Canadian Charter of Rights and Freedoms: Law and Legal Analysis Report

This report analyzes the Canadian Charter of Rights and Freedoms, focusing on its implications for business and legal practices, particularly in the context of tobacco regulation. It examines the legal challenges to the Tobacco Products Control Act (TPCA), the court's decisions regarding freedom of expression, and the limitations placed on this freedom. The report highlights the key reasons why the TPCA was deemed inconsistent with the Charter, including issues related to advertising restrictions and the scope of reasonable limitations. Furthermore, the report delves into strategies for regulating business risk, including risk avoidance, reduction, transfer, and retention. It also discusses the relevant substantive laws impacting businesses, such as the Federal Tax Code, Labor Laws, and the Affordable Care Act. The importance of internal controls in managing organizational risk is also discussed, emphasizing the need for effective operational procedures, financial reporting, and legislative compliance.

Running Head : Canadian Charter of Rights and Freedoms
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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1Canadian Charter of Rights and Freedoms
The Tobacco Products Control Act was enacted in the year 1989, in Canada which
forbids the advertising of vapor products to necessitate health warnings on the packaging of
tobacco and prohibit all sorts of promotional activities. The tobacco company in Canada
challenged the constitutional validity of TPCA’s contending that it infringed on the freedom of
expression guaranteed under the Canadians Charter of Rights and Freedoms. The supreme court
in 1995 upheld the legislation and declared the disputed provisions to be illegal (McNeil, 2016).
In the decision of RJR MacDonald, the court upheld the right of expression guaranteed under the
constitution are subject to reasonable restriction. The restriction is said to be consistent if they
relate to issues that are substantial in a democratic society.
If the defense lawyer succeeds in establishing that the provisions laid down in the Smoke-
Free Ontario Act are not made in obedience with the Canadian Charter on rights and freedoms
the ground raised by the prosecution counsel is that the accused was negligent at the time of the
commission of the act. Other defenses would be it is required for prosecuting counsel to establish
fault other than the offense of negligence.
The five reasons raised by the court while upholding that law regulating the vapor
products are inconsistent with the Canadian Charter of Rights and Freedoms which encompasses
the following. Firstly, though, TPCA admits the objectives of public health that are underlined in
the legislation as substantial and pressing. It advanced that TPCA restricts freedom which is
unconstitutional. Secondly, the law failed to demarcate between lifestyle and brand preference
advertising and failure to permit tobacco companies to point out health warnings to the
government. Thirdly the legislation restricting tobacco products does not come within the ambit
of reasonable limitation which is far from the core values of freedom of expression. Fourthly, the

2Canadian Charter of Rights and Freedoms
constitution does not expand exceptional safeguards legislation regulating vapor products need to
justifiably relate to the legitimate goals of government. Fifthly, smoking is constitutional which
is expressly protected under the first amendment (Currie, 2017). The four strategies to regulate
business risk is the avoidance of risk, reduction of the occurrence of the risk, risk transfer and
risk retention. The substantive law that put the impact on business is the Federal Tax Code,
Labor Laws, The Affordable Care Act. The internal control is the procedure for assuring the
objectives of the organization's efficient and effective operation, reliance reporting on financial
and legislative compliance. The relevancy of internal control rest on it regulates the
organizational risk.

3Canadian Charter of Rights and Freedoms
References
Currie, R. J. (2017). Showing Them How It's Done: Justice Cromwell's International Law
Jurisprudence.
McNeil, C. (2016). Conformity Or Contradiction: International Health Rights in Canadian
Courts.