The DTCA Charter Challenge case: What are the different parties saying?

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In December 2005, CanWest MediaWorks began a Charter challenge against the federal government, claiming that the Food & Drugs Act prohibition of direct-to-consumer advertising infringes on the company’s freedom of expression. The case has been filed with the Ontario Superior Court of Justice and is expected to eventually go to a higher court.

Early in 2007, Women and Health Protection (WHP), as part of a coalition of groups, was granted intervener status (party standing) in the Charter Challenge case of CanWest Mediaworks against the federal government on the issue of direct-to-consumer advertising (DTCA).

Cross-examinations on the case are expected to begin early in the new year (2008). The date for in-court hearings has been set at June 16, 2008. In the meantime, interested parties in defence of Health Canada and of CanWest have submitted affidavits to the court. All these affidavits, and accompanying exhibits, can be found on WHP site under DTCA: CanWest Charter Challenge.