Bob Gee is feeling pleased no doubt with the recent decision which admits that his rights have been limited.
A Kentville store owner has won the first round in his fight with the province over tobacco regulations.
A provincial court judge has agreed with Bob Gee that a law banning tobacco displays in retail stores violates his constitutional rights. [CH Aug. 18]
Unfortunately, this is only the first battle in a longer war. The Province will come back and may win the next round with the argument that the “public good” overrides his personal rights.
The judge’s decision means that the province must prove that infringing Gee’s constitutional rights is reasonable and for the public good. The province will make that argument at a hearing in the second phase of the case. A date for that hearing will be scheduled for Oct. 6.
In the meantime, the legislation remains in effect, said Graham Steele, the acting minister of health promotion and protection.
Where does it stop and who decides what is for the public good? As Thomas Sowell points out the most important decision is “who makes the decisions”.