Smoking, Children and Family Law

Smoking Considered by BC Supreme Court in Family Law


Smoking an issue in  custody  considered by court

Yeung v. Yeung, 2001 BCSC 1111 (CanLII)

Date: 2001-08-02

Docket: D105574



Yeung v. Yeung




2001 BCSC 1111

Docket: D105574


Registry: Vancouver
















Counsel for the Petitioner:

R.L. Taylor

The Respondent, Chak Shun Yeung: Appearing in person

Date and Place of Hearing/Trial:

May 10, June 29, July 12, August 1, 2001

Vancouver, B.C.

Health of the Children

[18] Ms. Yeung testified that the children have complained about Mr. Yeung's smoking on his access visits. It was evident from Mr. Yeung's person and the papers he presented to the Court that he is a very heavy smoker. He testified that he will give up smoking if awarded custody of the children. I take this as recognition that his smoking may affect the children's health.


Smoking and Relationships

more than Half (56%) Would Not Date A Smoker

Six in Ten (61%) Say a Dates Smoking Would Decrease Their Attractiveness

February 9, 2005

Canadian Press logo

Smoke-free apartments in Winnipeg

Canadian Press
 September 20, 2006

WINNIPEG -- Smokers in search of an apartment in Winnipeg will soon have fewer buildings to choose from now that one of the city's largest landlords has opted to go smoke-free.

Globe General Agencies, which manages about 5,000 units across the city and thousands Read More ..ross parts of Canada, will ban smoking for all new tenants moving into its 75 buildings as of Oct. 1.

Existing tenants who smoke will be allowed to continue, but the company sees the policy as a first step toward making all its buildings entirely smoke-free, said president Richard Morantz.

"Really this is just all part of providing a safe and healthy environment for our tenants," Morantz said Tuesday.  Read More ..

The Globe and Mail

Parents abuse children by smoking, group says

The Globe and Mail
January 21, 2003

Exposing children to second-hand smoke is tantamount to child abuse, the Canadian Lung Association says.

In a controversial statement released Monday to mark Non-Smoking Week, the venerable charitable organization called on parents to stop smoking in the home because they are endangering the health of their children.

"Children who are exposed to second-hand smoke are victims in their own homes - the very environment that is supposed to be safe and protective," said Noel Kerin, an occupational and environmental medicine specialist and medical spokesman for the lung association. The century-old charity was formed to combat tuberculosis, but has turned its attention to a variety of lung issues, including smoking.

"Second-hand smoke is damaging to a child's health and is tantamount to child abuse. The evidence is too compelling to present it in half measures or to worry about political correctness. We have a significant social and health problem that needs public attention and the associated pressure of public intolerance to correct it."   Read More ..

Toronto Star logo

Smokers - the new deviants

The Toronto Star
Aug. 20, 2006

Smokers need not apply," ran a classified ad for a job in Ireland this past May.

"Why not?" asked Catherine Stihler, a British Labour party MEP, who posed the question on behalf of one of her constituents. Should women not apply, either? Or homosexuals? Muslims? What about high-functioning alcoholics, or fat people?

The answer, from the European Commission that oversees anti-discrimination legislation in the EU, came back to Stihler this month: Smokers are fair game for discrimination.

Family Court Rules No Smoking Allowed in Family Home or Cars

The Canadian Children's Rights Council has seen numerous cases like this in most provinces or territories.

August 18, 2006

While the children are under the primary care of the petitioner, she shall not permit the children to be exposed to secondhand smoke. Specifically, there shall be no smoking within the family home at Fort St. James nor the family vehicle.   Read More ..

Smoking Case

Muskoka, Ontario

Superior Court of Justice

COURT FILE NO.:  153-03
DATE: 2004-04-27
N.C. smokes tobacco products.

The father of the children, S.S., smokes tobacco products.  N.C.'s mother, D.C., also smokes tobacco products.  The public health nurse stresses that the children were born premature and that tobacco smoke is an aggravating factor for Sudden Infant Death Syndrome, otherwise known as SIDS. 

When father resided with the family, he and N.C. did not agree that tobacco smoke was hazardous to health of the children.  They continued to smoke tobacco products.  This was evidenced by full ashtrays being observed in the residence when workers attended.  In addition, N.C. openly said to the public health nurse that she did not believe that second hand smoke was hazardous to the health of her children.  Read More ..