R. v. Mader’s Tobacco Store Ltd., 2010 NSPC 52 Decision -NS
PROVINCIAL COURT OF NOVA SCOTIA
Citation: R. v. Mader’s Tobacco Store Ltd., 2010 NSPC 52
Citation: R. v. Mader’s Tobacco Store Ltd., 2010 NSPC 52
Date: 20100818
Docket: 2063892-95
Registry: Kentville
Between: Her Majesty the Queen v.Mader’s Tobacco Store Limited and Robert George N. Gee
Docket: 2063892-95
Registry: Kentville
Between: Her Majesty the Queen v.Mader’s Tobacco Store Limited and Robert George N. Gee
To summarize: I find that the display and storage of cigarettes is expressive activity that comes within the sphere of conduct that is protected by s. 2(b); further, the purpose of s. 9AA of the Tobacco Access Act is to restrict freedom of expression. In conclusion, I find that the Defendants have met the burden of establishing that s. 9AA of the Act and s. 3A of the companion Regulations infringe their s. 2(b) Charter right to freedom of expression.
An Annapolis Valley store owner has been found not guilty of violating the province’s Tobacco Access Act.
Bob Gee, who owns Mader’s Tabacoo Store in Kentville, was charged with breaking a law that prohibits the display of tobacco products in a retail store.
He fought the charge, saying it infringed on his right to freedom of expression. In a decision Wednesday, provincial court judge Judge Claudine MacDonald agreed with Gee and found him not guilty.
“It’s a great day for democracy,” Gee said in an interview Wednesday from his store. “I went to court for justice and I was confident our rights would stand up. And so far they have.”
The province will appeal the decision and the legislation remains in effect, said Graham Steele, the acting minister of health and health promotion.
“We have a strong argument demonstrating the importance of this legislation,” Steele said in a news release. “It’s a key piece of our work to reduce smoking rates and improve the health of Nova Scotians.”
Gee was charged in July 2009 for failure to comply with the storage and display requirements of the Tobacco Access Act. Tobacco and tobacco products are in full view on the wall behind his counter.
Originally written By: JOHN McPHEE
Staff Reporter
