Canada: Turner Denies Smoking Tobacco in His Shop

Source from:  Sun Time 11/19/2014

Wiarton businessman Jim Turner, who faces nine charges related to smoking in his TV repair business in Wiarton last summer, testified he smokes ginseng cigarettes containing no tobacco and so he is not governed by the Smoke-Free Ontario Act under which he's charged.

He testified Monday in Provincial Offences court in Owen Sound he was smoking "herbal" cigarettes which smell exactly the same as strong tobacco cigarettes.

He said he started smoking the herbal brand last April as a birthday present to his eldest daughter, who wanted him to stop smoking. He also uses an e-cigarette for a nicotine hit, he said, which produces no smoke.

People testified Monday, the first day of Turner's trial, that they saw him smoking cigarettes in his shop, which is against the provincial law if he was smoking tobacco.

His neighbour, Bradley Millman presented a brief video he shot which appeared to show Turner with a cigarette in his hand as he waved to the camera from just inside his shop.

Millman lives in an apartment above the shop with his wife and two young children with breathing difficulties. He testified he filed a complaint against Turner, which prompted the Grey Bruce Health Unit to investigate.

Two tobacco enforcement officers, Alen Hawes and Miguelle Mann, testified they staked out Turner's store and, watching through binoculars, saw him with a lit cigarette going in and out of his store.

They photographed cigarette ash on the floor of his tiny shop, in a building which includes an upholstery business, and burn marks on a workbench and table.

Everyone who testified said they thought Turner was smoking tobacco.

One health unit inspector, when asked to smell some unidentified ash Turner brought, said she thought it smelled like tobacco ash. One testified Turner's shop smelled of stale tobacco.

Both testified Turner told them at the time of their investigation his preferred cigarette brand is "Pall Mall."

Turner testified Monday that was his favourite, but it's been 15 years since he smoked them on a visit to the United States.

"I smoke ginseng cigarettes," he said. "The smell of ginseng cigarettes is virtually identical if not stronger than tobacco cigarettes."

Asked by court prosecutor John Middlebro' why he never told the health unit inspectors that when they charged him, Turner said it wasn't his job to.

"It's up to them to charge. It's up to me to say you're wrong."

Justice of the Peace S. Stewart adjourned the trial to Jan. 19 to hear testimony from a man from whom Turner said he has been buying his tobacco alternative.

About four years ago Turner was charged for allegedly having an ashtray in his business but that was withdrawn at the first appearance. A justice of the peace acquitted him on similar charges in 2011 after a trial.

A Grey Bruce Health Unit tobacco enforcement officer laid the most recent charges under the Smoke-Free Ontario Act.

Turner, 69, faces three charges for each offence date: June 6, 7 and 17, at his business at 340 Boyd St. in Wiarton.

The charges allege he was holding lighted tobacco in an enclosed workplace; as a proprietor he allowed a person smoking or holding lighted tobacco to remain; and as a proprietor he failed to ensure compliance of the act.

Turner has been an outspoken critic of the powers granted to tobacco enforcement officers to enter a business without a warrant. He said in a 2011 interview after his last acquittal on smoking charges he believes it should be up to business operators to decide whether to smoke in their shops and let the public decide whether they will patronize the business.

Turner has become well versed in the provincial act governing tobacco use. He said Monday in an interview he represented himself because no lawyer he found was as familiar with it as he is.

Turner testified his intention is not to smoke inside his store, but when the phone rings he may go inside with a cigarette to fetch it.

He said he also doesn't smoke in his store as a practice because his landlord asked him not to.

Inspectors testified that was true -- at times -- but sometimes he'd be inside for minutes.

He said there's animosity between the apartment neighbours and himself and he questioned the motives of the complaint and the timing -- about 2 1/2 months prior to the start of the municipal election.

Turner is a South Bruce Peninsula municipal councillor but lost a bid last month for re-election.

Turner showed in court a package of cigarettes, which was entered as a court exhibit. The package says the cigarettes contain "Honeyrose Ginseng" and are "nicotine-free, tobacco-free, herbal cigarettes."

A ginseng cigarette, which look like regular cigarette, was another exhibit.

A nine-page document which Turner printed from the Internet was made an exhibit too. He said it details a variety of tobacco cigarette alternatives.

Both tobacco enforcement officers testified they were not familiar with the cigarettes Turner testified he's been smoking.

One also testified the ash found in his shop was not analyzed to identify what it was.​ Enditem