Given the absurdity of your analogy, I would not even entertain the idea in my reply to you because you are using someone's natural trait that they are born with and that they are unable to change. Smoking, you can change. Voluntarily. People can also see doctors for their addictions. You cannot see a doctor to change your racial background. So the fact that you are expecting one to even entertain the idea of someone's race is on the same plane as someone's decision to start smoking and continue to smoke is, like I said, absurd.
If you read the article, you would see why Ontario's highest court did not find smoking a disability under section 15 of the Charter. This section states, "Every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." Frankly, I agree with the judges in the particular case cited in the article: they do not want to trivialize the term disability. I can appreciate their logic behind their reasoning. I can also see that if this addiction were to be accommodated on the ground of disability then this opens the door for accommodating other kinds of addictions. Yes addictions are a sad state. However, there are many other debilitating reasons to engage section 15.
So, I've entertained your absurd analogy... just for argument's sake. :wink: