Yellowknife (Oct 22/03) - John and Yoko they were not, but nonetheless two Yellowknife men staged a sit-in to protest something near and dear to their hearts: the right to inhale carcinogenic chemicals in a bar.

In an event staged largely for the benefit of the media, Lyle Denny and John Nault lit up Monday night at the Black Knight Pub in defiance of the city's newly minted no-smoking bylaw.

"It's our right to smoke," said Denny as he puffed away. "The city has no business telling us what we can and cannot do."

As soon as Denny and Nault started smoking, Black Knight staff called the municipal bylaw office, but continued to serve the conscientious objectors.

Officers arrived about twenty minutes later and told Denny and Nault they would ticketed.

The bylaw officers then left the bar and returned about 20 minutes later along with two RCMP officers.

Denny and Nault were each given a ticket and told to leave or they would be arrested for mischief.

"All right, we'll leave then," said a defiant Denny.

Fines range from $100 for a first offence up to $2000 for four or more offences.

Officials at the municipal bylaw enforcement office did not return a phone call seeking comment on the incident.

Denny and Nault said they would fight the ticket all the way to the Supreme Court of Canada if necessary.

The duo believe they have a legitimate defence under sections 12 and 15 of the Canadian Charter of Rights and Freedoms. "(The bylaw) infringes on our basic rights," they said in tandem.

When Denny was informed section 15 only prevents discrimination on the basis of race, religion, gender, national or ethnic origin and mental and physical disability, he said: "Smoking is a disability."

The duo will also be subject to cruel and unusual punishment --which is prohibited by section 12 of the charter-- if they are forced to butt out, said Denny.

Denny and Nault denied planning the stunt along with the owners of the Black Knight.

"We're two independent citizens," said Denny, who did admit he was friends with the owners of the pub, some of whom have been outspoken in their objections to the bylaw.

Bogus Zdyb, a part owner of the Black Knight, said he heard rumours Denny and Nault might be staging a smoke-in at his pub, but he had no role in the planning.

"People were talking about it, but I wasn't sure when or if they would come," he said.

Zdyb, who thanked Denny as he was being led out of the bar, said he was pleased to see people sticking up for their convictions.

"It's nice to see people buck the system. Especially when it comes to a law like this one that treats adults like high school kids."

The pair staged a similar protest Saturday night at Boston Pizza, but to their dismay, they were not given a ticket by bylaw officers.

"They said it would come in the mail, but that wasn't good enough," said Denny, who along with Nault was escorted out of the family restaurant by RCMP officers.