October 1, 2004 all of Manitobans will be under a no smoking law - sort of. Reality is of course another dimension. Indian reserves will be exempt from the law thus creating a two-tier smoking law. Since the new law will not apply to Indian reserves, several Indian bands which operate VLT lounges or casinos on their reserve will continue to offer smoking environments to customers.

It should be common sense that laws be applied equally to all citizens, or not applied at all. Having two sets of laws for its citizens, as Canada and the provinces do is wrong both morally and intellectually. So how is the two-tier smoking law possible

The province has indicated that because Indian reservations are under the jurisdiction of the federal government the province can not enforce this new law on reserves.

The Canadian Taxpayers Federation says nonsense.

It is true under the Constitution Act of 1876 the federal government has exclusive jurisdiction of Indians and the lands reserved for the Indians. The Indian Act is the piece of legislation the federal government uses to exercise their jurisdiction.

That said, Section 88 of the Indian Act allows for all laws of general application in any province to be applicable to and in respect of Indians in the province. There is of course an exemption when the provincial law is in contravention of the terms of any treaty or any other Act of the Parliament of Canada.

It is because of Section 88 that the legislation and regulations of Manitoba Lotteries Corp. and the Manitoba Gaming Control Commission need to be adhered to in order for Indian bands to operate casinos or VLT lounges.

Why the Manitoba government is forgetting or conveniently ignoring this is anyone's guess. But it may be due to the great deal of uncertainly which surrounds the exemption in Section 88. The uncertainty is often due to a few Indian bands who often proclaim provincial and/or federal laws infringe on their treaty rights - the gun registry is an example.

The best way to end the ambiguity would be to abolish the Indian Act and phase-out the Indian reserves system. By doing so, Canadians and their various level of government will be assured that all laws are applied equally.

It is highly unlikely the federal government will implement this recommendation anytime soon. In the meantime, the Manitoba provincial government should not treat its citizens differently based on their ancestry.

If the Manitoba government is to be perceived as fair and equitable to its citizens, which it claims to be, then provincial laws must apply equally to the citizens. It would take little effort for Premier Doer to have the pointy heads at the province's Justice Department do some leg work to ensure the no smoking law is equally applied to all Manitobans. It is not good enough for him to throw his hands up in the air, play the federal blame game and claim there is nothing he can do.