News release

Tobacco Legislation in Effect Despite Court Decision

Health Promotion and Protection (March 2006 - Jan. 2011)

Despite a court decision made today, Aug. 18, involving Maders Tobacco Shop in Kentville, provincial tobacco legislation is still in effect.

Maders Tobacco Shop was charged in July 2009 for failure to comply with the storage and display requirements of the Tobacco Access Act. The vendor contested the charge under section 2(b)of the Charter of Rights and Freedoms, freedom of expression.

The provincial court decision supports the vendor's claim that the Tobacco Access Act infringed on his right to freedom of expression and his ability to communicate with customers.

"The most important thing is that this legislation is still valid and will continue to protect the health and safety of young people, non-smokers and tobacco users looking to stop," said acting Minister of Health Promotion and Protection Graham Steele. "We have a strong argument demonstrating the importance of this legislation. It's a key piece of our work to reduce smoking rates and improve the health of Nova Scotians."

The court case is ongoing. Now that a decision has been reached, the province has an opportunity to present arguments on Section 1 of the Charter of Rights and Freedoms to demonstrate that an infringement on freedom of expression is necessary for the public good. The next court date is Oct. 6, 2010, when a date will be set for the province to present arguments on Section 1.

The Tobacco Access Act prohibits vendors from advertising and prominently displaying tobacco products behind store counters.

"Today's outcome doesn't change anything for tobacco vendors," said Steve Machat, manager of tobacco control, Department of Health Promotion and Protection. "It's important to point out that all other vendors are complying with the legislation. Maders Tobacco Shop has been the only vendor charged to date."

Tobacco inspectors will continue to monitor vendor compliance with the legislation and take action if needed.

Tobacco use is a major contributor to premature death, disability and healthcare costs, with an estimated impact of $550-million annually on the Nova Scotia economy. More than 1,700 Nova Scotians die each year because of tobacco use.

Since 2001, Nova Scotia's smoking rates have dropped from 30 per cent to 20 per cent. Smoking rates for youth, once the highest in Canada, are now at an all-time low of 13 per cent.