Skip to main page content
U.S. flag

An official website of the United States government

Dot gov

The .gov means it’s official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

Https

The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Access keys NCBI Homepage MyNCBI Homepage Main Content Main Navigation
. 2002 Mar;92(3):360-2.
doi: 10.2105/ajph.92.3.360.

Expressive freedom and tobacco advertising: a Canadian perspective

Affiliations

Expressive freedom and tobacco advertising: a Canadian perspective

Christopher P Manfredi. Am J Public Health. 2002 Mar.

Abstract

In 1989, Canada enacted the Tobacco Products Control Act (TPCA), which prohibited tobacco advertising, required health warnings on tobacco packaging, and restricted promotional activities. Canada's tobacco companies challenged the TPCA's constitutionality, arguing that it infringed on freedom of expression. Although it seemed likely that the Canadian Supreme Court would uphold the legislation, in 1995 the court declared the impugned provisions to be unconstitutional. The decision is testimony to the constraining force of liberalism on tobacco regulation, but it is also evidence of the power of political will. While the Canadian government could have used the decision to justify withdrawing from further confrontations with powerful commercial interests, it chose instead to enact new tobacco control legislation in 1997.

PubMed Disclaimer

References

    1. [1995] 3 SCR 199.
    1. 121 SCt 2404 (2001).
    1. Cunningham R. Smoke and Mirrors: The Canadian Tobacco War. Ottawa, Ontario: International Development Research Center; 1996.
    1. Manfredi CP. Judicial Power and the Charter: Canada and the Paradox of Liberal Constitutionalism. 2nd ed. Toronto, Ontario: Oxford University Press; 2001.
    1. A-G Quebec v Irwin Toy Ltd, [1989] 1 SCR 927.

Publication types

LinkOut - more resources