''RJR-MacDonald Inc v Canada (AG)'',

995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...

3 S.C.R. 199 is a leading Canadian constitutional decision of the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

what upheld the federal ''Tobacco Products Control Act'' but struck out the provisions that prevented

tobacco advertising Nicotine marketing is the marketing of nicotine-containing products or use. Traditionally, the tobacco industry markets cigarette smoking, but it is increasingly marketing other products, such as electronic cigarettes and heated tobacco products ...

and unattributed health warnings.

Background

RJR MacDonald Inc. and

Imperial Tobacco Imperial Brands plc (formerly Imperial Tobacco Group plc), is a British multinational tobacco company headquartered in Bristol, England. It is the world's fourth-largest international cigarette company measured by market share after Philip Mor ...

challenged the Act as being ''

ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...

'' the federal government's

criminal law power Section 91(27) of the ''Constitution Act, 1867'', also known as the criminal law power, grants the Parliament of Canada the authority to legislate on: Scope of the federal power Section 91(27) is by and large the broadest of the enumerated powe ...

and

peace, order and good government In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Pa ...

power, and as being in violation of the right to freedom of expression under section 2(b) of the

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...

Reasons of the court

The Court upheld the Act as valid under the criminal law power but found that sections 4, 8, and 9 of the Act violated freedom of expression and could not be saved under section 1 of the Charter. There were four separate opinions given.

Division of powers

The Court found the Act was not colourable. The evil that the law is addressing does not have to be approached directly, and in those circumstances, it would not be practical. Even though the subject was not one that was commonly recognized as being criminal, that does not necessarily invalidate it.

Charter issues

The majority held that the impugned sections violated the freedom of expression under section 2(b) of the ''Charter''. The right to freedom of expression includes the right to say nothing. The mandatory use of unattributed labels was a form of forced expression and so invoked section 2(b). The majority held that the violation was not upheld under section 1 of the ''Charter''.

External links

* Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases Canadian federalism case law Canadian freedom of expression case law 1995 in Canadian case law Smoking in Canada Tobacco case law R. J. Reynolds Tobacco Company Imperial Brands Medical lawsuits {{canada-law-stub

Background

Reasons of the court

Division of powers

Charter issues

See also

External links