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CANADA: The Superior Court of Quebec invalidates certain articles of law on the vape!

CANADA: The Superior Court of Quebec invalidates certain articles of law on the vape!

Little surprise in Canada before starting this first weekend of May! If the Superior Court has just confirmed the right of the Government of Quebec to legislate on vaping, it also declares inoperative certain articles of the law which prohibit the demonstration of vaping products inside specialized shops and clinics.


In its decision, which has just been made public, the Superior Court also declares inoperative other sections of the law which prohibit vaping advertising intended for smokers who want to quit smoking. 

These are theQuebec association of vapoteries andCanadian Vape Association who challenged the new provisions of the Law on tobacco control, arguing that it violated fundamental rights, including freedom of expression.

The Quebec association had argued that the Quebec government had exceeded its jurisdiction and usurped those of the federal government. But the judge Daniel Dumais, of the Superior Court, instead confirmed Quebec's jurisdiction in the matter. " Overall, the law is considered constitutional. Quebec has the competence to legislate as it has done. The Parliament of Quebec has jurisdiction and could validly adopt the contested laws He writes.

However, the judge struck down two sections of the law that prohibit the demonstration and use of vaping products inside vaping shops and smoking cessation clinics. This is the Canadian association who argued that these sections of the law violated fundamental rights, such as the right to integrity and security, as well as freedom of expression.

Next, the judge struck down the sections of the law that prevent advertising directed at smokers to quit smoking. He points out that “ the contested advertising provisions take into account the well-being of non-smokers, but seem to neglect a large segment of the population, i.e. regular smokers Who might want to quit.

« The problem with the current restrictions is that the public, especially smokers, do not differentiate between smoking and vaping. We must allow the difference to be published. Rather than being silent, it is sometimes necessary to educate and make known that vaping exists above all for smokers The judge wrote in his decision.

The judge wondered if he should himself rewrite the provisions he declared inoperative, but preferred to refrain from doing so " all the more so since there seem to be alternatives which would make it possible to make the provisions constitutional, in the light of what is being done elsewhere (in other Canadian provinces for example) ».

If the vapers in Canada can congratulate themselves today, it is important to specify that the Superior Court has however suspended for six months the effect of its declarations of invalidity of the articles of law, in order to allow the authorities to rewrite these provisions to make them valid.

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About the Author

Passionate about journalism, I decided to join the editorial team of in 2017 in order to mainly deal with vape news in North America (Canada, United States).