Section 2 of the Canadian Charter of Rights and Freedoms is the section that lists the fundamental freedoms that belong to everyone in Canada. Anyone in Canada, whether Canadian or not, whether a natural or legal person. These freedoms protect against actions, among others, of the government. Where am I going with this?
I own an electronic cigarette store. Recently, the amendments to law 44, tobacco law, were unanimously adopted by the National Assembly. This law included the electronic cigarette. We need to comply with this law whether we like it or not. Our products should no longer be seen from outside the store. We don't have to sell to under 18s, okay, we were already doing that. No more online sales. People who live in the regions and who do not have access to a store will still order online, but in another province or in another country. So, money that will not go into our economy, but into Ontario or the United States. No advertising. Really flat and tough for business, but we gave in. In fact, we have abided by all the rules.
But not only are we forbidden to advertise, we are even told what advertising is. We no longer have the right to relay information, that is to say no sharing of newspaper articles on the subject of electronic cigarettes, no sharing of studies about electronic cigarettes on our website. professional page, and even worse: on our personal pages either!
The Charter not only guarantees freedom of expression, it also guarantees freedom of commercial expression. The Supreme Court ruled that communications for the purpose of prostitution are protected as a commercial expression, but I do not even have the right, on my personal Facebook page, to share articles or studies because it would be , according to the government, publicity!
I have none, but then there is no problem respecting the law. I am not a rebel, I live very well with the frameworks and the regulations. But where it does not work anymore, is when my personal freedom is attacked! I frosted my windows and doors. I removed the testers (even though I know for a fact that it is to cheat the customers as well as the future potential customers), I put all my products out of the reach of my customers. I always ask for everyone's cards if they don't have white hair or wrinkles (you can never be too careful!). I no longer sell small parts for less than $ 10 even though I know that, again, customers are being cheated. I closed my dearly paid transactional website, stopped my advertisements and my partnerships with community radio (that too, paid!), I removed from my Facebook business page all illegal content such as articles from La Presse, Duty or Radio-Canada, removed any suspicious image such as photos of my business, but never, ever, will I censor my personal Facebook page! It is a right protected by the Canadian Charter of Rights and Freedoms!
There is a lawyer in the room?
Valérie Gallant, owner of Vape Classique, Quebec
Source : lapresse.ca
