An appeal court has overturned the conviction of Robert Jenkinson of Treherne.

He was found in violation of the provincial smoking ban in the bar at Creekside Hideaway.

However, the court ruled the law is unconstitutional because it exempts First Nations.

The province has been ordered to make the law comply with the ruling.

Jenkinson feels vindicated in his effort to fight the law.


Jenkinson sees himself standing up for First Nations health in having the smoking ban apply across the board.

The provincial government says it may appeal the ruling.