How could the legislation of provinces restricting the sale of violent video games to children be challenged under the Canadian Charter of Rights and Freedom?

BUSINESS IND LEGESL-QTION STORE OWNER CHALLENGES NOVA SCOTIA'S TDEACCOACCESS ACT Robert Gee owns a store in Kentville. Nova Scotia. that focuses on tobacco sales. He was charged with displaying tobacco products contrary to the Tobacco Access Act. Though Gee had been com plying with some provisions in the Act. he had been refusing to cover up his tobacco products. Gee expressedhis position to the press in this way: "I find it troubling thatgovernment is coming into my business and telling me what I can and can't do selling a legal product. it's to the point we can't Show the product. If they [governmental authori- ties] don't want it. they should snake it illegal."EFL In response to being charged. Gee challenged the constitutionality of the Tobacco Access Act. In short. ifthe legislation were unconstitutional, he could not be convicted under it and. moreover, he would be free to display his tobacco products out in the open. Gee's lawyer was successful in convincing a court that |See's freedom of expression had been violated. That is, the judge ruled at the Tobacco Access Act constituted an infringement of a pro- tected form of freedom of expressionnamely product display.\" indeed. the legislation restricted "commurucathre activity\" with respect to the sale of tobacco products.53 thus running afoul of a Charter guarantee. [:1 short. commercial expres- sion is protected expression under the Charter. However, the Crown was successful in showing That the legislation should be saved under the section 1 analysisthat the violation of freedom of expression caused by the legislation was "demonstrably justified in a free and democratic society'I as previously discussed. Though the court's section 1 analysis was technical and lengthy.\" the gist of the judge's analysis was as follows: - the porpoise of the legislation under attach was to protect the health of Nova Robert Gee Scotians. particularly that of youth. Its goal was to reduce tobacoo consumption by reducing the public's secs-gs to it. the purpose of the legislation was important {i.e.. pressing and substantial) given the danger of tobacco products. - the ban on display was a rational means of achieving the legislative goal of protecting health. As the court observed. a display of tobacco products could. for example. cause a former smoker to lose his or her resolve and also make it difcult for the smoker who wanted to quit. the legislation was careful not to impair Gee's rights to operate a business any more than was neoessary to achieve the purpose of the legislation. Gee could still offer information about the products he sold and show the product at time of purchase. for example. As well. the det- rimental effect on store owners like Gee