Law 2101 Lecture 10: Lecture 10
14 Oct 2016
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Document Summary
1989: federal government enacts tobacco products control act. Prohibited advertisement of tobacco products and other activities to encourage their sale and regulated labelling requiring health messages. Tobacco companies challenged constitutional validity: ultra vires parliament (not federally jurisdiction as health is provincial, violates section 2(b) of the charter. 1991: quebec superior court finds act ultra vires parliament and that it contravened the charter. Unanimously held act was not ultra vires parliament (pogg) Infringed section 2(b) of the charter, but was justified under section 1: 2-1 decision with disagreement about what sections of the act were valid, courts sometimes make decisions that conflict with each other, tobacco company appeal. Jurisdiction: act infra vires criminal law power (used to address public health evils, some judges said, only some parts of the act infra vires criminal law power, so ultra vires. Section 2(b: court agreed that labelling requirements violated 2(b) Right to say nothing or right to say certain things.
