The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

14 economist suntribune york region thursday oct 3 2002 smoker challenges obstruction charge from page 1 these guys think theyre doing the inspectors account of the august confrontation at mr findlays office indi cates he was trying to follow up on a complaint and became suspicious smoking was occurring when he visited copies of mr hewitts notes filed with the court indicate he identified himself as an inspector only to have mr findlay close the door in his face mr hewitts notes say there was a very strong smell of cigarette smoke pre sent the notes say although mr hewitt frl oct 4 sat oct 5 sun oct 6 visit our website f fathersmarkhamcom call for details shaken not stirred straight shooter karaoke 2940134 the last call free designated driver i for you and your car starts 1130pm comer of hwy7 and mccowan rd since 1984 h increase awareness creativity using art therapy 6 week workshop beginning oct 15 730900 pm cost 120 no art ability necessary 905 4714112 0j this message brought to you as a community service of the economist suntribune tb t mm mom- sills thursday oct 3 sunday oct mil i am j huge clearance of mens and womens businessand casual apparel featuring leading european and north american designers prices slashed on mens designer suits from 99 sports jackets from 69 leather trench coats womens suits shirts blouses from 10 accessories and more inventory blowout of womens jones new york merchandise l 7- why go downtown when the best deals arejust around the corner 8 t c 4sw ufssh p 1 a c isftl at metro east trade centre in pickering 1899 brock rd just north of the 401 store phone 4165960297 october 3 4 thursday friday 1 1 am 8 pm october 5 6 saturday sunday 10 am 5 pm discount designer men s women s clqlltimat metro east trade centre metc home of the pickering market 1899 brock rdjust north of the 401 mm v knocked several times mr findlay would not allow him inside and insisted he produce a search warrant mr findlay does not dispute that version of events except to say he quit smoking in his office after the first warn ing from the health department mr findlay questions the bylaws application in his case brian patterson a forensic accoun tant who will act as mr findlays agent in court agrees prosecution of the case under the regional legislation is inap propriate the regions bylaw is specific in its prohibition of smoking in the work place as well as the right of inspectors to enter premises to check for infractions the legislation states no person shall smoke in a workplace and further directs employers to ensure no smoking is allowed a workplace is defined as a building or structure in which one or more employees work the legislation also empowers bylaw officers or health department inspectors to conduct inspections of premises it says obstructing an inspector is an offense whether or not the smoking bylaw is being contravened the maxi mum fine is 5000 all of that strikes anita fisher as rather excessive ms fisher who works alone in an office in an industrial area in aurora was cited by mr hewitt on sept 20 for having an ashtray in her workplace i wasnt smoking when he walked in but there was an ashtray on my desk and a package of cigarettes ms fisher said mr hewitt told me i was in con travention of the smoking bylaw i said what are you talking about i said thats silly the statement of infraction issued by mr hewitt states that ms fishers employer universal filter media failed to prohibit ashtrays and like parapher nalia in the workplace she has been given 14 days to comply with the bylaw ms fisher insists its preposterous for the region to be enforcing a bylaw aimed at protecting people from sec ondhand smoke in an office thats occupied all day by just one person i think theyre stepping over the bounds of what they should be allowed to tell us ms fisher said if i had a bag of pot on my desk and he called the police and i was charged that would be okay because pot is ille gal she said cigarettes are not illegal dr hanif kassam associate medical officer of health with the region said inspections of workplaces such as ms fishers and mr findlays are necessary to ensure the integrity of the bylaw our intention is a good intention our intention is to protect the health of the public dr kassam said we have a law that has been put into place by our elected officials he said when major policies are made theres going to be a segment of the population mat will not be happy with it this is one very good example of such a policy 90 per cent compliance between june 1 2001 the date the bylaw took effect and july 31 of 2002 regional inspectors laid more than 400 charges for infractions in restaurants pubs places of business and other pub lic gathering spots just two obstruction charges have been laid dr kassam said we use obstruction charges only as a complete last resort he said weve got over 90percent compliance in workplaces a group of restaurant and bar owners has hired constitutional lawyer morris manning to launch a challenge to the regions bylaw that case goes to court next february the region has hired paterson macdougall a law firm that successfully fought a similar challenge to antismok ing legislation in kitchener waterloo