Quebec’s highest court rules actors can smoke on stage

In this Dec. 2, 2020, file photo, a man who did not want to be identified holds a lit cigarette while smoking in San Francisco. (AP Photo/Jeff Chiu)

The Quebec Court of Appeal has ruled that actors are allowed to smoke cigarettes during their performances on stage and that a law banning smoking in indoor public spaces infringes on their freedom of artistic expression.

The ruling brings an end to a years-long legal saga for three theatre companies in Quebec City that were fined $500 between 2017 and 2019 after actors lit up on stage in separate performances. They received notices for violating Quebec’s Tobacco Control Act.

They challenged the law and were acquitted in a lower court ruling, but the province appealed to Quebec’s highest court, citing several scientific studies detailing the harmful effects of secondhand smoke on people’s health.

In a unanimous decision rendered on Wednesday, the Court of Appeal ruled that the province failed to demonstrate that the benefits provided by the law banning smoking outweighed the harm caused by it when it comes to the stage.

The theatre companies — Théâtre du Trident, Théâtre de la Bordée, and Théâtre Premier Acte — welcomed the decision, saying in a written statement that they are breathing “a huge sigh of relief.”

“This decision marks an important milestone for the performing arts community by clearly reaffirming that artistic freedom of expression is an essential pillar of our democratic society. Artistic creation must be able to flourish freely, without fear of interference or censorship,” the statement reads.

“We hope that the Government of Quebec will take note of this decision, which recognizes the creative freedom that must be granted to the many creators in the performing arts, and put an end to this saga that has already dragged on for far too long.”

In the decision, the panel of three appellate judges noted that the number of cigarettes and the duration of smoking scenes at the theatres was “limited,” and that auditoriums are generally very spacious venues that are well-ventilated.

The Quebec Attorney General did not present enough evidence to show the harmful effects, if any, when the exposure to secondhand smoke is low, the judges said, adding that a total smoking ban was not justified.

“The negative effects of the ban on freedom of expression are significant and tangible, as the restriction may result in a play not being produced or certain aspects of a work being censored,” reads part of the 45-page decision.

“This is a serious negative consequence not only for creators but also for the general public that attends theatrical performances.”

The province has 60 days to decide whether or not it will appeal the decision to the Supreme Court of Canada.