28  June  2007

OTTAWA -

Today’s judgment by the Supreme Court of Canada upholding federal tobacco legislation is an important victory for the health of Canadians, says the Canadian Cancer Society, which had intervener status in the case.

The Supreme Court of Canada upheld the constitutional validity of federal legislation restricting tobacco advertising, banning tobacco sponsorships and requiring larger warnings on cigarette packages.

“The Supreme Court has ruled that provisions of the Tobacco Act are fully justifiable under the Canadian Charter of Rights and Freedoms,” says Rob Cunningham, lawyer and Senior Policy Analyst for the Canadian Cancer Society.   “Given the evidence available today and the changed international context, we urge federal Health Minister Tony Clement to bring forward a bill banning tobacco advertising when Parliament returns this fall.”

The Tobacco Act, adopted by Parliament in 1997, contains partial restrictions on tobacco advertising, but falls short of a total ban. As it stands now, the Act allows advertising in publications, direct mail and bars. In recent years, tobacco manufacturers have refrained from advertising because of the industry’s ongoing challenge to the constitutionality of the Tobacco Act. 

“Now that the court challenge is over, the tobacco companies could start advertising again,” says Cunningham. “We are extremely concerned about the threat to public health posed by this expected resumption of tobacco advertising.”

Current smoking prevalence among Canadians aged 15 and older has been dropping.

“In the ten years that the Tobacco Act has been in force, smoking prevalence in Canada has dropped from about 30 per cent to 18 per cent for Canadians 15 and older,” says Cunningham. “The current legislation, the absence of tobacco advertising and the larger health warnings on cigarette packages have all been factors in this decline. A total ban on tobacco advertising would help keep these rates dropping.”

The new international tobacco treaty, the World Health Organization’s Framework Convention of Tobacco Control, requires the 148 participating countries (including Canada) to ban advertising within five years (except where it is constitutionally impossible). Tobacco advertising bans have been implemented in countries such as Australia, New Zealand, United Kingdom, Ireland, France, Belgium, Finland, Sweden, Norway, Denmark, Iceland, Portugal, Italy, Poland, Singapore, Thailand, South Africaand India.

“Although Canadahas been a leader in many areas of tobacco control, when it comes to tobacco advertising we’re lagging behind other countries,” says Cunningham. “The health of Canadians depends on how quickly the federal government implements a tobacco advertising ban.”

To read the Canadian Cancer Society’s written argument filed in the Supreme Court of Canada, visit:

English

French

To read the Supreme Court of Canada judgment, visit:

English

French

Media Backgrounder - The Tobacco Act

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

Alexa Giorgi

Bilingual Communications Specialist

Canadian Cancer Society, National office

Phone:  (416) 934-5681, Cell: (416) 528-1789