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Charter of Rights and Freedoms

In 1988, the federal government introduced a legislation, Tobacco Products Control Act, created in complete and total prohibition on all advertising and promotion of tobacco products in Canada. The act also required a health warning of a specific nature to be put on tobacco packaging and prohibited the manufacturers from putting any other information on those packages. The manufacturer challenged the legislation before the Supreme Court claiming that it interfered with the manufacturer’s right to freedom of expression section 2 (b) of the Charter of Rights and Freedoms.

1) Do Supreme Court has legal right to interpret the legislated law?

2) Does law infringe the freedom of expression of the charter? Please state your reasons.

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