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Caught in the act
Tobacco enforcement officer nabs six retailers for selling to minors

Glen Vienneau
Northern News Services

Yellowknife (Jun 23/00) - There is only one thing to be said about selling cigarettes to minors: it is against the law.

That is why tobacco enforcement officer Peter Thirnbeck, of Edmonton, is on the lookout in Yellowknife to catch retailers and clerks in the act.

Last week Thirnbeck, who works for the health promotion branch of Health Canada, issued warnings under the federal Tobacco Act to six retailers in Yellowknife.

"First of all, we educate them, we let them know what the law is," said Thirnbeck, adding, "It's a federal act, enforced by the RCMP."

That means providing those under the age of 18 with cigarettes can lead to criminal prosecution with financial penalties.

The six retailers caught last week underwent what is called a compliance check.

To do this Health Canada hired "test shoppers," who are strictly aged 15 and 16 years old.

Their job is to walk into a store and ask to buy a package of cigarettes. They are paid $10 an hour.

"They never insist. All they do is ask for a pack of cigarettes," said Thirnbeck.

During training last Monday, test shoppers were shown the ground rules they had to abide by. Foremost, they must tell their real age if the retailers or clerks ask.

The test was simple, explained Thirnbeck. If the retailers and clerks refused to sell cigarettes, the test shoppers leave the store.

As for those who allow the sale to go through, Thirnbeck returns to the offending establishment with warning letters. These letters contain a description of the law and pertinent information about the bust.

For the offenders, the warning letter gives them a second chance. In four or five months, Thirnbeck returns here for a second visit making an enforcement check.

If the offenders fail again, Thirnbeck will be working with the RCMP to lay charges.

"Most of your retailers plead guilty, because it's pretty much a black and white law," said Thirnbeck.

If offenders plead guilty, then the Crown recommends a fine, which can run from $500 to $1,000 for retailers, and from $150 to $300 for clerks.

However, if the offenders enter a plea of not guilty, then they go to trial.

"When you go to trial, all the evidence can be brought in -- your past history, the warning letters," he said.

The purpose of the enforcement is to protect the health of young Canadians, according to the Tobacco Act.

"But, the kids still get cigarettes, because kids get cigarettes from their parents, kids stop people on the streets," said Thirnbeck.

"That's what you call a third party sale, you can be prosecuted."