The Toronto Board of Health is hoping to get smoking banned in patios, parks and a range of other public places. The matter will soon go to City Council. Make no mistake: smoking is a dangerous, dirty source of grief, including the cause of the occasional house fire. But as in other things of which we properly disapprove, there is with tobacco possible folly — the risk of turning weak-willed nicotine addicts into law breakers. If smoking remains legal but the act of lighting up becomes effectively illegal there is no knowing where the law of unintended consequences will take us. It seems possible that smokers will be even more secretive and perhaps inspire forms of group behavior that border on the criminal. Again, reasonable rules against things we correctly dislike are welcome so long as a distorted zero-tolerance mentality does not take over. In recent decades Ontario has experienced righteous zero-tolerance against many social ills. In the case of making sure that children were not abused the system managed to convict and imprison people who were totally innocent. Yes, only a few actually over-reacted but there was great popular pressure to get convictions. Of course, the smoking context is different but we will do well to remember that it is called the rule of unexpected consequences for a reason. It might as easily be called the rule of unforeseeable consequences.
