City of Vancouver v. Abdolabbas Abdiannia

Two hookah bars challenged a law that prohibits smoking or burning substances in commercial establishments. The court found that the law applied to the hookah bars because warming of herbal shisha was considered “burning”. The court rejected arguments that the smoking law was overly broad and that it violated the Canadian Charter of Rights and Freedom, finding no connection between smoking hookahs and religion. 

Vancouver (City) v. Abdiannia, 2015 BCSC 1058 (CanLII).

  • Canada
  • Jun 19, 2015
  • Supreme Court of British Columbia

Parties

Plaintiff City of Vancouver

Defendant Abdolabbas Abdiannia Carrying on Business As Ahwaz Hookah House

Legislation Cited

Canadian Charter of Rights and Freedoms

Vancouver Health Bylaw 9535

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"In my view, the respondent City, on appeal, has provided a complete, and satisfactory, answer to this whole argument: "… even if this Court concludes that the trial judge erred by finding that the herbal shisha is burned in a hookah pipe, it is inescapable that the mere burning of the charcoal in the hookah pipe is enough to result in a finding that ‘any other substance’ is ‘burned’, the smoke of which is inhaled within the meaning of the by-law. The evidence on this point is not in dispute."