Boucher, et al. v. Attorney General of Canada
Boucher, et al. v. Attorney General of Canada, 2007 FC 893, Federal Court (2007).
- Sep 7, 2007
- Federal Court
- François Boucher
- Pierre-Paul Dandurand
Defendant Attorney General of Canada
Correctional Service of Canada, Commissioner's Directive No. 259, Exposure to Second-hand Smoke Non-smokers' Health Act (NSHA) (as amended)
Corrections and Conditional Release Act
Type of Litigation
Challenge to Government Policies Relating to Tobacco Control/Public Health
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.
Tobacco Control Topics
Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Right to Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
The directive published by Corrective Services of Canada (CSC) banned smoking within cells and private family visiting facilities in federal prisons. Prisoners challenged the validity of the directive. The Court upheld the directive, reasoning that the commissioners of CSC have the authority to regulate and the directive is consistent with the Non-Smoking Health Act.