Boucher, et al. v. Attorney General of Canada

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).

  • Canada
  • Sep 7, 2007
  • Federal Court
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Parties

Plaintiff

  • François Boucher
  • Pierre-Paul Dandurand

Defendant Attorney General of Canada

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"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."