A section of the Saskatchewan Tobacco Control Act prohibits advertising, promoting and sponsoring any tobacco products where minors are allowed to enter while a section of the Federal Tobacco Act permits tobacco retailers to display and post signs of the products. The Saskatchewan government appealed for the validity of their law, which was denied by the Court of Appeals. The Supreme Court held that the two Acts were consistent and the Saskatchewan law was operative because of the paramountcy principle and there was no conflict between the two laws.
Rothmans v. Saskatchewan, [2005] 1 S.C.R. 188, Supreme Court of Canada (2005).
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
The subject matter of the case should be dealt with at a state level or national level.
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.
"Read in the context of the Tobacco Act as a whole, it is clear that the purpose and effect of s. 30 is to define with greater precision the prohibition on the promotion of tobacco products contained in s. 19. Specifically, it serves to exclude from the wide net of s. 19 promotion by way of retail display. In this way, it is like ss. 22(2), 26(1) and 28(1) of the Tobacco Act, which also exclude from the s. 19 prohibition certain types of tobacco product promotion that it might otherwise capture. This demarcation of the s. 19 prohibition represents a measured approach to protecting “young persons and others from inducements to use tobacco products”, one of the purposes of the Tobacco Act set out in s. 4."
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.
A section of the Saskatchewan Tobacco Control Act prohibits advertising, promoting and sponsoring any tobacco products where minors are allowed to enter while a section of the Federal Tobacco Act permits tobacco retailers to display and post signs of the products. The Saskatchewan government appealed for the validity of their law, which was denied by the Court of Appeals. The Supreme Court held that the two Acts were consistent and the Saskatchewan law was operative because of the paramountcy principle and there was no conflict between the two laws.