What is the current state of the law in relation to the Tobacco Reform Act?

British Columbia, Canada


The following excerpt is from JTI-Macdonald Corp. v. AGBC, 2000 BCSC 312 (CanLII):

The course suggested is that the Act could be read down as required so it applies only to tobacco related wrongs with the requisite real and substantial connection to British Columbia; a Moran v. Pyle, supra, type of analysis.

The Attorney-General reasons that as the impugned provisions were added to an existing Act by amendment in 1998 they could be as easily removed. The basic intent of the legislature would then still be fulfilled relying on a Moran v. Pyle view of liability. This would treat the impugned provisions of the present Act as embellishments that did not change its essential character.

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