Zaap Inc. $("$Zaap$")$ manufactures and sells e$-$cigarettes $($also known as vaping pens$).$ The vapours inhaled contain nicotine and other chemicals. Zaap's "harm reduction' marketing suggests that e$-$cigarettes are safer than regular tobacco cigarettes, which is true. Recently, Zaap introduced sweetly flavoured $($e$.$g$.$ bubble gum, cotton candy, mango, pineapple, lemonade$)$ e$-$cigarettes, and expanded the use of influencers and social media in marketing its products. The new marketing campaign has been extraordinarily successful especially with young people. Studies have shown that the use of e$-$cigarettes by youth has now reached epidemic proportions. Nicotine is highly addictive and is known to be harmful to developing brains.

The federal government is very concerned because young people do not understand the health risks of e$-$cigarettes. Therefore, the federal government has passed a law prohibiting the marketing of e$-$cigarettes to young people less than $18$ years of age. Other types of advertising are permitted. Zaap is upset and believes the federal government is discriminating against it$.$ In particular, Zaap believes the law infringes upon its Charter Rights and Freedoms.

$($a$)$ Based upon the above facts, identify the one $(1)$ Charter Right and Freedom that Zaap should argue has been infringed? Be very specific, including section number.

$($b$)$ In the event Zaap succeeds in proving that its Charter Rights and Freedoms have been violated, what legal argument can the federal government make in order to protect the validity of its law. Identify the applicable section number and a legal case that supports the government's position.