The Hack says I'm wrong about the finer points of the Jenkinson smoking decision. http://hacksandwonks.blogspot.com/
Here's the highly-technical Court of Appeal decision.http://www.canlii.org/en/mb/mbca/doc/20082008mbca28/2008mbca28.html
It says, essentially, that the province didn't discriminate against Mr. Jenkinson because he could, theoretically, open up his own bar on a reserve. The Hack is probably right - the decision doesn't explicitly say the province can't enforce the ban on reserve, but that's the practical application of the decision, and it was the undercurrent of the arguments made by First Nations interveners. The decision was a huge victory for the province and put the issue to rest, allowing the ban to stand off-reserve based on the principle that the province has no authority over First Nations.In related news, Portage-Lisgar MP Brian Pallister called to say he made a rookie mistake Monday. He failed to catch the Court of Appeal decision that overturned Clearwater. Fair enough.