Thank You Ontario for Yet Another Unenforceable Law!
With many ways of ‘improving’ the lives of Ontarians, the provincial Liberals have decided to pass a legislation that would appease the Tories and NDP, who want a law that protects children. A law that bans the smoking of cigarettes in vehicles where children passengers are under the tender age of 16. A meaningful and symbolic move, nothing more.
This legislation should it go on the books would be entirely unenforceable, especially in an era where the windows of vehicles are now tinted and people no longer dispose of cigarette butts in the cars’ ashtray, yet another thing of a not too distant past. And how so easy it is to dispose of the incriminating evidence. Smell alone means nothing. Cigarette smoke is notorious for clinging to fabric, the odour hanging in the air for long periods. Proving that the smoke is fresh is futile, as the driver or other of-age adult passengers could have been smoking before the young passenger got into the vehicle.
And the fine, if someone is actually caught, though it is unlikely, is a mere $200, and that is Canadian. If this is a crime, why is the amount so low? It’s more of a cash grab than a crime. It’s the government merely pretending it gives a damn, because at the end of the day the only thing politicians truly give a damn about is votes and as long as appearances are maintained, nothing else matters.
What’s more, if the police start pulling over people at random, there will be an incredible amount of public outrage at the blatant invasion of privacy by the nanny state in the pursuit of the elusive few who flout the law. After all, if someone isn’t speeding and they are following the basic laws of the street, there is no legal justification for pulling them over.
Even if a programme similar to RIDE is implemented, it’s easy to dispose of the incriminating evidence. Unlike alcohol, cigarettes do not intoxicate the user and hence, it’s legal to drive while smoking. Even if there are spot checks, smell alone is not grounds for charging someone because there is no way of proving when the smell got into the fabric of the car’s upholstery or into the person’s clothing.
And how will age be determined? A sight test will fail no doubt and not all people upon turning 16 years old immediately go out and get a license. There are no mandatory ID cards and not all people look their age at this point. Some people will look older, and some will look younger, much younger than they actually are.
What of court appeals? How will it go down? Will the officer take names of all the people in the car? There are too many problems with a piece of legislation like this. It provides too many ways for a person to get caught up on a law design to placate a few without thinking of the overall repercussions that will be incurred from the existence of a law such as this.
