Jeffery Carl MCNALLY Charged for Smoking in Playground and Drug Possession

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THUNDER BAY – NEWS – A Thunder Bay Police Service officer with the Primary Response Unit was on general patrol in the area of Wilson Park at about 9:25 am on Monday, September 19, 2022, when the officer observed two people smoking at a children’s playground.

Children’s playgrounds are smoke free areas under the Smoke-Free Ontario Act.

The officer approached the smokers, and learned that one of the men was wanted on outstanding warrants.

The male accused was placed under arrest without further incident.

During the arrest the officer located a quantity of suspected crack cocaine and suspected fentanyl.

He was transported to the TBPS headquarters at 1200 Balmoral Street.

Jeffrey Carl MCNALLY, 35, of Thunder Bay, is charged with:

  • Possession of Cocaine
  • Possession of Fentanyl
  • Failure to Comply with a Probation Order

MCNALLY appeared in bail court on Tuesday, September 20, 2022 and was remanded into custody with a future appearance date.

Prohibitions re Smoking, Use, Etc.

Prohibitions

12 (1) Subject to any exceptions that may be provided for in the regulations, no person shall do any of the following in a place mentioned in subsection (2):

1.  Smoke or hold lighted tobacco.

2.  Smoke or hold lighted cannabis.

3.  Use an electronic cigarette.

4.  Consume a prescribed product or substance, in a prescribed manner. 2017, c. 26, Sched. 3, s. 12 (1); 2018, c. 12, Sched. 4, s. 4.

Prohibited places

(2) The following are the places for the purposes of subsection (1):

1.  An enclosed public place.

2.  An enclosed workplace.

3.  A school within the meaning of the Education Act.

4.  A building or the grounds surrounding the building of a private school within the meaning of the Education Act, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises.

5.  Any indoor common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.

6.  A child care centre within the meaning of the Child Care and Early Years Act, 2014.

7.  A place where home child care is provided within the meaning of the Child Care and Early Years Act, 2014, whether or not children are present.

8.  A place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, 2014.

9.  The reserved seating area of a sports arena or entertainment venue.

10.  A prescribed place or area, or a place or area that belongs to a prescribed class.

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