I said parts of it were not valid.
Evidence of meeting #101 for Health in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was unhealthy.
A recording is available from Parliament.
Evidence of meeting #101 for Health in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was unhealthy.
A recording is available from Parliament.
President and Chief Executive Officer, Association of Canadian Advertisers
I said parts of it were not valid.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
What parts of it were not valid?
President and Chief Executive Officer, Association of Canadian Advertisers
I don't have that with me. I said I would submit it to the committee.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
So you have no information as to what is available, and what is not valid. Is that correct?
President and Chief Executive Officer, Association of Canadian Advertisers
I can give you one example that's probably slightly inaccurate, but not by very much.
In the report, 10 websites are mentioned, for instance. I believe eight of those—again, pardon me for not having my notes—were U.S. sites. One of the products mentioned was not even sold in Canada. I'll just leave you with that for now. I'll submit the rest of the report to you.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
Would the health effects be different whether or not this was done in Canada or the U.S.?
President and Chief Executive Officer, Association of Canadian Advertisers
The study is quoting U.S. numbers for a Canadian study. It is pointing out things that are wrong in Canada, and that would be wrong, yes.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
One of the points you brought up was that if this were.... We talked about charter challenges. Did you say it was possible that some aspects of this might actually prevent some advertising to adults?
President and Chief Executive Officer, Association of Canadian Advertisers
I said that several times, yes.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
Are you saying any advertising of products to adults is unconstitutional?
President and Chief Executive Officer, Association of Canadian Advertisers
I don't know. If there's a ban or restriction of any dramatic size, which is what we're talking about, if that's put in place, that would be overreach, and it would fail the proportionality test, we believe. I'm not making this up. We just go by the constitutional lawyer. It's Peter Hogg, by the way.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
Can you think of a product that was advertised with that restriction to everybody, including adults, that the courts actually said was constitutional?
President and Chief Executive Officer, Association of Canadian Advertisers
Sorry, I'm not sure of your question.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
Are you aware of any charter challenge that stated whether or not advertising any product to adults was constitutional?
President and Chief Executive Officer, Association of Canadian Advertisers
No, I'm not.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
The Supreme Court of Canada, I believe it was in 2007, actually decided that the restrictions on advertising of tobacco to everybody, including adults, was, in fact, constitutional.
President and Chief Executive Officer, Association of Canadian Advertisers
Yes, you'll also find that that charter challenge was based on the fact that the harm being done by tobacco smoke was greater than the harm being done to industry, and that is something you will find is the absolute reverse if this happens to food.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
Dr. Warshawski, did you not say that right now obesity is doing more harm than tobacco?
Chair, Stop Marketing to Kids Coalition, Childhood Obesity Foundation
Correct, that's the statistic from global burden of disease.
Liberal
Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB
I have no further questions, thank you.
Liberal
The Chair Liberal Bill Casey
I want to thank everybody.
Ms. Ramsey, you said at the very beginning that this was a good day to be on the health committee. It's always a good day to be on this committee.
This is meeting 101, and there has never been one that hasn't been absolutely fascinating, because of the quality of our witnesses and the items we talk about. We talk about things here that affect everybody's life, but the witnesses add so much and bring so many different points of view. We appreciate them very much. We thank you all for your presentations today, and your help with this issue.
Thank you to all of our guest members today who attended.
Clause-by-clause consideration is on Wednesday, so we need amendments by noon tomorrow.
The meeting is adjourned.