One law for all, please!

Either smoking is banned for everybody...or it is not.

A looming court battle over Manitoba's anti-smoking law will hinge on whether the province must treat white bar owners the same as their aboriginal counterparts, an issue that could have implications across the country.

The section of the law that exempted aboriginal reserves from the smoking ban was struck down in August by Justice Albert Clearwater of Court of Queen's Bench, who ruled it violated the Charter of Rights and Freedoms.

The Manitoba government is trying to appeal the decision by arguing, in part, that the charter guarantee was not designed to provide a level playing field for white males.

Heather Leonoff, director of constitutional law in Manitoba's Justice Department, said Manitoba wants to argue that the charter guarantee of equal treatment under the law was meant to address historic wrongs.

"Not make everybody treated the same, not level the playing field necessarily, but to have an opportunity to address certain historically disadvantaged groups," she said.

The province argues that if everyone must be treated equally under the law, employment equity programs and other initiatives designed to help minorities could be struck down.

Yes, please strike down the equity programs!