Cigarette on stage: Quebec wants to appeal the Superior Court judgment

The Quebec government wants to appeal the decision rendered last month by the Superior Court, authorizing smoking on stage in the context of a theatrical performance.

The request for leave to appeal was sent Friday morning to the Premier Acte, La Bordée and du Trident theatres, all based in Quebec City. The information was confirmed to Radio-Canada by the three organizations.

This is unfortunately the news confirmed this morningsaid Marc-Antoine Malo, co-CEO and administrative director of Trident. The news clearly caused a shockwave. Mr. Malo testified in particular of unanimous dismay in the cultural environment faced with [une] such an aberration.

A shared protest at Premier Acte. Superior Court, it is certain that we are disappointed and surprised by this stubbornness in wanting to pursue the case”,”text”:”Given the content of the Superior Court’s judgment, it is certain that we are disappointed and surprised by this stubbornness in wanting to pursue the file”}}”>Given the content of the Superior Court’s judgment, we are certainly disappointed and surprised by this stubbornness in wanting to pursue the case.briefly reacted Marc Gourdeau, general and artistic director of the broadcasting venue.

Mr. Gourdeau was particularly disappointed for the entire artistic community, which had demonstrated a feeling of relief almost unanimously last month, when Judge Jean-François Émond ruled in favor of the theaters.

The Ministry of Health and Social Services (MSSS) confirmed the news a little later on Friday.The Attorney General of Quebec has filed an appeal against the judgment rendered on May 29. […] Out of respect for the legal process, we will not comment furtherit was indicated.

Long saga

This legal saga is based on events that occurred between 2017 and 2019.

The Trident, La Bordée and Premier Acte theaters were in turn fined for letting an actor smoke a sage cigarette on the stage. In all three cases, a complaint from the public triggered a process of inspections of the MSSS during performances.

Each theatre subsequently received a notice of violation for violating the Tobacco Control Act.

Contesting these fines and their foundations in the name of artistic freedom, the theaters were dismissed in 2021 by trial judge Yannick Couture. The latter believed that smoking on stage did not constitute an expressive gesture and did not convey any message. He then invited creators to use artificial objects, or to pretend.

In order to avoid a precedent, the theaters countersued in Superior Court. They appealed not on the fines, but on the constitutionality of certain elements of the Law concerning the fight against tobacco which, according to them, infringe on freedom of expression and artistic freedom.

Judgment overturned

Judge Jean-François Émond ruled in favor of the theaters across the board in his decision handed down last month, placing freedom of expression at the heart of society’s priorities.

Violations of the right to freedom of artistic expression in all its forms [ses] forms are worrying, given the importance that our society gives to them. Attacks on this freedom, whether direct or indirect, cannot be viewed lightly, even in the face of public health concerns.the judge concluded.

Of course, the dangers associated with tobacco use require strong measures. The ban on smoking in public places is a valid one. But in the particular context of a theatrical performance, this ban does not meet the objectives in a rational manner.he added.

Judge Émond recommended the use of warnings for the public if cigarettes were smoked on stage.

Those who choose to attend, many of whom are likely non-smokers, are able to understand the artistic aspect of the gesture and, above all, the risks associated with this gesture of artistic expression. This choice is no different from that made by a person who agrees to visit a friend who smokes in their presence in a private placeexpressed the magistrate.

Invalidated articles

The judgment of the Superior Court of Quebec also amended the Act respecting the fight against smoking.

Judge Émond invalidated the ban on smoking in cultural or artistic venues. The Ministry of Health could therefore no longer invoke it to issue notices of offence in the future.

The judgment also defined what a tobacco product is. In its previous application, was assimilated to tobacco any product which does not contain tobacco and which is intended to be smoked. This article of the regulation governing the application of the Law concerning the fight against tobacco was also invalidated. The cigarettes smoked on stage in the dispute did not contain tobacco, but rather sage.

The magistrate gave the government some time to revise its law. It has in fact suspended its invalidations for a period of one year, while the legislator adjusts its texts to provide for exceptions, limits or other conditions applicable to the field of arts.