May 15, 2017

Nanny state invades Ontario man’s smoking “safe space”, ignores flagrant law-breaking on reserves

David MenziesMission Specialist

There’s a long list of places you can’t smoke in Ontario but I regret to inform you that the Nanny State has goose stepped its way into that final frontier of safe smoking spaces – namely, the personal automobile.

A National Post story chronicles the bizarre case of Harry Kraemer of London, Ontario, who owns a cleaning service and likes to light up from time to time while ensconced in his swank Porsche SUV.

Last fall, London’s Smoking Police ticketed Mr. Kraemer for smoking in his own vehicle – and no, there were no children in the Porsche – just Kraemer.

I explain what led to an overreaching by-law officer issuing three tickets to Kraemer for a whopping $350 each and why he may have been targeted in his personal vehicle in the first place.

While tobacco is highly restricted, it’s nevertheless a legal product for adults to consume, so what that bylaw officer did to Kraemer appears to be an abuse of regulatory authority.

If the Smoke Police really want to crackdown on illegal tobacco use, they should head over to native reserves in Ontario, where they’ll find every single rule in the Smoke-Free Ontario Act broken on a daily basis.

But that wouldn’t be politically correct, so our politicians hold their noses, divert their eyes and instead carry out vendettas against the likes of Harry Kraemer, an honest, taxpaying citizen just enjoying a cigarette in his own vehicle.

(PHOTO: Flickr/ecigarettereviewed.com)

Comments
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commented 2017-05-15 19:35:27 -0400
Several years ago, my Dad had a visit from a By-Law time waster…he told my father it was necessary for him to buy a dog-walking license, I think it was $15.00 Different from a regular dog license.
My Dad refused as Missy only wanted to go outside in the fenced in backyard, anytime she was leashed and taken out the front door; she would howl and flop on the ground – she refused to be walked. My father was polite, but, adamant. The threat of fines was thrown around if the dog was caught walking the streets without the proper dog-walking license, he was accused of being a terrible pet owner….eventually, my Dad told him he had 5 seconds to leave or the police would be called. Over the next two weeks, this By-Law Beaurocrat was parked a few houses up the street, he sat on his arse hoping to catch a dog without the silly license.
commented 2017-05-15 18:07:42 -0400
I had a back hoe down the block going at it at 12:30 am last year. Called the by-law office, took a few pictures of the work and sent them in. The by-law guy called me back and said that their offices closed at 9, so he couldn’t independently investigate, though if my story was true it would have been a violation. He said if I would have to be willing to testify in a court of law against the company. I replied, no thanks, I was just hoping that perhaps if enough people in the area had complained, it would be looked into. I wonder how much he get’s paid, and what kind of pension this hard working, civil servant, will get.
commented 2017-05-15 17:54:51 -0400
Will the anti smoking laws be as vigorously enforced against pot smokers? You know the answer to this already don’t you.

The reason you know is because you see the universal equity of enforvement of the rule of law in comple break down – we see daily how authority holds each identity group to different standards of law enforcement – in the end, it is the la and its enforcers which come into wide public disrepute for their infidelity to the equity of law.
commented 2017-05-15 16:18:30 -0400
With that special title you don’t need a license to gamble sell liquor or any other applicable municipal law’s..
Or even a business license for that matter if you were still operate one… We are at a serious disadvantage that our founding fathers never saw coming.. Most natives aren’t even aware of what that land title represents but their chiefs and special lawyers are and they use it for their advantage to bilk millions if not billions of dollars awayfrom the rightful recipients of that money..
commented 2017-05-15 16:07:31 -0400
Keith Barnes…allodial title is such a huge deal in fact it’s beyond huge in fact it’s so large that the way you brushed it off with such a casual dusting shows exactly how much we know and understand what’s going on in this country and why were in the trouble we are in now… It’s called lack of knowledge and Involvement and no desire to pursue any knowledge..!!
Without knowledge bitching and complaining and will get you laughed behind closed doors as well as absolutely nowhere within the movement of this country.!!
commented 2017-05-15 16:03:05 -0400
As well… Ownership of the land also shows the differences between rights that are in alienable and privileges…
commented 2017-05-15 16:00:23 -0400
Keith Barnes… Nobody is missing the point and this is all related and if you’re wondering why the reservations to get different treatment then the white man off the reservations it all has to do with ownership of land.. They have ownership and we do not… That is the point…!!
commented 2017-05-15 15:40:53 -0400
It’s time to stop calling the nanny state ‘nanny’. That’s far too benign a term for what is outright tyranny.
commented 2017-05-15 15:18:34 -0400
Everybody appears to be missing the point. The fact that we have Government employees who are called Smoking Police just shows how far this Country has turned to the Left.

Which hand are we supposed to use to clean ourselves after using the Toilet? I am sure Wynne will make it the Left Hand, the stupid Commie Lap Dog. How long will it be before cameras are installed in our Washrooms, to make sure that we do not brake the Left Hand Law?

Oh Canada, where have you gone.
commented 2017-05-15 15:16:52 -0400
And there you have it folks… your answer why the natives are left alone to do what they will while the rest of us are ground under boot heels..
Allodial title.!!
The next prime minister of Canada must have the available testosterone to open the charter and make land rights fair for all.!!
Even when Canada broke away from the queen in the entire country and its population was fooled into thinking you were independent but the properties that we occupy still fall under “the crown”.!!
We the citizens of this country need to have a better deal written up for us that JT’s father removed in an effort to give more power to the government and less back to the people.
This is a very touchy subject that no government likes to address.!!
commented 2017-05-15 14:21:46 -0400
hmmmm…must have been near the end of his quota period and he was short…
commented 2017-05-15 14:11:12 -0400
Political correctness is not what keeps the smoking police from enforcing the law on the Reserves. Its the knowledge that they would be unlikely to ever return home at least in one piece. Even the OPP won’t go there because they know that they are totally outgunned.
commented 2017-05-15 13:29:59 -0400
Dear Andrew Stephenson, you obviously have never owned a business. But, that aside, what I do in my vehicle with no one else in it is neither your or the state’s business.
commented 2017-05-15 13:11:35 -0400
Leviticus; Went on reserve to retrieve a rifle with store merchant (RCMP couldnt) once upon a time. Never heard of allodial title but I knew we weren’t suppose to be there. Never got the rifle.
commented 2017-05-15 12:46:43 -0400
“Tammie Putinski-Zandbelt commented 2 hours ago
No shred of evidence his Porche was used for work, and, the judge ruled appropriately. The expensive vehicle used for personal transportation; in my opinion is not a workplace & I agree with Terry MacLeod. "

It was apparently registered as a work vehicle. I’m curious if the CRA knows that “there’s not a shred of evidence {it} was used for work”. Perhaps a call to the snitch line is in order?

@Leviticus 2013,

Allodial title for reserves is a product of treaty negotiations, which did recognize the First Nations as de facto separate nations who ceded most of the land to the British Crown, but whose remaining territory is not ceded and is indeed essentially not actually part of Canada or under the realm of the Queen (the payouts and privileges were part of the deal when they were originally ceded, so independence is not total). The Crown still holds allodial title to its lands as well, something that causes issues from time to time – did you know senior governments don’t pay property tax to municipalities for this reason? That’s also why lower levels of government can’t expropriate from higher, or why a municipality can’t take lands from federally regulated private owners like railways.

For private citizens, allodial title is elusive. Even in the US, it’s very rare and only as a relic of colonial land grants. Fee simple, which is essentially usage rights, still allows that the Crown is the ultimate owner of the land and is only allowing you a modified version of perpetual tenency that can be revoked if needed. This is also why you pay royalties for minerals, and why they can levy property taxes or enact zoning – ultimately the Crown is in charge.
commented 2017-05-15 11:58:56 -0400
Sorry about the spelling errors and grammar mistakes… Damn spellcheck..!
commented 2017-05-15 11:55:44 -0400
Yeah aboriginals claim to reservation land is called allodial title" loosely translated it is like a nation state within the country similar to the land that the Vatican owns in Rome… It means that you actually on your land.
Alladial title means you can bury your dead on your own property as well as never having to pay dime one in taxes for any houses that you build on a property that’s in your possession and a host of other benefits that we the white man can’t even begin to understand as we’ve never experienced such landownership and I am speaking of multiple generations of land possession for Europeans.
This is one of the reasons why reservations had to set up their own police force, from a legal standpoint the RCMP can’t set foot there without permission. no one has authority over you with such absolute title to the land and the natives understand this and know it very well and use it to their advantage when needed.!!
This is why you will never see an attempt to enforce Ottawa law on to the natives and the average person has never even heard of “allodial title”. The natives don’t talk about it in the government certainly will not bring this fact to anybody’s attention.
The only other entity in this country that qualifies for such a title is certain religious authorities and where their churches are but that is changing now and you don’t see you cemeteries popping up where churches stand in the rural country side as this applies only do the existing churches.
The churches still retain the tax free status but are no longer allowed to set up cemeteries making their land claim permanent.
If the natives wanted they could even use their own Currency that’s how powerful this land claim is.!!
Check it out.. Allodial title..
commented 2017-05-15 11:29:58 -0400
Its only because London is so broke from poor decision making they are invoking any ludicrous law to fine people and try to make up more cash to blow away. Cant wait until they decide to blow 3/4 of a billion to build a rapid transit so the non-tax paying students can get to school 10 minutes fdaster….this towns a joke
commented 2017-05-15 11:18:22 -0400
Good video! I would have preferred more focus on the Aboriginal tobacco mafia which is now a $billion-a-year concern operating with state complicity. It is but one aspect of our ever-growing Apartheid regime. Several articles and book reviews on Aboriginal supremacism in Canada and elsewhere can be found at: www.ecofascism.com
commented 2017-05-15 10:56:57 -0400
The Smoke-free Ontario Act should be applied everywhere. Turning a blind eye when it comes to reserves is supporting a two-tiered justice system, and I don’t support that.
commented 2017-05-15 10:56:39 -0400
He smokes in a Porsche because he can afford it and… It is his car.!!
commented 2017-05-15 10:53:16 -0400
No shred of evidence his Porche was used for work, and, the judge ruled appropriately. The expensive vehicle used for personal transportation; in my opinion is not a workplace & I agree with Terry MacLeod.

The vendetta was quashed.
Smoking in his office…. open window, fan …. he deserved a ticket for that, not two.
commented 2017-05-15 10:33:26 -0400
Andrew Stephenson; That’s the rationale but you’d have to agree it’s overreaching. As far as smoking in the Porsche, well it’s dumb but it’s his investment not mine.
commented 2017-05-15 10:23:06 -0400
The rationale is that it’s registered as a business vehicle, not a personal one. If he registered it as a business vehicle, then it’s a workplace and smoking is not allowed in workplaces.

As an aside, why would you smoke in a Porsche? That’s like 20 grand knocked off resale just like that.