Smoking on stage valid form of artistic expression, Quebec court rules

RELATED: It’s estimated that 31,000 Canadians are diagnosed with lung cancer each year, with 28 per cent of those cases not related to smoking. Tim Monds, founder of Give a Breath, joined us on Global News Morning Edmonton to talk more about the numbers and what’s being done to change them – May 9, 2024during a stage performance is a valid form of artistic expression, overturning a lower court’s decision and clearing three theatres that had been fined for allowing the practice.

“Although public health is an important issue in our society that justifies the ban on smoking in public places, this measure must include exceptions in cases where the act of smoking is carried out by actors in the context of a play,” he wrote. A judge in 2021 ruled against them, concluding the theatres’ rights to artistic expression extended only to portraying or simulating smoking, and not to lighting up and inhaling from a cigarette, even if it did not contain tobacco.But Émond said the first judge erred in concluding that no message was conveyed by the act of smoking.

“This ban doesn’t respond rationally and intelligently to the issues related to tobacco use and the objectives of the legislator in this regard,” he wrote.

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