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Smoking part II

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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.htmlIt 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.

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About Mary Agnes Welch

Mary Agnes Welch joined the Free Press in 2002, first as a general assignment reporter and then covering city hall and the Manitoba legislature before moving to her current post as public policy reporter.

Before Winnipeg, she worked at the Windsor Star and the Odessa American, a small daily newspaper in West Texas. There, in addition to covering more than 20 counties, she took high school football scores from coaches all over West Texas by phone every Friday night.

Mary Agnes is a graduate of Columbia University’s journalism school, has won several Western Ontario Newspaper Awards and has been part of two teams of reporters nominated for a Michener Award. In 2011, she was nominated for a National Newspaper Award in the beat category. She is also the former national president of the Canadian Association of Journalists.

She once misspelled "Shih Tzu" in the paper and received 37 emails from angry dog-owners.

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