[Intl-tobacco] Canada: Tobacco Manufacturers Appeal Court Ruling On Bill C-71

[Robert Weissman]

Tobacco Manufacturers Appeal Court Ruling On Bill C-71 - CNW

 Friday, January 10, 2003

 MONTREAL, Jan. 10 /CNW Telbec/ - Canada's three principal tobacco
 manufacturers today filed an appeal of the decision rendered late last
year in
 the constitutional challenge of the federal "Tobacco Act" (Bill C- 71). Th=
e
 manufacturers argue that the decision failed to address several legal issu=
es
 that are essential to the case.
 According to the appeal documents filed by Imperial Tobacco Canada
 Limited, Rothmans, Benson & Hedges Inc. and JTI-Macdonald Corp., the Quebe=
c
 Superior Court decision failed to adjudicate on the constitutional
issues. As
 well, these documents indicate that the written decision includes numerous
 factual errors, many of which were crucial to the principal issues being
 challenged, and others which were extraneous to the issues before the cour=
t
 but which needlessly colour the debate.
 "When all of this is taken together, we believe that we have, with
 respect, strong grounds to have the judgement reversed," said Don McCarty,
 Vice-President, Law, Imperial Tobacco Canada and spokesperson for the thre=
e
 tobacco manufacturers.
 During the hearing, which began in January, 2002, the three manufacturers
 argued in court that sections of the "Act" violate the Canadian Charter of
 Rights' guarantee of freedom of expression by effectively banning all
 advertising and other promotional activities. While agreeing that the
 protection of public health called for certain restrictions on advertising=
,
 the manufacturers argued that the restrictions of the "Tobacco Act" went
 further than were necessary.
 This argument is consistent with the 1995 Supreme Court of Canada ruling
 that a total ban on tobacco advertising is not justified. The majority
of the
 Supreme Court considered that restrictions should not limit advertising th=
at
 provides information about brands; provides consumers with a means of lear=
ning
 about product availability to suit their preferences; or allows
consumers to
 compare brand content.

 -30-

 For further information: Christina Don=E0, Manager, Media Relations,
 Imperial Tobacco Canada, (514) 932-6161, ext.2474, Cell:
 (514) 704-8717, cdona@itl.ca ; John McDonald, Director Public Affairs,
 Rothmans, Benson & Hedges Inc., (416) 442-3660, jmcdonald@rbhinc.ca ;
John
 Wildgust, Head Corporate Affairs, JTI-Macdonald Corp., (416) 601-7011,
 john.wildgust@jt-int.com ; David Laundy, Vice President, Western
Canada,
 Canadian Tobacco Manufacturers Council, (250) 413-3242

 http://www.newswire.ca/[...]ry2003/10/c9005.html
 Les fabricants de tabac portent en appel la d=E9cision du tribunal sur la
loi C-71 - CNW
 http://www.newswire.ca/[...]ry2003/10/c9006.html