On Nov. 1, 2022, there was a preliminary judgment in the constitutional challenge in New Brunswick to the provincial flavour ban for e-cigarettes (other than tobacco flavour). The provincial government was successful in a motion to strike parts of the statement of claim.

In a judgement by New Brunswick Court of King’s Bench Chief Justice DeWare, the Court held that

  • economic rights are not protected under s.7 (life, liberty and security of the person) and s.15 (equality rights) of the Charter.
  • a corporation (not accused of an offence) cannot pursue a claim under s.15 of the Charter

The judgment in Miller et al v. Province of New Brunswick, 2022 NBKB 205, is available here:


The judgment was not appealed.

The plaintiffs in the case include a vape store, several vape store owners, and a company that makes e-cigarette liquids.  The case is financed by the Canadian Vaping Association.  The lawyers representing the plaintiffs include a New Brunswick law firm as well as the Canadian Vaping Association’s law firm in Toronto.