As of January 1, 2008 all workplaces in Alberta are to be completely smoke-free, thanks to the Stelmach government passing Bill 45, the Smoke-Free Places (Tobacco Reduction) Amendment Act.

However, not all workplaces will be smoke-free. The Grey Eagle Casino on the Tsuu T'ina Nation Reserve on Calgary's south-west edge and the River Cree Casino on the Enoch Reserve on Edmonton's south-west edge will continue to allow patrons to smoke.

Indian reserves are subject to provisions contained within the federal Indian Act; such as freedom from taxation and the ability for a band council to pass by-laws that supersede provincial legislation.

Section 81(1)(a) of the Indian Act, gives the reserve band government the authority to pass by-laws "to provide for the health of residents on the reserve." Ironically, on November 13, 2007, the Tsuu T'ina Nation used this section to pass a by-law to allow smoking in the Grey Eagle Casino.

The Enoch Cree Nation also passed a similar by-law to ensure smoking can continue in the River Cree Casino.

Chuck Strahl, Minister of Indian and Northern Affairs (INAC), has final say on whether these two by-laws would get approval. Although, this seems more a formality, as casinos on reserves in Saskatchewan, Manitoba and New Brunswick all have had their smoking exemption by-laws approved by previous ministers. Moreover, according to INAC spokesman, Glenn Luff, no minister has refused approving "public interest" by-laws in the past 25 years.

The passing of these by-laws have nothing to do with "public interest" and everything to do with "self-interest."

These two native bands are mis-using a provision within an archaic act (just look at the name), in order to gain a competitive advantage over other casinos and bars in their area.

These two aboriginal owned casinos already had a huge advantage over their local competitors thanks to the Indian Act allowing them to purchase goods and services tax-free, as well being able to pay their resident band employees less because their don't have to pay income taxes. Now, they will also have a complete local monopoly over providing gaming and hospitality services to customers who wish to smoke while they gamble or drink.

While the bands themselves must wear some of the blame for knowingly mis-using a well-intentioned provision of the Indian Act for their own financial gain, the federal government is ultimately at fault.

The federal government should phase out the Indian Act, and end all race-based double standards - both those that advantage native bands and those that disadvantage native bands (like the prohibition on individual private property rights - which would give natives on reserve collateral to get loans, start their own businesses and create wealth).

Until changes are made, race-based double standards will continue to amass, creating unfair advantages and an un-level playing field for all.

Whether you are a smoker or a non-smoker, agree with the smoking ban or not, one thing is undisputable: laws of the land should apply equally to all Canadians regardless of racial ancestry.