Her Majesty The Queen v. Mader’s Tobacco Store Ltd.
A Nova Scotia tobacco retailer was charged with violating the province’s Tobacco Access Act, which prohibits the display of tobacco products. The store alleged that the law and regulations violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms. The court upheld the tobacco display ban, finding the law to be a minimal impairment on the store’s freedom of expression, which is justified by the highly addictive nature of tobacco and the risk of relapse if exposed to tobacco products on display. The court found the store guilty of violating the law.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
A Nova Scotia tobacco retailer was charged with violating the province’s Tobacco Access Act, which prohibits the display of tobacco products. The store alleged that the law and regulations violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms. The court upheld the tobacco display ban, finding the law to be a minimal impairment on the store’s freedom of expression, which is justified by the highly addictive nature of tobacco and the risk of relapse if exposed to tobacco products on display. The court found the store guilty of violating the law.