A provincial court judge in Manitoba has upheld the province's anti-smoking law despite a court challenge that called it discriminatory.

Bar owner Robert Jenkinson had argued that the law discriminates on the basis of race because it does not apply on native reserves. Jenkinson was convicted of allowing his customers to smoke despite a province-wide ban.

Ken Pokolnik smokes a cigarette at Nick's Inn in Winnipeg prior to the smoking ban. (CP PHOTO/Winnipeg Free Press - Joe Bryksa)

Provincial Court Judge Murray Howell accepted Jenkinson's claim that the law will hurt business at his bar, located in Treherne, Man., near two First Nations reserves that still allow smoking in bars.

He said governments regularly make laws in areas such as taxation and licensing that have "profound and varying" financial effects.

"I strongly believe as a Canadian that we don't have a two-tier system," Jenkinson said.

"I think the judge made a very mechanical decision, and I think he could have based it more on an individual basis."

Prosecutor Cynthia Devine argued during the trial that the equality provisions of the Charter of Rights and Freedoms are designed to protect visible minorities and others who are disadvantaged, and not white male business owners such as Jenkinson. She contended that the law is designed to protect non-smokers, not punish smokers who are free to smoke outdoors.

Judge Howell fined Jenkinson $2,550 for 13 convictions, well below the maximum potential fines.

A group of rural Manitoba bar owners raised $30,000 for Jenkinson's defence.

The decision, unless appealed and overturned by a higher court, may be noted for cases in other provinces where challenges are raised to similar to anti-smoking laws.