POLS 3140 Lecture Notes - Lecture 8: Tobacco Advertising, Social Policy

• School: University of Guelph
• Department: Political Science
• Course: POLS 3140
• Professor: Dave Snow

Document Summary

Lecture 8 rjr-macdonald and the politics of tobacco advertising. Purposes: protect health of canadians, protect young people, enhance public awareness. Required manufacturers to display unattributed message: unattributed does(cid:374)(cid:859)t stipulate (cid:449)ho the (cid:373)essage is (cid:272)o(cid:373)i(cid:374)g fro(cid:373) Charter-proofed legislation: i(cid:374)(cid:272)luded (cid:858)to extent reasonable in free and democratic society(cid:859: because they knew it was possible to be challenged. Two aspects challenged: a) ban on tobacco advertising, b) non-attributed health warning. 5-4 decision: strike down: mclachlin vs. la forest. La forest often takes deferential approach, something constitutes reasonable limit. Mclachlin often strikes down legislation, unreasonable violation, narrow scope for. Limits on rights are: easier to justify on parliament and the legislatures behalf the further they fall from the core values of the right, harder to justify the more they infringe the core values of the right. Russell: debates occur at periphery, not core. Central issue becomes s. 1 justification (the oakes test) Short of violence, anything that expresses meaning is covered.