Problem
Section 4.1(1) of the Smoke-Free Ontario Act reads:
Display, etc., of vapour products
4.1 (1) No person shall, in any place where vapour products are sold or offered for sale, display or permit the display of vapour products in any manner that would permit a consumer to view or handle the product before purchasing it.
John Smith owns a convenience store in Ottawa and decides to sell vaping (vapour) products as he knows they are popular with his youth clients. He decides to display the products on an open display where any customer can see and handle the vaping (vapour) products right beside the cash register.
John is charged with a violation of s. 4.1 of the Smoke-Free Ontario Act and he retains a lawyer defend him against the charges. His Lawyer wants to argue that the Section of the Act does not comply with the Charter of Rights and Freedoms.
1) What Charter right would his lawyer have to establish was violated?
2) If his Lawyer succeeds, what does the prosecutor (Crown) then have to establish?
3) Briefly explain in point form 5 reasons why a Court would or would not uphold the law by virtue of the Canadian Charter of Rights and Freedoms and if John will be convicted.