Constitutional appeals challenging federal tobacco advertising and labelling restrictions.
The Court held that Parliament had authority under the criminal law power to legislate in relation to tobacco advertising, promotion, and warning requirements aimed at protecting public health.
A majority further held that the impugned advertising ban, trademark restrictions, and unattributed package warning provisions infringed freedom of expression under s. 2(b) of the Charter and were not justified under s. 1 because the government failed to demonstrate minimal impairment.
Sections 4, 5, 6, 8, and 9 of the Act were declared of no force or effect.
