Little surprise in Canada before starting this first weekend of May! If the Superior Court has just confirmed the right of the Quebec government to legislate on vaping, it also declares inoperative certain sections of the law that prohibit the demonstration of vaping products inside shops and specialized clinics.
In its decision, which has just been made public, the Superior Court also declares inoperative other sections of the law that prohibit the advertising of vaping intended for smokers who want to quit.
These are theQuebec association of vapoteries and Canadian Vape Association who challenged the new provisions of the Tobacco Control Act as violating fundamental rights, including freedom of expression.
The Quebec association had argued that the Quebec government had exceeded its powers and usurped those of the federal government. But the judge Daniel Dumais, of the Superior Court, rather confirmed the jurisdiction of Quebec in this matter. " Overall, the law is considered constitutional. Quebec has jurisdiction to legislate as it has done. The Quebec Parliament has jurisdiction and could validly adopt the impugned 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. It's 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.
Then the judge struck down sections of the law that prevent smokers from advertising smoking cessation. He emphasizes that the contested provisions on advertising take into account the well-being of non-smokers, but seem to abandon a large segment of the population, that is, regular smokers Who might want to quit.
« The problem with the current restrictions is that the public, especially the smokers, do not distinguish between smoking and vaping. We must allow to publish the difference. Rather than shut up, it is sometimes necessary to educate and let know that vaping exists above all for smokers The judge wrote in his decision.
The judge wondered whether he should rewrite the provisions that he declared ineffective, but preferred to refrain " all the more so since there seem to be alternatives that would make constitutional provisions, in light of what is done elsewhere (in other Canadian provinces for example) ».
If the actors of the vape in Canada can today be congratulated, it is important to specify that the Superior Court suspended however for six months the effect of its declarations of invalidity of the articles of law, in order to allow the authorities of rewrite these provisions to make them valid.
source : Lapresse.ca/