In Quebec, a judge rejects the request of three theatres to allow smoking on stage

Three Montreal theatres were challenging in court the fines they were issued between 2017 and 2019 for allowing actors to smoke on stage. The judge rejected their arguments, ruling that smoking cannot be considered an act of artistic expression.[1].

In Montreal, the Trident, Bordée and Premier Acte theatres all allowed actors to smoke on stage and were fined for doing so between 2017 and 2019. They took the case to court to contest the fines of 500 Canadian $ they received, believing that they infringed on freedom of artistic expression.

Smoking “does not constitute expressive content”

For the Théâtre du Trident, he was accused of having made an actress smoke a sage cigarette in a play where the character smoked again after having stopped. "Getting this person smoking again expressed how much they were cracking up, that they were in a crisis situation in their life.", defended Anne-Marie Olivier, artistic director of the theater, "It's part of the freedom of expression of directors and authors". For the other two theatres, it was also about sage cigarettes, but the Quebec Tobacco Control Act equates "to tobacco any product that does not contain tobacco and is intended to be smoked"[2]In all three cases, it was complaints from spectators to the authorities that triggered visits by inspectors from the provincial health ministry.

Judge Yannick Couture, who was investigating the case, considered that smoking "does not constitute expressive content" and that consequently "the gesture does not fall within the scope of the protection offered" by the Canadian and Quebec charters of rights and freedoms that guarantee artistic freedom. To the plaintiffs who argued the need for theatre to stick as closely as possible to real situations, the judge retorted that a simulation using fake cigarettes or special effects could be just as suitable.

"It's true that there are alternatives, but the alternatives don't work", considers Marc Gourdeau, general and artistic director of the Premier Acte theater, "If we look at what this represents as a public health issue versus the restriction on freedom of creation and expression, it is clear that it is a step backwards."The leaders of the three theaters have announced their intention to appeal this decision.

Cases in theater and cinema in France

Similar controversies have already taken place in France, at the turn of the 2010s. A complaint was filed in 2008 against the Théâtre Edouard VII for having allowed an actor to smoke on stage; the procedure was however abandoned following the invalidation of the bailiff's report.[3]Let us remember that although some shows sometimes allow themselves to represent smoking on stage, this practice is now completely illegal in France.

Representations of smoking in films and TV series, on the other hand, attract significantly more attention, as their audience is considerably larger and there is more involvement from the tobacco industry.[4]. The logic is different when it comes to a presence sponsored by the tobacco industry, which is referred to as "product placement" or "behavioral placement", since it is then an illicit advertisement that constitutes a specific offense. In a study whose third edition was published in spring 2021[5], the League Against Cancer analyzed 150 French films released between 2015 and 2019, and was able to observe that smoking scenes in films tend to multiply, in a period when cigarette consumption was decreasing. The study was accompanied by a survey that confirmed the influence of films on the smoking behavior of young people; an observation that should also be able to extend to live shows.

Keywords: theater, justice, Quebec, cinema, League against cancer

©Tobacco Free Generation

M.F.

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[1] Remillard D, Smoking a cigarette on stage is not an artistic gesture, judge rules, Radio-Canada/ICI Québec, published November 9, 2021, consulted November 15, 2021. [2] Regulations implementing the Act respecting the fight against smoking, LégisQuébec, updated November 26, 2016, consulted November 15, 2021. [3] The cigarette burns the boards, Le Parisien, published April 10, 2011, consulted November 15, 2021. [4] Generation Without Tobacco, Young people more likely to vape after being exposed to smoking in TV series, published September 3, 2020, accessed November 15, 2021. [5] League against cancer, Tobacco and cinema. Published on May 31, 2021, accessed on November 15, 2021. National Committee Against Smoking |