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Home Canadian Vaping Law: Overview and Constitutional Issues

Canadian Vaping Law: Overview and Constitutional Issues


This is a report on the legal and constitutional aspects of the regulation of vaping in Canada. This report was published in February 2020 by the Canadian Constitution Foundation and it is written by Dr. Leonid Sirota, Senior Lecturer of Auckland University of Technology's Law School. This follows a 2017 report on this same topic.

The report's aims are:

To summarize the laws and regulations, currently in force or available in draft form, applicable to vaping (collectively, “the vaping legislation”)

To assess the effect of the vaping legislation on harm reduction

To outline possible avenues of constitutional challenge to the vaping legislation

To review the decision of the Superior Court of Québec in Association québécoise des vapoteries c Procureure générale du Québec 1 (“AQV”) which provides a first judicial assessment of the constitutionality of the regulation of vaping by a province.

Read the full Press Release

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