On January 1st all of Saskatchewan will be under a no smoking law - sort of. Reality is of course another dimension. The Federation of Saskatchewan Indian Nations (FSIN) does not intend to honour the smoking ban in Indian run casinos. Thus a two-tier smoking law will be created.

It should be common sense that laws be applied equally to all citizens, or not applied at all. Having two sets of laws for its citizens, as Canada and the provinces do is wrong both morally and intellectually. So how is the two-tier smoking law possible

The province believes that because Indian reservations are under the jurisdiction of the federal government the province can not enforce the new law on reserves or in Indian run casinos.

The Canadian Taxpayers Federation says nonsense.

It is true under the Constitution Act of 1876 the federal government has exclusive jurisdiction of Indians and the lands reserved for the Indians. The Indian Act is the piece of legislation the federal government uses to exercise their jurisdiction.

That said, Section 88 of the Indian Act allows for all laws of general application in any province to be applicable to and in respect of Indians in the province. There is of course an exemption when the provincial law is in contravention of the terms of any treaty or any other Act of the Parliament of Canada.

For example, it is because of Section 88 that the legislation and regulations for vehicle registration and insurance of the Saskatchewan Government Insurance (SGI) need to be adhered to by all citizens of the province - Indian and non-Indian alike.

Why the Saskatchewan government is forgetting or conveniently ignoring this is anyone's guess. But it may be due to the great deal of uncertainly which surrounds the exemption in Section 88. The uncertainty is often due to a few Indian lobby groups who often proclaim provincial and/or federal laws infringe on their treaty rights - the gun registry is an example.

The best way to end the ambiguity would be to abolish the Indian Act and phase-out the Indian reserve system. By doing so, Canadians and their various levels of government will be assured that all laws are applied equally.

It is highly unlikely the federal government will implement this recommendation anytime soon. In the meantime, the Saskatchewan provincial government should not treat its citizens differently based on their ancestry.

If the Saskatchewan government is to be perceived as fair and equitable to its citizens, which it claims to be, then provincial laws must apply equally to the citizens. It would take little effort for Premier Calvert to have the province's Justice Department do some leg work to ensure the no smoking law is equally applied to all citizens of the province.

It is not good enough for him to throw his hands up in the air, play the federal blame game and claim there is nothing he can do.