Backbone

Though lauded for his concern about the health consequences of exposure to second-hand smoke, ultimately the chief medical officer of health for the Northwestern Health Unit was whistled for overstepping his bounds in trying to ban smoking in all enclosed public places in the Kenora and Rainy River districts.
In its decision issued yesterday, the Health Services Review Appeal Board ruled Dr. Pete Sarsfield’s interpretation of Section 13 of the Health Protection and Promotion Act was incorrect—that, in fact, he did not have the authority to issue a region-wide ban.
Instead, the board said, that authority lies only with locally-elected municipal councils.
Smokers, of course, and those area businesses that launched the appeal against Dr. Sarsfield’s edict last year, no doubt are rejoicing yesterday’s long-awaited ruling. As, too, are those who felt an unelected official had no mandate to do what he did.
Fair enough. But the bottom line in all this is that Dr. Sarsfield would not have had to declare second-hand smoke a health hazard, and thus subject to a ban under his interpretation of Section 13 of the HPPA, if area municipal councils—including Fort Frances—had the backbone to do the right thing in the first place and ban smoking in all enclosed public places.
In essence, Dr. Sarsfield merely picked up the ball the councils had fumbled.
So, that ball is now back in the councils’ court. And the $64,000 question is whether those councils will run with it—or go back to tossing it around like a hot potato in hopes the province (as promised by the McGuinty Liberals) eventually passes such a ban so they don’t have to make the tough decision themselves.
Clearly, Dr. Sarsfield wants to keep up the court battle—arguing that any taxpayers’ dollars spent pales in comparison to what will be saved down the road in health care costs associated with smoking and second-hand smoke.
Maybe so. But taxpayers, already faced with another hit in the pocketbook where the health unit and its programs are concerned, are understandably leery of seeing more of their hard-earned cash going down the drain because Dr. Sarsfield isn’t willing to accept defeat.
A much better—and cheaper—route is for taxpayers to take up the cause and lobby their municipal councils, as well as Queen’s Park, to get rid of the health hazards posed by second-hand smoke. People also can talk loudly with their wallets by avoiding those businesses that still do allow smoking.
The writing is on the wall. Sure, Dr. Sarsfield may have lost this battle, but a ban on smoking in all enclosed public places is coming. It’s now high time councils took action to ensure that day is sooner than later.