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.

R. v. Mader's Tobacco Store Ltd., 2010 NSPC 52 (2010).

  • Canada
  • Aug 18, 2010
  • Provincial Court of Nova Scotia

Parties

Plaintiff Her Majesty The Queen

Defendant

  • Mader's Tobacco Store Limited
  • Robert Geoge N. Gee

Legislation Cited

Tobacco Access Regulations

Candian Charter of Rights and Freedoms, section 2b

Nova Scotia Tobacco Access Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Thus the manner in which the legislation deals with the issue of storing tobacco is similar to its prohibition on display of tobacco. The tobacco must be stored so that it is not visible to people inside or outside the store except in very limited circumstances. When one thinks of storage of products, it is difficult to imagine that the act of storing anything could ever be capable of coming within the confines of “expressive activity”. This is especially so when one considers “storing” in its ordinary meaning– putting away for future use or not putting on display. In this case, however, the legislation is drafted in such a way that vendors are prohibited from displaying any and all of their tobacco products, including those that are stored. They are prohibited from displaying tobacco products that are available for immediate sale; they are prohibited from displaying tobacco products that will be ready for sale at a later time.] Whether one describes it as displaying for sale or displaying while stored, the activity the Defendants wish to engage in is activity with an expressive content, that is displaying products which they wish to sell. The restrictions on storage of tobacco and tobacco products serve to ensure any in-store display of tobacco products is prohibited except in specific circumstances set out in the Regulations. The legislation is clear–tobacco and tobacco products are not to be displayed. Thus, when one considers the act of “storage” in the context of this legislation, the “storing” of tobacco products is an “expressive activity” so as to come within the ambit of freedom of expression."