RJR-MacDonald Inc. v. Canada (Attorney General)
Encyclopedia
RJR - MacDonald Inc. v. Canada (Attorney General), [1995] 3 S.C.R. 199 is a leading Canadian constitutional decision of the Supreme Court of Canada
where the Court upheld the federal Tobacco Products Control Act, but struck out the provisions which prevented tobacco advertising
and unattributed health warnings.
challenged the Act as being ultra vires
the federal government's criminal law power and peace, order and good government
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
.
does not necessarily invalidate it.
The majority held that the violation was not upheld under section 1 of the Charter.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
where the Court upheld the federal Tobacco Products Control Act, but struck out the provisions which prevented tobacco advertising
Tobacco advertising
Tobacco advertising is the advertising of tobacco products or use by the tobacco industry through a variety of media including sponsorship, particularly of sporting events. It is now one of the most highly regulated forms of marketing...
and unattributed health warnings.
Background
RJR MacDonald Inc. and Imperial TobaccoImperial Tobacco
Imperial Tobacco is a global tobacco company headquartered in Bristol, United Kingdom. It is the world’s fourth-largest cigarette company measured by market share , and the world's largest producer of cigars, fine-cut tobacco and tobacco papers...
challenged the Act as being ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
the federal government's criminal law power and peace, order and good government
Peace, order and good government
In many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
power, and as being in violation of the right to freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
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 these circumstances it would not be practical. Even though the subject was not one that was commonly recognized as being criminaldoes 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.