New Quebec bill will ban smoking in public places. Montreal says that’s impossible to enforce

Montreal Mayor Valerie Plante and police chief Sylvain Caron are saying it would not be possible to enforce the provincial government’s proposed ban on smoking or vaping cannabis in all public places.

 

 

The CAQ government’s Bill 2 seeks to implement a public smoking ban and raise the legal age of access from 18 to 21. The legal age to purchase alcohol and tobacco in Quebec is also 18, and current laws allow residents to consume cannabis in most places they can consume tobacco, such as parks and city streets.

Quebec is not the only province that has seen clashes between the differing visions of local and provincial governments. Provinces such as Ontario and B.C. have controversially allowed municipalities to opt out of allowing cannabis retail, and Akwesasne has seen disputes between traditionalists and Mohawk officials about raids on local dispensaries.

Federal and provincial law are also frequently at odds; the Cannabis Act allows Canadians to possess four plants for personal use, but provinces like Quebec and Manitoba ban the practice.

Both Plante and Caron spoke at public hearings this week decrying the move, saying legislators have shown they fail to distinguish between the realities of life in the Quebec’s most populated city versus the rest of the province.

Approximately 60 percent of Montreal residents are renters, and Plante says that Bill 2 would prevent most Montrealers from accessing a legal place to consume. Many landlords and even condo associations are implementing strict bans on indoor consumption, meaning most of the city’s cannabis enthusiasts currently have no choice but to step outside to smoke or vape.

The ban, she argues, would essentially exclude the majority of the city from consuming the legal drug.

“We cannot just tell them go and smoke in your home. It doesn’t necessarily work that way, because for tenants it’s different than if you own your own house,” said Plante. “That, for me, is where the real problem lies. While the motive may be noble, I’m of the school—and that’s the reason why we’re working with public health—that it’s better to reduce the use and the harm.”

Caron also expressed dubiousness towards Bill 2, saying that the Montreal police force (SPVM) does not have the resources to enforce strict rules, and that trying to do so would divert officers’ attention from more important police work.

The hearings themselves have been controversial. Liberal critic Andre Fortin referring to the proceedings as “a bit of a circus” and expressing skepticism that premier Francois Legault was keeping an open mind while listening to testimony, and the Quebec Bar Association—though not invited to speak–released a statement warning that Bill 2 could face a constitutional challenge relating to age discrimination.

Ultimately, says Plante, the city just wants to make decisions that reflect the unique landscape of the city.

“Municipalities should have the right to decide what makes sense on their territory. I do not believe in ‘one fit for all.’ Montreal is different than Baie-Comeau or Rouyn-Noranda,” Plante said.

 

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