Penitentiary guard loses appeal against second-hand smoke

Canada Appeals office on Occupational Health and Safety says smoking at Millhaven not a threat

Ottawa (24 August 2006) - A federal tribunal has rejected an appeal by a federal guard who was disciplined for refusing to work at Millhaven Penitentiary because of second-hand smoke.

An adjudicator with the Canada Appeals office on Occupational Health and Safety issued a ruling this week saying that Howard Page was not endangered by the presence of cigarette smoke in the air at the maximum-security institution.

The Correctional Service of Canada banned smoking in Canadian prisons in January 2005 but Page says the prohibition is rarely enforced. In fact, guards often warn inmates in advance when checks will be made, giving prisoners time to stub out cigarettes, he says.

Page says he will now take his campaign for a smoke-free workplace to the courts. At a minimum, Page hopes his case will lead to a ban on the continuing sale of tobacco inside Canada's 54 federal prisons.

Since Page filed the case in May 2005, Ontario has prohibited smoking in all workplaces. However, the statute extends only to provincially-regulated premises and does not affect federal institutions such as penitentiaries.

Page is just one of several federal corrections officers who are fighting the issue. Four guards at Dorchester Institution in New Brunswick have also taken their case to the appeals tribunal. NUPGE

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