Somebody Smarter Than Me Please Help
The province can't enforce the ban on First Nations. It doesn't apply there and never has, and the courts said so. In a back-and-forth case that ended in March, Manitoba's Court of Appeal reaffirmed the rights of First Nations to be exempt from provincial law. That was, you'll recall, the case of Treherne bar owner Robert Jenkinson who challenged the law as unfair because it applied only to off-reserve bars like his. The court sided with the First Nations, not Mr. Jenkinson.
Thing is, I'm really sure that the court case in question just sided against Mr. Jenkinson by suggesting that he did not have the right to allow smoking in his bar because it wasn't breaking his rights that First Nations still allowed smoking. Can anyone out there confirm one of our takes on this? Or add a new, possibly even correct, version of the decision?