Tobacco Forces in Canada Vow to Battle Bans : Nation’s Legislators Studying Tough Laws

The Canadian tobacco industry said it may contest laws that would phase out advertising, restrict smoking in work areas, and ensure smoke-free areas on all planes, trains, buses and ships.

Two tough bills passed the House of Commons on Tuesday and are before the Senate for consideration before becoming law.

“I don’t think I would be surprised to see a legal challenge,” said Jacques Lariviere of the Canadian Tobacco Manufacturers Council, which lobbied against the measures.

Legal action would be based on the industry contention that banning advertising of a legal product violates the free speech guarantee of the constitution’s Charter of Rights and Freedoms.

“The industry is more than prepared to live with reasonable limitations, but to go all the way to banning advertising, purportedly to reduce consumption, is going much too far,” Lariviere said. “The evidence all around the world shows that advertising bans simply do not impact overall consumption.”

He complained that the bills would not ban tobacco advertising in U.S. magazines sold in Canada.

Tobacco is a $6-billion ($4.8-billion U.S.) industry in Canada, employing 60,000 people, and one-quarter of Canadians smoke.

Step by step, however, governments at every level have tightened restrictions on smoking to discourage a habit on which 35,000 deaths a year are blamed, most from lung cancer.

The federal government has banned smoking on commercial airline flights of two hours or less, and many cities outlaw smoking in the workplace except for designated rooms.