"The indoor smoking ban arrived in Manitoba on Oct. 1, 2004 and applied across Manitoba, with the notable exception of businesses on First Nations land.

Robert Jenkinson defied the law by permitting the patrons of his business, the Creekside Hideaway in Treherne, to continue to light up inside.

He was charged with 13 offences under the Non-Smokers Health Protection Act soon after, then convicted and ordered to pay a $2,550 fine.

But the rural business owner refused to give up.

Jenkinson fought back with a legal challenge that claimed the law discriminated against him, since First Nations business owners could permit smoking.

And while the court battle over race and equality continued, it seems Manitobans paid less and less notice to the purpose the law was designed to achieve -- to offer protection from the harm of second-hand smoke."

Get the Story:
Joyanne Pursaga: Smoking ban worked, but should apply to everyone (The Winnipeg Sun 3/16)