Canadian Case Law on Drifting Second-hand Smoke in Multi-unit Dwellings
To sum up:
* There is no right to smoke enshrined in Canadian law
* Personal autonomy is not synonymous with unconstrained freedom
* Smokers are not a protected class nor recognized as having a disability under the Canadian Charter of Rights and Freedoms
* Non-smokershave a right to breathe clean air and children have a right to be raised in a smoke-free environment
* In a small handful of cases, Canadian courts have been sympathetic to the plight of non-smokers unwillingly exposed to drifting SHS in their own homes. Cases have been won on the premise of nuisance, as well as a breach of the covenant of quiet or peaceful enjoyment.