Pubdate: Wed, 03 Dec 2001 Source: Report Magazine (CN BC) Copyright: 2001 Report Magazine, United Western Comm Ltd Contact: http://www.report.ca Details: http://www.mapinc.org/media/1327 Author: Lynne Cohen OTTAWA'S AMAZING BYLAW If City Counsellors Can Wipe Out Smoking, Why Not Try Them On Illegal Drugs? NOWHERE in Canada are smokers more ferociously treated these days than in the nation's capital, where a draconian bylaw last August entirely banished the hateful weed from all workplaces, restaurants and bars. Predictable indignation ensued among Ottawa smokers and restaurant proprietors, especially since their pleas for provision of separate, ventilated, air-filtered smoking rooms were summarily rejected. And now, adding insult to injury, chief medical health officer Robert Cushman, who lobbied heavily for the 100% ban, has proposed an exception: "smoking huts" for city bus drivers who cannot leave their employer's property. Mr. Cushman's rationale is that city drivers fall outside municipal, and inside provincial, jurisdiction. "This just doesn't make sense," fumes Dan Taite, fundraising co-ordinator for PUBCO (the Ottawa Coalition of Pubs and Bars), a six-month-old group fighting the bylaw in court. Furthermore, giving bus drivers an "out" denied to others is "a contradiction and absolutely hypocritical." Bartenders cannot leave their bars, he notes, and go out to a hut for a puff. Meanwhile bankruptcy threatens some PUBCO members. But hypocrisy reigns in Ottawa, Mr. Taite charges. For example, results of the regional health department's pre-ban poll allegedly were tampered with. Moreover, plainclothes bylaw officers, in an unprecedented tactical innovation, haunt restaurants to nail them for infractions which carry fines up to $5,000. Notably different, meanwhile, is the official treatment accorded various other weeds. Ottawans living near downtown parks complain bitterly that overt drug-dealing nightly plagues their neighbourhoods. Despite their repeated calls, they say, the police refuse to act. Staff Sergeant Leo Janveau explains that this is "because we have civil rights in this country. We get general complaints about drug offences all the time...but the Charter of Rights will not allow us to go and search people just because they look a little bit suspicious." Undercover work to catch dealers, he adds, is costly and seldom successful. PUBCO members would doubtless give their tobacco-stained eye teeth for such an attitude from the city's bylaw officers. Dan Taite told city councillors that he, being Jewish, knows Gestapo tactics when he sees them. He cited "government-sanctioned intimidation, deliberate misinformation, undercover officers spying on businesses, and a 'snitch' line for anonymous callers to turn in their neighbours." One of PUBCO's many sympathizers is Ottawa Sun columnist Claudette Cain, former mayor of Gloucester (now amalgamated into Ottawa), who says she has "a real problem with [bureaucratic] lies." Of the 504 Ottawa residents polled in the survey, she notes, 420 were non-smokers. Yet 75% of poll respondents thought smoking should be allowed in separate, ventilated rooms--information which somehow failed to reach city council. This curious circumstance has also upset some councillors. Currently, PUBCO and the city are arguing whether a new Decima poll says business revenue is not declining. The health department is not talking. But bylaw department director Susan Jones says things could not be going better. "We're at 95% compliance," she exults--much higher than with other bylaws, and way ahead of other Ontario towns. Nor do her enforcing officers encounter animosity, she claims; in fact, they are sometimes "applauded or hugged." But while tobacco, although still a legal substance, is so efficiently suppressed, drug dealers and users infest public parks with various illegal substances. There are also the weekend "raves." For instance, businessmen in the central Byward Market area near the alcohol-free nightclub Illusion are wondering about all the young people who pour into the street around 9 a.m. Saturday and Sunday, dishevelled and dazed after a hard night's raving. Onlookers conclude they must be on drugs, particularly Ecstasy. Illusion's owner Manon Gollain denies any such thing. "Everyone who comes to my club gets searched by us," she avers, "because we do not want trouble with the police." Police make visits too. "We send youth squad people into Illusion and such places all the time," says Staff Sgt. Janveau. "We even had a social worker that went into the club and did a lot of work in the raves...But we simply don't have the authority or grounds to do something at any moment without specific information. That is the difficulty for a police officer." But if public smoking is so easy to stamp out, Ottawans wonder how come it is so impossible to stamp out drug dealing. Some maintain, however, that there's an obvious answer: have city council pass a bylaw prohibiting drug dealing in parks and at raves, and unleash the enforcement officers. The druggies would not stand a chance. - --- MAP posted-by: Jay Bergstrom