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

Wednesday, March 14, 2012

Yukon, North of Ordinary™, trumps Naturally, Beautiful BC, A Better Place To Be – again.

Instilling a Fervent Wish for Smoke-free Housing - Part XXXXIII

Recall, back in January 2012, I reported how Yukon Housing Corporation became smoke-free.

Initially, Yukon Housing Corporation announced intended smoke-free housing policy changes to all of its tenants on May 13, 2011, with a grace period to January 1, 2012.

On March 13, 2012, Ashley Joannou reported in the Whitehorse Star the outcome of Sider versus Yukon Housing Corporation.

Alan Sider, a tenant of Yukon Housing Corporation, filed his complaint stating that
  1. the landlord’s non-smoking policy is unenforceable as regards to him because he has an existing Tenancy Agreement with no provision in the original rental agreement with respect to smoking. Section 17 provides that any changes to the Agreement must be agreed to by both parties, and Sider had not agreed to the no smoking policy,

  2. this no smoking policy is contrary to the Charter of Rights and Freedoms, R.S.C. 1985,

  3. and that the no smoking policy interferes with his normal use of the rented premises.

Judge Faulkner dismissed Sider's application finding that

  1. clause 6(m) of the Agreement clearly authorizes the landlord and gives him the right under the Agreement to make regulations regarding the safety, care and cleanliness of the premises and the tenants. Smoking inside of the unit affects safety, affects the care, affects cleanliness, and it affects other tenants. Therefore, the landlord is perfectly within its rights under clause 6 (m) to make the regulation in question.

  2. Smoking is not a right protected by the Canadian Charter of Rights and Freedoms nor does the Charter provide, as Mr. Sider suggests, that the law cannot be changed to restrict smoking if no such law existed at the time the Charter came into effect. That is simply not a correct interpretation of the Charter and, if one needs any proof, one can look at the fact that subsequent to the Charter coming into effect, a substantial body of statute law has been passed relating to the restricting of smoking, for example, in or near public buildings.

  3. With respect to the normal usage of the rented premises, Mr. Sider
    may view it as an interference, but it is not the law that normal usage of rented premises necessarily includes the right to smoke therein, and restricting of smoking does not make the tenant, as Mr. Sider claims, somehow the property of the landlord.