Smoking And Law

982 words, 4 pages

Intro Sample...


Smoking in the presence of younger children, technically, can be violating their rights. Children usually do not have the choice of whether or not to be in a vehicle where second hand smoke concentrations are high. In the Charter of Rights and Freedoms, the first of the legal rights is clearly stated in Section 7- “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof…” (“Canadian,” n.d., p.1). Health effects of second hand exposure are obviously well known, and exposing children who may be unaware of it could very well be jeopardizing their right to life. Second hand smoke may not have serious immediate health effects, but its long term consequences can be serious. Smokers may consider themselves disabled under Section 15 of the Charter of Rights and Freedoms and are being discriminated against by this smoking legislation. This statement should be considered an invalid claim primarily for the reason that smoking is a personal choice and being addicted to nicotine does not disable them from limiting their usage in the presence of children. This law was obviously made with the intentions of protecting children’s health, and limiting the use of tobacco, without violating the rights of a smoker.
Smoking is a legal activity that Canadians continue to engage in. Many non smokers have come to recognize smoking in public or around other people as unacceptable. In the Smoke Free Ontario Amendment Act, “A person who contravenes [the bylaw] is guilty of an offence and on conviction is liable to a fine of not more than $250” (Ministry of Health, 2008, p. 2). It might be assumed by Canadians that this law will be a law that isn’t heavily enforced. People may as well just smoke in their car in the presence of children while nobody is looking. Regardless, the law entails a fair punishment even View More »

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