An NDP smoking ban in public buildings in Manitoba appears to be going unheeded by some government staff members who have been spotted puffing away in the legislative building.

Earlier this week, three people were spotted hanging out the windows of the NDP's caucus office, smoking.

One of the smokers declined an interview and no one from the government returned CBC's call for a response. 

The CBC tried to get a comment from Michael Balagus, Premier Gary Doer's chief of staff, as he enjoyed a cigarette outside the legislative building. He too declined.

But Progressive Conservative health critic Myrna Driedger accused the government of hypocrisy.

"It is hypocrisy when you bring in legislation supposedly to protect the health of others, and then you basically flaunt that legislation and flaunt the rules," Driedger said.

"If they're going to bring in legislation, they're going to build fines into legislation, they're going to expect all of the bars throughout Manitoba — you know, Winnipeg and rural Manitoba — to uphold the rules and fine them heavily if they disobey the rules …why don't they apply those rules to themselves?"

Staff actions 'outrageous'

Gary Desrosiers, who runs the Brunkild Bar and Grill, said the actions of government staffers are "outrageous."

Desrosiers and the Manitoba Association of Rural Hotel Owners are still fighting the province's smoking ban in court.

"I really think it's outrageous. I mean our lawmakers bring in these laws that cost private businesses thousands and thousands of dollars — and I mean not just businesses but small fragile businesses ... and then they flagrantly disregard the law in their own circumstances," he said.

"For these guys to sit there and callously cast these votes without a regard — being smokers themselves and knowing how difficult this is going to be for businesses like mine — and then to turn around and disregard the law themselves, that smacks of the highest form of hypocrisy."