The government enacted new legislation prohibiting retailers from displaying tobacco products except at the moment of sale at the till. Which of the following best describes the legal basis for a business to challenge the new law?

Question

Quizplus · Accepted Answer

The business could challenge the new law on the basis of infringement of their freedom of expression, which is protected under section 2 (b) of the Canadian Charter of Rights and Freedoms. The display of tobacco products at the point of sale can be seen as a form of expression, and this law restricts that expression. Choice A is not relevant, as commercial freedom is not an absolute right and can be regulated in the public interest. Choice C is also not relevant, as the effectiveness of the law is not a legal basis for challenging it. Choice D is incorrect, as the government has the legal right to regulate the sale and display of certain products, including tobacco, in the interest of public health and safety.

The Government Enacted New Legislation Prohibiting Retailers from Displaying Tobacco