Is a restriction on the sale of tobacco products for a prescribed period of time after two convictions of selling tobacco products to minors disproportionate?
Ontario, Canada
The following excerpt is from 1251553 Ontario Inc. v. Minister of Health, 2014 ONSC 4789 (CanLII):
The Applicant urges the court to find that the law is arbitrary, overbroad, or grossly disproportionate and therefore breaches the principals of fundamental justice. I conclude, after a review of the legislative scheme at issue, that one of the main purposes of the legislation is to prevent minors from buying tobacco products. See R v. Clothier, supra. In my view prohibiting the sale of tobacco products for a prescribed period of time after two convictions of selling tobacco products to minors is not arbitrary, overbroad, or grossly disproportionate having regard to the purpose of the legislative scheme.
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