINATION AND REFRAIN FROM COMMITTING A SIMILAR CONTRAVENTION IN THE FUTURE INJUNCTIVE RELIEF A court order to Do this and Stop doing that Inspiring story behind SMOKE-FREE CARS ACT 2007 knowledge exchange Krossa from Maple Ridge Dare Extend Ideation For Smoke-free Housing Lung cancer kills non-smoker McDaniels thank supporters Measuring second-hand smoke drift in non-smokers: Prove it Medical Marijuana NEWS ~ NEWS ~ NEWS London ON New Apartment Building Opts for Smoke-free and Utilizing Grants to Encourage Smoke-free Housing NICOTINE REPLACEMENT THERAPY YOUR TIME HAS COME NSRAs rebuttal of Harpers Gut of Federal Tobacco Control Program People imagining a smoke-free world Picture Worth a Thousand Words Premier Christy Clark announces Nicotine Replacement Therapies (NRT) Sense and scent-ability: Do you smell second-hand smoke in your home? SHS Is Not Simply An Issue Between Neighbours Slaying the Myth of Right-To-Smoke and In-My-Home SMOKE DAMAGE - Voices from the Front Lines of Tobacco Wars Smoke-free at Last Smoke-free housing Litany of motivations and obstructions Smoke-free Housing: An award winning direction Standardize your letters and claims: Make them all the same Steps to Designating Smoking Area in Common Areas and Avoiding Misrepresentation STORIES: Heart of the Matter Strata concedes failure to accommodate McDaniels TENANTS' FUME IN SMOKE-FEST ABOUT HUMAN RIGHTS COMPLAINT COSTING THOUSANDS The 'In-Perpetuity' of National Non-Smoking Week Thinking Petition? Draft a report instead. Trials Against Big Tobacco Reveal Internal Documents Stating Lethal Hazard Of Smoking And Environmental Tobacco Smoke TRIBUNAL GRANTS COMPLAINANTS' APPLICATION TO AMEND THEIR COMPLAINT Tribunal's Decision Reveals DEBACLE Urging Political Will VEN TI-LA-TION – exchanging stale noxious air with clean fresh air Weitzels and Willow Park Estates What has California's new smoke-free housing law to do with us Canadians? What makes normal sensible people become dysfunctional when they join a board and what turns CEOs or EDs into mini-dictators? Why Isn't Vancouver's OLYMPIC VILLAGE A Flagship for Smoke-free Housing? Why there is a PUSH for Sf Housing WOW You've come a long way baby Yukon Housing Corp’s smoke-free housing leaves smokers fuming YUKON NORTH OF ORDINARY™ TRUMPS NATURALLY BEAUTIFUL BC AGAIN Yukon's smoke-free housing comes into effect Jan 1 2012

Sunday, December 16, 2012

Secondhand Smoke Is Not Simply An Issue Between Neighbours!

Indisputable! Undeniable! Confirmed and Verified by Rich Coleman, Minister Responsible for Housing


 
Retrieved under Freedom of Information recently, the attached letter from Rich Coleman, Minister Responsible for Housing, responds to the issue of secondhand smoke seeping from one unit to another in multi-unit complexes.

While this standardized letter responds to the matter of secondhand smoke under the Strata Property Act, non-profits and market rentals each have their own Acts mentioning the section of quiet enjoyment and health standards.

Rich Coleman cites Raith v Coles(1984), which I include under Case Law, stating that “no matter what bylaws are in place, the common law of Nuisance allows a strata resident bothered by smoke to take another strata resident of the complex to court to request an order that the smoking cease.”

Rich Coleman states that [secondhand smoke] “is not simply an issue between neighbours,” and that when “someone causes a nuisance, Strata Councils, must enforce the bylaws by taking steps to deal with the nuisance.”

The common law of Nuisance, as written into the various Acts governing housing “prohibits an owner, tenant, occupant, or visitor from causing a nuisance or hazard to another person,” and that, “...loud noise, smoking or bad odours may all fall under this bylaw.”

People write to their MLA's, the Premier's Office, and to the Ministry's of Health and Housing, asking that the government modify the housing Acts to include secondhand smoke, to make it clear and unequivocal. After six years, this kind of amendment never happened, because, technically, it doesn't need to. Mr. Coleman's standardized response now confirms that. The responsible persons remain the managers and landlords and councils and boards to enforce under existing bylaws and common laws, be it Nuisance, or Human Rights or Residential Tenancy (RTB).

RTB decisions retrieved under Freedom of Information at the same time, show an increase in cases filed by tenants and landlords, as well as better written decisions by Dispute Resolution Officers. The weakness I see in the decisions remains that both tenants and landlords do a poor job of gathering evidence and presenting it. Of course, the Dispute Resolution Officer, and any adjudicator, can only decide on the oral and written evidence presented.

The documents retrieved under Freedom of Information (emails, government form letters, RTB decisions) provide a glimpse of the struggle everyday people experience with secondhand smoke. I characterized previous standardized, form letters as dismissive. I classify these new form letters as informative.

In the meantime, the Quebec Tobacco Trials continue to be intriguing, chipping away at the notion that Big Tobacco is too big to fail. Fabulous.

In the US, Big Tobacco R J Reynolds loses to Eileen Clinton, with an award payout of $1.34 million. Eileen Clinton sued R J Reynolds on behalf of her deceased husband, to make good on his bequest. Robert Gavin reports in the TimesUnion.com that the verdict against R J Reynolds is thought to be the first federal jury verdict in favor of a former smoker.

Verified: Secondhand Smoke Is Not Simply An Issue Between Neighbours