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Terry Mundell, President & CEO

Terry Mundell was also past President & CEO of the Ontario Restaurant Association (ORA). The ORA combined with the Ontario Hotel and Motel Association in 1999 to create the Ontario Restaurant, Hotel and Motel Association (ORHMA).

Mundell has worked with Canadian tobacco companies, as well as industry consultants John Luik and Roger Jenkins. During the City of Toronto's smoke-free bylaw campaign in 1999, Luik spoke at a press conference criticizing a report written by Toronto's Medical Officer of Health on second-hand smoke and lung cancer. Jenkins was asked by the ORA to conduct a study on second-hand smoke exposure levels at the Black Dog Pub. To read more about these two consultants, please go to the section on Consultants.

A particularly revealing memo is a July 15, 1998 Canadian Tobacco Manufacturers' Council Memorandum in which Mundell requested assistance from the CTMC for ventilation strategies to prevent the passage of Toronto's smoke-free bylaw. Below is the excerpt:

[ORA President] Terry Mundell has quietly indicated the Ontario Restaurant Association's (ORA) plan to consult a polling firm with respect to the planned "consultation" polling by the Toronto Board of Health. At the very least, the ORA intends to get an opinion on the board of health's questions and to call into question their methodology publicly. They are also considering the suggestion to undertake their own poll to counter that of the board of health. A request of funding by the HAC [Hotel Association of Canada] will probably be considered.

Terry asked for assistance in proving that a carbon dioxide detector could be a proper measure for ETS as an "anchor" for the ORA position on ventilation. Mundell wants to ensure that the "technical aspects are right." Regrettably, our research on this subject has indicated that no such proof exists as CO2 is an indicator of overall air quality and not specifically ETS.

In addition to the ventilation request made by Mundell, the excerpt shows that the ORA planned to call Toronto Board of Health polling methodology into question before having actually assessed it. The excerpt is also highly suggestive that the Hotel Association of Canada (HAC) has funded other anti-smoke-free bylaw projects. This is significant because CTMC Vice President David Laundy confirmed in a June 2000 CBC interview that the HAC had been receiving $800,000/year for several years to fund the tobacco industry-sponsored Courtesy of Choice ventilation promotion program.

To read more about the ORHMA, please click here.

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Barry McKay, General Manager
Jill Scott, President
Dan Taite, Fundraising and Membership Coordinator

Barry McKay is the most outspoken member of PUBCO. He frequently speaks at public consultation meetings in municipalities considering implementing smoke-free public place and/or workplace bylaws. Like the tobacco industry, he denies the health effects of second-hand smoke and calls the medical evidence of second-hand smoke a "scare tactic [that] is based on myth, a myth that was dreamt up by Anti strategists in the World Health Organization (WHO)…." (May 2003 PUBCO newsletter).

McKay is on the public record in support of unenclosed ventilation as well as separately-enclosed, separately-ventilated designated smoking rooms. This is just one of many contradictions regularly put forward by PUBCO's most visible representative. This has not stopped McKay from listing "Ventilation Facts" in a May 2003 newsletter. The "facts" listed are predictable tobacco industry messages that praise ventilation technology as a viable alternative to smoking bans, regardless of the fact that the American Society for Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) has refused to set ventilation standards for air containing second-hand smoke because there is no known safe level of exposure. To learn more, please refer to Industry Attack on ASHRAE.

Under these "facts", the Black Dog Pub ventilation pilot project is listed as an example of ventilation technology that works. As discussed in the "Ventilation Solution" in Ontario, the Black Dog Pub study was likely funded by the tobacco industry and conducted by a well-known tobacco industry consultant, Roger Jenkins. It was peer reviewed by credible engineering companies and world-renowned expert on ventilation, James Repace, who all came to the conclusion that the study was methodologically unsound and that the evidence did not support the authors' conclusions.

Although there is no hard evidence that PUBCO is funded by the tobacco industry, McKay has publicly stated that PUBCO would jump at the chance to take money from the industry to help fund their ventilation lobbying efforts (PUBCO release, January 29, 2002). McKay also identifies tobacco industry representatives that appeared at a December 2002 public health conference in Ottawa as "PUBCO supporters" (PUBCO, Bulletin 12).

Dan Taite also appears at public consultation meetings in municipalities considering implementing smoke-free public place and workplace bylaws.

At a public consultation meeting in the Municipality of Callander, in the District of Parry Sound, Taite told Council he knew Heather Crowe, and that she had stated that if ventilation had been in place then she wouldn't be in the position she is in today.

Heather Crowe is a former Ottawa waitress diagnosed with inoperable lung cancer due to second-hand smoke exposure in the workplace. After winning her claim at the Workplace Safety & Insurance Board (please see Tribunals under Legal Issues), Heather volunteers as a pro-smoking ban advocate with Physicians for a Smoke-free Canada.

Ms. Crowe subsequently sent a letter to Callander Council stating that she does not know Taite, nor had she ever made the alleged comments regarding ventilation. To view the letter, please click here.

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Douglas Needham, President
Luc Erjavec, Vice President, Atlantic Canada
Michael Farabee, Executive Vice President, Government Relations
Courtney Donovan, Policy Advocate

Douglas Needham and the CRFA emerged fairly recently on the pro-ventilation lobbying scene. The organization seems to have a louder voice on the east coast of Canada, particularly in Nova Scotia (click here to view a July 15, 1998 CTMC memo which describes the CRFA and Courtesy of Choice program working towards a "ventilation solution" in Nova Scotia).

Douglas Needham appeared with ORHMA President & CEO Terry Mundell before a committee of York Regional Council in May 2002 to make a request for a ventilation pilot project to be set up in York Region using similar ventilation technology that was used in the Black Dog Pub study during Toronto's smoking bylaw campaign. Council turned down the request. Please go to the "Ventilation Solution" in Ontario to read more about the joint request.

Luc Erjavec is the CRFA representative for Atlantic Canada. He authored an April 2, 2003 press release published in rebuttal to the release of the February 2003 GPI Atlantic Study which found no evidence of an overall, negative economic impact on the hospitality industry due to smoking ban legislation. In the release, Erjavec made the following claims without citing any sources to back up his statements:

  • 920 employees were laid off and 14 businesses closed in the 80 days of a failed smoking ban in B.C.
  • 40 small businesses closed in the first 18 months of a smoking ban in Ottawa bars and restaurants
  • Sales are down 10 - 30% in bars and restaurants in Brandon, Manitoba since a smoking ban took effect in September, 2002.

In response, OCAT sent Erjavec an email requesting that he reveal the statistical evidence for his claims. As is discussed in the section on Economic Impact, information from financial statements and sales tax receipts are the only objective means to access economic impact. Erjavec has still not responded.

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Rod Seiling, President

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