Appeal Court Upholds Ottawa's Smoke-Free Bylaws

May 28, 2002

Ottawa - At a hearing in Toronto, the Ontario Court of Appeal ruled today in favour of the City of Ottawa's Smoke-Free bylaw in dismissing appeals by PUBCO and the Rideau-Carleton Raceway, with costs. A three-judge panel ruled the City of Ottawa has the legal right to prohibit smoking in public places and workplaces under the powers granted to municipalities by the Ontario Municipal Act.

"We are satisfied with the Court decision. The Court of Appeal has confirmed what the Superior Court of Justice held last August - that the City is acting under clear legislative authority set out in the Municipal Act," said Michael Rankin, the lawyer representing the City.

PUBCO, an organization of local pub and bar owners, and Rideau-Carleton Raceway and Slots challenged the bylaws.

"This decision confirms Ottawa City Council's desire to put the health of our citizens first," said Mayor Bob Chiarelli. The Mayor also noted that since the legal challenge began, the Rideau-Carleton Raceway has expanded and 82 new bars and restaurants have opened

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