In this paper, I examine the impact of two Supreme Court decisions on information-based product safety regulation which, in a variety of guises in Canada, can be said to restrict manufacturers', distributors' and marketers' ability to "express" themselves. In the end, I conclude that, if one appreciates the justification for and the processes by which this kind of product safety regulation is instituted, there is only a small risk that the current regulatory activity will be held unconstitutional. When one takes into account the degree of co-operation between business and government in establishing the content of most regulatory activity and the benign nature of most of Canada's packaging and labelling requirements, one is led to the almost inescapable conclusion that the Charter challenges do not pose a serious threat to the existence of these laws.
David Cohen, Can It Really Be Unconstitutional to Regulate Product Safety Information?, 17 Can. Bus. L.J. (1990), available at http://digitalcommons.pace.edu/lawfaculty/445/.