$4,515 Fine in Smoking Test Case

Ottawa - An Ottawa Court today issued the stiffest fine to-date for violations of the City's Smoke-Free By-laws. The Newfoundland Pub on Montreal Road was convicted and fined $4,515.

Today's test case was the first full trial where the defendant argued that his establishment operates as a private club and is not subject to the by-law. The Court soundly rejected this argument.

In response to the decision, the City's solicitor, Michael Rankin, said: "The Court concluded that the practice of selling memberships at the door was a sham arrangement designed to circumvent the by-law. The Court made it clear that this pub was not a private club. The Court delivered a clear message to the people behind such arrangements that they won't work and that they will be heavily fined."

In addition to the fine, the Court issued a prohibition order forbidding the Newfoundland Pub from continuing to defy the law. Violation of this order could result in being found in contempt of court.

This ruling continues an important trend--all of the small number of establishments tried to date for breaking Ottawa's public health by-laws have been convicted.

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