Clearing the smoke.Saskatchewan residents who recently made a New Year's resolution A New Year's Resolution is a commitment that an individual makes to a project or a habit, often a lifestyle change that is generally interpreted as advantageous. The name comes from the fact that these commitments normally go into effect on New Year's Day and remain until the set to quit smoking might have found it easier than other years, because smoking was outlawed in virtually all indoor public places on January 1, 2005. That is, to the provincial government's dismay, in all public places except some First Nations casinos. How could this happen? The government of Saskatchewan passed a law. Why does it not apply to all people living in Saskatchewan? Well, one explanation is democracy. [ILLUSTRATION OMITTED] There are four established and recognized levels of government in Canada--federal, provincial, municipal and First Nations, each run by elected officials who make decisions on what they believe to be in the best interests of their constituents. Each level of government has authority to do certain things. In legal terms it is referred to as legislative authority or jurisdiction. In day-to-day discussion, we refer to it as constitutional law. It's what empowers each level of government and prevents any other from regulating what another controls. [ILLUSTRATION OMITTED] Criminal law is made by the federal government. So is divorce law and regulation of navigable waters Waters that provide a channel for commerce and transportation of people and goods. Under U.S. law, bodies of water are distinguished according to their use. The distinction is particularly important in the case of so-called navigable waters, which are used for business or . The provinces control property and natural resources within their boundaries. Municipalities have the right to tax residents to raise money for their own programs and services. First Nations people have the rights guaranteed to them in their treaties and these rights cannot be affected by any level of government. Controversial? You bet. Should we be surprised that a law made by one level of government does not apply everywhere or to everyone? Of course not. Canadian, provincial and municipal borders dictate different sets of rules that we abide by every day in our lives. When you cross the international border into the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. you can buy beer in the grocery stores. If you leave Saskatchewan and enter Alberta you do not have to a pay provincial sales tax sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government. . In North Battleford North Battleford, city (1991 pop. 14,350), W Sask., Canada, at the confluence of the North Saskatchewan and Battle rivers, opposite Battleford. It is the service and distribution center for NW Saskatchewan, which has rich farming, lumbering, and fishing. , kids under the age of 16 are subject to a curfew curfew [O.Fr.,=cover fire], originally a signal, such as the ringing of a bell, to damp the fire, extinguish all lights in the dwelling, and retire for the night. The custom originated as a precaution against fires and was common throughout Europe in the Middle Ages. . In Humboldt, the speed limit is 40 km/hour. It is not unexpected that First Nations governments might have different rules when crossing their boundaries. What determines when and where the law of one government applies is a never-ending source of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Sometimes the battles are fought by different levels of government and other times the laws are challenged by people who dispute whether a law applies to them at all. Take, for example, the right to define marriage. It was only recently that this question was decided by the Supreme Court of Canada The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1] . Some provinces argued, unsuccessfully, that this was their call. Likewise, it was only in the last five years that it was confirmed that the Saskatchewan Trade Union Act applied to casinos operated by First Nations. So what about the smoking issue? There is a provision in the Indian Act The Indian Act ("An Act respecting Indians"), R.S., 1985, c. I-5, is Canadian statute that concerns registered Indians (that is, First Nations peoples of Canada), their bands, and the system of Indian reserves. that says: Subject to the terms of any treaty and any other Act of Parliament, the laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or any order, rule, regulation or by-law made thereunder, and except to the extent that those laws make provision for any matter for which provision is made by or under this Act. While there is much more to the legal analysis than just the interpretation of this section, this provision means that if a First Nations government operating under the authority of the Act decides that it will allow smoking in its casinos, arguably ar·gu·a·ble adj. 1. Open to argument: an arguable question, still unresolved. 2. That can be argued plausibly; defensible in argument: three arguable points of law. it has the right to do so. And while it may be controversial, it is not different than the democratically enacted rules by other levels of government that we deal with each day. Whether one agrees or disagrees with a law, the process must be followed. We cannot argue only on the basis of the law's impact without considering how it was enacted. The underlying rules can change, of course, but not through unilateral pronouncements by one level of government. Gary is a lawyer with Wallace Meschishnick Clackson Zawada in Saskatoon Saskatoon (săskət  n`), city (1991 pop. 186,058), S central Sask., Canada, on the South Saskatchewan River. . Comments and questions on this article may be directed to him
at gary.meschishnick@wmcz.com
|
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion