Smoking in cars with kids is 'reprehensible,' province open to ban: Premier

Reported December 10, 2007

TORONTO - Smoking in cars carrying young passengers is "reprehensible" given the dangers of second-hand smoke, but Ontario would have to think hard before becoming the first province to pass "invasive" legislation against it, Premier Dalton McGuinty said Monday.

During the recent Ontario election campaign, the Liberals didn't promise to ban smoking in cars with kids, and McGuinty ruled out the idea just a few months ago, calling it a slippery slope.

But as health advocates rally around a private member's bill which would give police the right to pull people over for smoking in a car with passengers under the age of 16, McGuinty now says he's open to the idea.

"To one extent, it's pretty invasive," McGuinty said Monday after decorating his office Christmas tree with children from the legislature daycare.

"The car is a kind of personal space. On the other hand, as a parent, I think the idea of smoking inside a car is reprehensible. Kids have no choice in the matter at all so I think it's an important debate to have."

Jurisdictions in the United States and Australia, as well as the town of Wolfville, N.S., have all banned smoking in cars where children are present. In B.C. and Nova Scotia, opposition politicians have tabled private member's bills recently that would also ban the practice across the province.

Private member's bills rarely become law unless they are adopted by the government, but McGuinty said he's going to stay neutral and hear what Ontarians have to say.
 

"If nothing else, this debate will help to reinforce what we all understand - that smoking is harmful to all of us but it can be particularly harmful to children," McGuinty said. "All those who become aware of the debate will hopefully understand that you shouldn't smoke in a car."

While tobacco lobby groups say any legislation would be a violation of people's rights, health experts say the risk to children's health is good enough reason to force people to butt out after they buckle up.

George Habib, CEO of the Ontario Lung Association, said the law would be no different than compelling people to buckle their seatbelt or properly install a carseat.

Exposing a child to a hour of smoke in a car is like giving them an entire pack of cigarettes, Habib said. Second-hand smoke has been linked to a host of health problems including ear infections, lung cancer, asthma and heart problems, he added.

A recent Ipsos-Reid poll found the majority of Ontarians were in favour of a ban, including 66 per cent of smokers surveyed, Habib said.

But unlike communities in other provinces, Ontario municipalities don't have the power to outlaw the practice on their own, he added.

"We need the province to do this."

Janice Willett, head of the Ontario Medical Association, said she hopes it's just a matter of time before the Liberals catch up with public opinion.

"I feel encouraged and I think that when (McGuinty) reflects on it further, he'll realize it's the right thing to do to protect children against second-hand smoke," she said. "It's one of the last environments that we're concerned about children not being able to get away from a high concentration of smoke."

Smoke is 23 times more concentrated in a confined car than it is in a small room, making it that much more deadly, Willett added.

Bill Grodzinski, chief superintendent and commander of the provincial police highway safety division, said he's more accustomed to hearing complaints about cellphones, drunk driving and seatbelt violations than concerns over smoking.

But Grodzinski said the law wouldn't be that difficult to enforce. Police could pull drivers over the same way they do now for seatbelt violations or for distracted driving, he said.

And if it became law, Grodzinski said police would likely get some help from the public.

"People do take an interest in the enforcement of laws," he said. "With something like this, given the sensitivities around children's health, we would probably see calls coming to the police."

Liberal David Orazietti introduced a private member's bill last week which would allow a police officer to pull over anyone smoking in a car with kids and levy a fine of between $200 to $1,000.