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.

DOWNLOAD DOCUMENT

R. v. Mader’s Tobacco Store Ltd., 2013 NSPC 29 (2013).

  • Canada
  • May 1, 2013
  • Provincial Court of Nova Scotia

Parties

Plaintiff Her Majesty The Queen

Defendant

  • Mader's Tobacco Store Limited
  • Robert Gee

Legislation Cited

Tobacco Access Regulations

Canadian Charter of Rights and Freedoms, section 2b

Nova Scotia Tobacco Access Act

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None