Ojibway challenge Manitoba smoking law

WINNIPEG, Manitoba, Jan. 14 (UPI) -- A band of Canadian Ojibway Indians in Manitoba is challenging the province's jurisdiction over a smoking ban in a reservation gambling lounge.

The Brokenhead Ojibway Nation filed a claim regarding a new video lottery terminal lounge north of Winnipeg that the province says must be smoke-free, the Winnipeg Sun reported Wednesday.

Deborah Chief told the newspaper the new facility would have 60 terminals and replace an older facility with 40 VLTs. The older facility was exempt from the smoking ban because it was operating before the smoking ban came into effect.

Lotteries Minister Andrew Swan said the government is within its rights.

"Because we have the right to regulate VLTs in Manitoba, we believe we have the right and also the obligation to set some rules on their use," Swan said. "We have put a policy in place saying that any new site where VLTs are going to be located has to be smoke-free."

However, Chief disagrees, and said the band wanted its historic rights.

"The province is trying to force First Nations through policy and economics that they cannot do by law," Chief said. "What we're trying to do is maintain our sovereignty."