Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29973
Government of Saskatchewan v. Rothmans, Benson & Hedges Inc.
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-04-21 | Record returned to the Registrar of the Court of Appeal, Appeal & Trial courts | |
| 2005-03-22 | Appeal closed | |
| 2005-03-18 |
Written reasons rendered after oral judgment, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Saskatchewan, C.A. No. 624, dated October 3, 2003, was heard on January 19, 2005 and the Court on that day delivered the following judgment orally: The Chief Justice — We are all of the view to allow the appeal. Reasons to follow. (JUDGMENT RENDERED JANUARY 19, 2005) On this day, reasons were delivered and the judgment was restated as follows: The appeal is allowed with costs to the appellant throughout. The constitutional question is answered as follows: Is s. 6 of The Tobacco Control Act, S.S. 2001, c. T-14.1, constitutionally inoperative under the doctrine of federal legislative paramountcy, having regard to s. 30 of the Tobacco Act, S.C. 1997, c. 13? Answer: No. Allowed, with costs |
|
| 2005-02-02 | Transcript received, (32 pages) | |
| 2005-01-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-01-19 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 624, 2003 SKCA 93, dated October 3, 2003, was heard this day and the following judgment was rendered: The Chief Justice (orally) – We are all of the view to allow the appeal. Reasons to follow. Judgment dated March 18, sent. Allowed |
|
| 2005-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2005-01-19 | Respondent's condensed book, Submitted in Court (14 copies) | Rothmans, Benson & Hedges Inc. |
| 2005-01-19 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-01-19 |
Hearing of the appeal, 2005-01-19, CJ Ma Ba Bi LeB De F Abe Cha Judgment rendered |
|
| 2005-01-17 | Notice of appearance, R. Richard M. Butler will appear for AGBC | Attorney General of British Columbia |
| 2005-01-14 | Notice of appearance, Edward Burrow will also be present at hearing. | Attorney General of Ontario |
| 2005-01-12 | Book of authorities, (supplemental)(sent to the judges on Jan. 13, 2005), Completed on: 2005-01-12 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2005-01-11 | Notice of appearance, Robin K. Basu and Mark Crow will be present at hearing. | Attorney General of Ontario |
| 2005-01-06 | Notice of appearance, Ron A. Skolrood and Clifford G. Proudfoot will be present at hearing. | Western Convenience Stores Association ("WCSA") |
| 2005-01-05 | Order on motion to extend time | |
| 2005-01-05 | Order on motion to extend time | |
| 2005-01-05 |
Decision on motion to extend time, to serve and file the intervener, A.G.Cda, factum and book of authoriites to Nov. 30/04 and to present 15 minutes of oral argument , Ma Granted |
|
| 2005-01-05 |
Decision on motion to extend time, to serve and file the intervener, A.G.B.C., factum and book of authorities to Dec. 2/04 and to present 15 minutes of oral argument, Ma Granted |
|
| 2005-01-05 | Submission of motion to extend time, Ma | |
| 2005-01-05 | Notice of appearance, Julie Desrosiers and Robert Cunningham will be present at the hearing. | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2005-01-05 | Response to motion to extend time, e-mail from Burke-Robertson dated Jan. 5/05, Completed on: 2005-01-05 | Government of Saskatchewan |
| 2004-12-23 | Book of authorities, Completed on: 2005-01-19 | Attorney General of Quebec |
| 2004-12-23 | Intervener's factum - AG on constitutional question, Completed on: 2005-01-19 | Attorney General of Quebec |
| 2004-12-23 | Reply to motion to extend time, re: A.G. B.C.'s motion, Completed on: 2004-12-23 | Attorney General of British Columbia |
| 2004-12-23 | Correspondence received from, Henry S. Brown, Q.C. dated Dec. 22/04 re: withdraws the position on A.G.B.C. advanced in its letter dated Nov. 23/04 | Rothmans, Benson & Hedges Inc. |
| 2004-12-22 | Reply factum on appeal, (See order of October 20/04), Completed on: 2004-12-22 | Rothmans, Benson & Hedges Inc. |
| 2004-12-22 | Response to motion to extend time, (by A.G. Canada), Completed on: 2004-12-22 | Rothmans, Benson & Hedges Inc. |
| 2004-12-21 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Dec. 21/04 (by A.G.B.C.), Completed on: 2004-12-21 | Rothmans, Benson & Hedges Inc. |
| 2004-12-17 |
Order by, De, UPON APPLICATIONS by the Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association, Heart and Stroke Foundation of Canada and the Western Convenience Stores Association, for leave to intervene in the above appeal and pursuant to the order of October 20, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are denied permission to present oral argument at the hearing of the appeal. Dismissed |
|
| 2004-12-16 | Notice of appearance, Will not be represented in Court and will rely on written submissions only. | Attorney General of Prince Edward Island |
| 2004-12-15 | Book of authorities, (3 volumes), Completed on: 2004-12-15 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2004-12-15 | Intervener's factum, Completed on: 2004-12-15 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2004-12-14 | Book of authorities, Incomplete | Western Convenience Stores Association ("WCSA") |
| 2004-12-14 | Intervener's factum, Incomplete | Western Convenience Stores Association ("WCSA") |
| 2004-12-03 | Motion to extend time, to file the intervener's factum and authorities to Nov. 30/04, Completed on: 2004-12-03 | Attorney General of Canada |
| 2004-12-02 | Response to motion to extend time, (by A.G.B.C.), Completed on: 2004-12-02 | Government of Saskatchewan |
| 2004-12-02 | Book of authorities, filed on CD, Completed on: 2004-12-03 | Attorney General of British Columbia |
| 2004-12-02 | Motion to extend time, to file the factum and authorities to Dec. 2/04, Completed on: 2004-12-02 | Attorney General of British Columbia |
| 2004-12-01 | Book of authorities, Completed on: 2004-12-01 | Attorney General of Ontario |
| 2004-12-01 | Intervener's factum - AG on constitutional question, Completed on: 2004-12-01 | Attorney General of Ontario |
| 2004-12-01 | Intervener's factum - AG on constitutional question, Filed on CD, Completed on: 2004-12-02 | Attorney General of British Columbia |
| 2004-11-30 | Book of authorities, Completed on: 2004-11-30 | Attorney General of Canada |
| 2004-11-30 | Intervener's factum - AG on constitutional question, Completed on: 2004-11-30 | Attorney General of Canada |
| 2004-11-30 | Book of authorities, Completed on: 2004-11-30 | Attorney General of Prince Edward Island |
| 2004-11-30 | Intervener's factum - AG on constitutional question, Completed on: 2004-11-30 | Attorney General of Prince Edward Island |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-01-19, (previously Jan. 18/05) Judgment rendered |
|
| 2004-11-24 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 23/04 (by A.G. of B.C.), Completed on: 2004-11-24 | Rothmans, Benson & Hedges Inc. |
| 2004-11-23 | Book of authorities, Completed on: 2004-11-23 | Attorney General of Nova Scotia |
| 2004-11-23 | Intervener's factum - AG on constitutional question, Completed on: 2004-11-23 | Attorney General of Nova Scotia |
| 2004-11-22 | Book of authorities, Completed on: 2004-11-22 | Attorney General of Manitoba |
| 2004-11-22 | Intervener's factum - AG on constitutional question, Completed on: 2004-11-22 | Attorney General of Manitoba |
| 2004-11-02 | Respondent's book of authorities, Completed on: 2004-11-02 | Rothmans, Benson & Hedges Inc. |
| 2004-11-02 | Respondent's factum, Completed on: 2004-11-02 | Rothmans, Benson & Hedges Inc. |
| 2004-11-02 | Appeal perfected for hearing | |
| 2004-10-20 | Order on motion for leave to intervene | |
| 2004-10-20 |
Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicants, Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association, Heart and Stroke Foundation of Canada, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Western Convenience Stores Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. IT IS HEREBY FURTHER ORDERED THAT: The respondent is granted leave to file a 15 page reply factum within 7 days of the service of the intervener, Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association, Heart and Stroke Foundation of Canada, factum. Granted |
|
| 2004-10-20 | Submission of motion for leave to intervene, De | |
| 2004-10-19 | Reply to the motion for leave to intervene, (Letter Form), from Julie Desrosiers, Completed on: 2004-10-19 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2004-10-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2004-10-13 | Rothmans, Benson & Hedges Inc. |
| 2004-10-12 | Response to the motion for leave to intervene, e-mail from Rick Hischebett dated 10/12/04 (to Can. Cancer Society et al and to WCSA), Completed on: 2004-10-12 | Government of Saskatchewan |
| 2004-10-05 | Motion for leave to intervene, (book form), Completed on: 2004-11-30 | Western Convenience Stores Association ("WCSA") |
| 2004-10-01 | Book of authorities, 3 copies re: intervention, Completed on: 2004-10-01 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2004-10-01 | Motion for leave to intervene, book form, Completed on: 2004-10-01 | Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada |
| 2004-09-23 | Order on motion to extend time | |
| 2004-09-23 |
Decision on motion to extend time, to serve and file the appellant's book of authorities to Sept. 8/04, Reg Granted |
|
| 2004-09-22 | Submission of motion to extend time, Reg | |
| 2004-09-16 | Response to motion to extend time, (Letter Form), from Henry Brown dated Sept. 15, Completed on: 2004-09-16 | Rothmans, Benson & Hedges Inc. |
| 2004-09-14 | Motion to extend time, to file the appellant's book of authorities to 09/08/04, Completed on: 2004-09-14 | Government of Saskatchewan |
| 2004-09-09 | Trial court record, (1 small box) | |
| 2004-09-08 | Appellant's book of authorities, Completed on: 2004-09-14 | Government of Saskatchewan |
| 2004-09-08 | Appeal court record, (1 small box) | |
| 2004-09-07 | Appellant's factum, Completed on: 2004-09-07 | Government of Saskatchewan |
| 2004-09-03 | Correspondence received from, T. Irvine dated Aug. 30/04 re: enclosing copies of letters sent to lower courts requesting to send court files to S.C.C. | Government of Saskatchewan |
| 2004-08-31 | Appellant's record, Completed on: 2004-08-31 | Government of Saskatchewan |
| 2004-08-11 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2004-07-14 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-07-13 | Notice of intervention respecting a constitutional question | Attorney General of Prince Edward Island |
| 2004-07-06 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2004-07-06 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2004-07-02 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2004-06-24 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2004-06-16 | Notice of constitutional question(s) | Government of Saskatchewan |
| 2004-06-14 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-06-14 |
Decision on the motion to state a constitutional question, CJ, Is s. 6 of The Tobacco Control Act, S.S. 2001, c. T-14.1, constitutionally inoperative under the doctrine of federal legislative paramountcy, having regard to s. 30 of the Tobacco Act, S.C. 1997, c. 13? L'article 6 de la loi intitulée The Tobacco Control Act, S.S. 2001, ch. T-14.1, est-il constitutionnellement inopérant par application de la doctrine de la prépondérance législative fédérale, vu l'existence de l'art. 30 de la Loi sur le Tabac, L.C. 1997, ch. 13 ? Granted |
|
| 2004-06-07 | Submission of motion to state a constitutional question, CJ | |
| 2004-05-25 | Correspondence received from, H. Brown (Gowlings) re: sur-reply to the constitutional question (motion requested) | Rothmans, Benson & Hedges Inc. |
| 2004-05-19 | Reply to the motion to state a constitutional question, (Letter Form), from Thomson Irvine dated 05/18/04, Completed on: 2004-05-19 | Government of Saskatchewan |
| 2004-05-07 | Response to the motion to state a constitutional question, (Letter Form), from Henry S. Brown, Q.C. dated 05/05/04, Completed on: 2004-05-07 | Rothmans, Benson & Hedges Inc. |
| 2004-04-26 | Motion to state a constitutional question, Completed on: 2004-04-26 | Government of Saskatchewan |
| 2004-04-26 | Notice of appeal, Completed on: 2004-04-26 | Government of Saskatchewan |
| 2004-04-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-03-26 | Judgment on leave sent to the parties | |
| 2004-03-25 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed with costs. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number C.A. No. 624, dated October 3, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2004-03-25 |
Decision on the motion for a stay of execution, The motion for a stay of execution is dismissed with costs. Dismissed, with costs |
|
| 2004-01-19 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2004-01-19 | Submission of motion for a stay of execution, Ia Bi Arb | |
| 2004-01-09 | Applicant's reply to respondent's argument, Completed on: 2004-01-09 | Government of Saskatchewan |
| 2003-12-29 | Respondent's response on the application for leave to appeal, Completed on: 2003-12-29 | Rothmans, Benson & Hedges Inc. |
| 2003-12-17 | Order on motion to expedite the application for leave, (BY IACOBUCCI J.) | |
| 2003-12-17 |
Decision on motion to expedite the application for leave to appeal, Ia Dismissed, no order as to costs |
|
| 2003-12-16 | Submission of motion to expedite the application for leave to appeal, Ia | |
| 2003-12-10 | Reply to motion to expedite the application for leave to appeal, book form, Completed on: 2003-12-10 | Government of Saskatchewan |
| 2003-12-05 | Response to the motion to expedite the application for leave to appeal, book form, Completed on: 2003-12-08 | Rothmans, Benson & Hedges Inc. |
| 2003-12-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-12-02 | Book of authorities | Government of Saskatchewan |
| 2003-12-01 | Motion to expedite the application for leave to appeal, (6 copies - book form), Completed on: 2003-12-01 | Government of Saskatchewan |
| 2003-12-01 | Application for leave to appeal, Completed on: 2003-12-05 | Government of Saskatchewan |
| 2003-11-24 | Order issued on motion for a stay of execution, (BY IACOBUCCI J.) | |
| 2003-11-24 |
Decision on the motion for a stay of execution, The motion for a stay of proceedings is referred to the panel which will be seized of the application for leave to appeal, without prejudice to the applicant to file a motion to expedite the application for leave to appeal. Referred |
|
| 2003-11-24 | Submission of motion for a stay of execution, Ia | |
| 2003-11-20 | Reply to motion for a stay of execution, book form, Completed on: 2003-11-20 | Government of Saskatchewan |
| 2003-11-14 | Response to the motion for a stay of execution, (book form), Completed on: 2003-11-14 | Rothmans, Benson & Hedges Inc. |
| 2003-11-07 | Motion for a stay of execution, book form, Completed on: 2003-11-07 | Government of Saskatchewan |
| 2003-10-07 | Notice of application for leave to appeal, (Affidavit of service of Mr. Irvine rec'd Dec. 1/03) | Government of Saskatchewan |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Government of Saskatchewan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rothmans, Benson & Hedges Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Nova Scotia | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Prince Edward Island | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada | Intervener | Active |
| Western Convenience Stores Association ("WCSA") | Intervener | Active |
Counsel
Party: Government of Saskatchewan
Counsel
Richard Hischebett
Doug Moen, Q.C.
Thomson Irvine
Alan Jacobson
1874 Scarth St., 9th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8953
FAX: (306) 787-0581
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Rothmans, Benson & Hedges Inc.
Counsel
Michele Ouellette
Steven Sofer
Marshall Reinhart
200 - 374, 3rd ave S
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 653-2000
FAX: (306) 244-7335
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
David Schermbrucker
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
R. Richard M. Butler
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Manitoba
Counsel
1205 - 405 Broadway
Winnipeg
Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: cdevine@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Nova Scotia
Counsel
P. O. Box 7
400 - 5151 Terminal Road
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: goresea@gov.ns.ca
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Attorney General of Ontario
Counsel
Mark Crow
Edward Burrow
Constitutional Law Branch
720 Bay Street - 4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4476
FAX: (416) 326-4015
Email: robin.basu@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Prince Edward Island
Counsel
4th Floor, Shaw Building
95 Rochford Street, P.O. Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Telephone: (902) 368-5486
FAX: (902) 368-4563
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Quebec
Counsel
Hugo Jean
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: bbussieres@justice.gouv.gc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Canadian Cancer Society, Canadian Lung Association, Canadian Medical Association and Heart and Stroke Foundation of Canada
Counsel
Robert Cunningham
The Stock Exchange Tower, Suite 3400, Victoria Square
C.P. 242, Succ. Tour D/L Bourse
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: jdesrosiers@mtl.fasken.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Western Convenience Stores Association ("WCSA")
Counsel
Clifford G. Proudfoot
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: rskolrood@lawsonlundell.com
Agent
1700 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2001, the Legislature of Saskatchewan enacted The Tobacco Control Act, S.S. 2001, c. T-14.1 to regulate the retail sale and display of tobacco. The Act was proclaimed in force on March 11, 2002. Subsection 6(1) of the Act prohibits the advertising or promotion of tobacco or tobacco-related products in premises where young persons under the age of 18 years are permitted access. Subsection 6(2) prohibits the display of tobacco or tobacco-related products in windows of places they are sold if it is visible from outside of the premises. Section 6(3) prohibits the display of tobacco or tobacco-related products in premises where young persons are admitted.
The Respondent challenged the constitutional validity of section 6 of the Saskatchewan legislation on the basis that it conflicts with section 30 of the Tobacco Act, S.C. 1997, c.13 and therefore is inoperative by virtue of federal paramountcy. Section 30 is permissive, and allows a retailer to display tobacco products and accessories that display a tobacco product-related brand element.
The Respondent applied under rule 188 of the Queen's Bench Rules for a determination of the paramountcy issue as a question of law alone. Barclay J. of the Queen's Bench for Saskatchewan held that there was no operational conflict between the provincial and federal statutes. The Court of Appeal allowed the appeal, holding that there is an operational conflict between the federal and Saskatchewan legislation.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
Q.B. 945 of 2002
Respondent's application for a declaration that s. 6 of the Tobacco Control Act is inoperative, dismissed
Court of Appeal for Saskatchewan
C.A. NO. 624
Appeal allowed; s. 6 of the Act declared inoperative
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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