Tobacco Industry Seeks to Invalidate Federal Restrictions on Tobacco Advertising and Promotion, and Regulations Requiring Warnings on Cigarette Packages

Beginning Monday, November 29, 10 a.m. ET, the Quebec Court of Appeal will hear arguments regarding the constitutional validity of federal restrictions on tobacco advertising and promotion, and the requirement for picture-based health warnings on cigarette packages. In this case, the tobacco industry is appealing the December 13, 2002 Quebec Superior Court judgement of Justice André Denis which fully upheld the validity of the provisions in the federal Tobacco Act and regulations under the Act.

Canada’s biggest tobacco manufacturers – JTI-Macdonald Corp., Rothmans, Benson & Hedges Inc., and Imperial Tobacco Canada Ltd. – contend that the highly successful picture-based health warnings on cigarette packages and the tobacco advertising restrictions violate their constitutional right to freedom of expression. The Attorney General of Canada, representing the Federal Government, and the Canadian Cancer Society, which has intervener status, are defending the validity of the federal laws. The Government and the Canadian Cancer Society are of the view that the Quebec Superior Court was correct in dismissing the claims of the tobacco manufacturers.

The Canadian Cancer Society considers the federal Tobacco Act crucial to Canada’s tobacco control strategy. The Society had intervener status in the 2002 Quebec Superior Court case and continues in this role in the appeal.

The case will be heard by a panel of three justices: The Honourable Justice Marc Beauregard; The Honourable Justice André Brossard; and the Honourable Justice Pierrette Rayle. The appeal hearing will last for five days, through to Friday December 3.

The name of the case is JTI-Macdonald Corp., Rothmans, Benson Hedges Inc. and Imperial Tobacco Canada Limited v. Attorney General of Canada and Canadian Cancer Society.

The address of the courthouse where the appeal case will be heard is:

Quebec Court of Appeal

100 Notre-Dame Est (Louis H. Lafontaine Room)

Montreal, Quebec

Read a summary of the Society’s written argument

Read the Canadian Cancer Society's full written argument (French only)

The Canadian Cancer Society is a national community-based organization of volunteers whose mission is to eradicate cancer and to enhance the quality of life of people living with cancer. When you want to know more about cancer, visit our website www.cancer.ca or call our toll-free, bilingual Cancer Information Service at 1 888 939-3333.

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For more information, please contact:

Rob Cunningham

Senior Policy Analyst

Canadian Cancer Society

Phone: (613) 565-2522 x305

Joëlle Dorais

Senior Communications Officer

Quebec Division

Phone: (514) 255-5151 x2403

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