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.
Boucher, et al. v. Attorney General of Canada, 2007 FC 893, Federal Court (2007).
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.
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Although the applicants retain the rights and privileges of all members of society, and although the Court is very conscious of the psychological or even physical difficulties which this new policy imposes on them, the fact remains that sections 97 and 98 of the CCRA give the Commissioner the authority to adopt standards in the form of directives for management of the CSC. That discretionary power did not appear out of nowhere. It was preceded by consultations and reasonable notice accompanied by an offer of assistance to help smokers adjust to the new Directive and cope with it when the time came. For all these reasons, the Court must dismiss their action against a measure which proves to be legal, justified and reasonable."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.