CanadaQuebec judge declares parts of vaping legislation invalid after challenge
Bracebridge mayor declares flood emergency
BRACEBRIDGE—A flood emergency has been declared in Bracebridge due to the continuing rising water. Property owners in adjacent low-lying areas are advised to take precautionary measures as water levels continue to rise. The town encourages residents to alert any children in their care to these dangers and supervise their activities. Mayor Graydon Smith declared the emergency under the Emergency Management and Civil Protection Act, according to a Tuesday news release just before 6 p.m. The Town of Bracebridge is being advised by the Ministry of Natural Resources and Forestry of rising water levels on lakes and rivers.
MONTREAL — Quebec is within its rights to legislate on vaping, but a provision banning demonstrations of vaping products inside shops or specialized clinics goes too far, a Quebec judge has ruled.
In a judgment released Friday, the court also invalidated another section of the provincial law prohibiting the advertising of vaping products to smokers seeking to kick their habit.
A legal challenge was brought by an association representing Quebec vape shops and the Canadian Vaping Association.
They argued that parts of the Tobacco Control Act adopted by the Quebec government in 2015 violated their fundamental rights, notably freedom of expression.
Montreal declares emergency as spring flooding risk across Quebec continues to rise
As a steady rain moved into Quebec Friday, Montreal declared a state of emergency and authorities closely monitored a dam and a dike that were placing residents at risk to the west of the city.
Justice Daniel Dumais has suspended his ruling for six months to allow lawmakers to rewrite the problematic sections of the province's tobacco law to make them valid.
The Quebec association had also argued the province had overstepped its legislative authority by including vaping products.
However, Dumais, who heard arguments province's Superior Court over 10 days last December, ruled Quebec had a right to legislate on the issue.
"Overall, the law is constitutional," Dumais wrote in a lengthy decision dated Friday. "Quebec has jurisdiction to legislate as it has done. The Quebec legislature has jurisdiction and could validly pass the contested laws."
The wide-ranging law was designed in part to put the popular e-cigarette on the same footing as other tobacco products and anti-tobacco groups argued that e-cigarettes needed to be subjected to regulations to prevent youth from using it.
Renfrew County, west of Ottawa, declares state of emergency as rivers flood communities
Ottawa River levels along the County of Renfrew are currently higher than the historic peak levels seen during the 2017 floods. As of 1:30pm today, Warden @MayorJennMurphy "Today I have declared a state of emergency for Renfrew County, with the focus on supporting the local municipalities that are being directly impacted by the flooding here in the county."#RenfrewCountyStrong pic.twitter.
But the judge agreed to strike down two sections of the law that prohibited the demonstration of vaping products inside speciality shops and smoking cessation clinics.
The Canadian association had argued those sections of the law violated the right to integrity and personal security as well as freedom of expression. The judge also struck down sections of the law that prevent vaping from being advertised to smokers who aim to stop smoking, ruling it violates freedom of expression.
The judge wrote that while the provisions take into account the well being of non-smokers, it seemed to forget the rest of the population — including those smokers who are looking to quit.
"The problem with the current restrictions is that the public — particularly smokers — do not distinguish between smoking and vaping," the judge wrote. "They must be permitted to know the difference. Rather than silence, it is sometimes necessary to educate and let people know that vaping exists first and foremost for smokers."
The Canadian Press
Exposure to toxic coral in home aquarium puts Quebec woman in hospital.
A woman from Quebec’s Portneuf region is warning aquarium owners to be prudent when handling corals, after being poisoned while she was cleaning out her tank.