McNeill v. Ontario

A prisoner challenged a prison’s no-smoking policy claiming that the policy amounted to cruel and unusual punishment and discriminated against him based on his disability of being addicted to nicotine. The court dismissed the prisoner’s challenge, finding that the smoking ban is not a punishment. Additionally, the court found that the no-smoking program, which was which was introduced to comply with a properly passed law and designed to meet the worthy goal of public health, is not cruel and unusual treatment. The court also ruled that addiction to nicotine is not a protected disability. 


McNeill v. Ontario (Ministry of Solicitor General and Correctional Services), CanLII 14947 (1998).

  • Canada
  • May 14, 1988
  • Ontario Supreme Court


Plaintiff Peter McNeill


  • Corporation of the City of Guelph
  • Ministry of Solicitor General and Correctional Services

Legislation Cited

Canadian Charter of Rights and Freedoms

City of Guelph Smoking in the Workplace Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product