Her Majesty the Queen v. Mader's Tobacco Store Ltd.
A tobacco retailer was charged with violating the Nova Scotia Tobacco Access Act, which prohibits the display of tobacco products. The retailer argued that the law violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms. The court agreed, finding that the display of tobacco products was an expressive activity and the purpose of the law was to restrict the expression of information. As a result, the law’s ban on the display of tobacco products violated the store’s right to freedom of expression.
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 tobacco retailer was charged with violating the Nova Scotia Tobacco Access Act, which prohibits the display of tobacco products. The retailer argued that the law violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms. The court agreed, finding that the display of tobacco products was an expressive activity and the purpose of the law was to restrict the expression of information. As a result, the law’s ban on the display of tobacco products violated the store’s right to freedom of expression.