The respondent tobacco company sought a declaration that s. 6 of the Saskatchewan Tobacco Control Act, which bans the display of tobacco products in premises where persons under 18 are permitted, was inoperative due to the federal paramountcy doctrine.
The respondent argued it conflicted with s. 30 of the federal Tobacco Act, which allows retailers to display tobacco products.
The Supreme Court of Canada held that the provincial legislation was not inoperative.
The Court found no operational conflict, as retailers could comply with both by either not admitting minors or not displaying the products, and the provincial law did not frustrate the federal legislative purpose of addressing a national public health problem.
