Judgment on the act of smoking on stage | “A victory for theater and artistic freedom”

Prohibiting the gesture of smoking a cigarette on stage in the context of a theatrical performance is “an unjustified violation of freedom of expression,” concluded the Superior Court, in a judgment rendered Wednesday which acquitted three Quebec theaters, placed on trial. the fine by the Ministry of Health four years ago.

In his decision, judge Jean-François Émond invalidated a first judgment which enforced the strict meaning of the Law concerning the fight against smoking. It gives the legislator one year to make changes to the Law concerning the fight against smoking, applicable to the field of arts. The Ministry of Health will therefore no longer be able to invoke it to issue reports of infractions.

“It does not seem reasonable to prohibit the act of smoking a cigarette in all circumstances in the context of a theatrical performance. As a mode of expression, theater is at the heart of the values ​​underlying freedom of expression, in particular that aimed at promoting the diversity of forms of personal enrichment and fulfillment in a tolerant society. , he emphasizes in his judgment.

The Theater c. public health

In 2017 and 2019, the Trident, Bordée and Premier Acte theaters received a fine for letting a performer smoke a (sage) cigarette on the stage. In all three cases, a complaint from the public convinced the state to send inspectors to the scene during performances and issue a $500 ticket for contravening the law.

“Beyond the victory of the three theaters, it is the path followed by the judge on artistic freedom that delights us,” explains to The Press the lawyer representing Quebec theaters, M^e Louis-Philippe Lampron.

The director of the Théâtre de La Bordée, Michel Nadeau, is also happy with the court’s decision. “Judge Émond recognized freedom of artistic expression as one of the foundations of civilization. If we socially recognize the harmful effects of tobacco on health, smoking in a theater, for a few minutes during a play, remains a negligible risk for spectators. They are also consenting adults who are informed before each performance,” specifies Mr. Nadeau.

“This is excellent news for the theater community and freedom of artistic expression,” says Marc-Antoine Malo, co-director general of Trident. There were large gaps and a lack of nuance in the first judgment. »

Not a public place like the others

For her part, Édith Patenaude, who had directed the production of La Bordée aim by a fine, said she was delighted with Judge Émond’s decision: “The worrying shift in the previous judgment has just been corrected, which gives me is all the more reassuring in a world that favors rigid postures to the detriment of nevertheless essential nuances. A theater stage is not a public place like any other. Art is no longer without freedom. »

Theater artists also feared the snowball effect that such a ban could have in the future. “ [Depuis la première décision]I had the impression of acting in a bad film,” says the director and director of the Center du Théâtre d’Aujourd’hui, Sylvain Bélanger.

“The theater must remain a space of absolute freedom to represent life, to reflect society, through fiction. Often, a character uses cigarettes to fill a weakness, a nervousness, an addiction. It can also be a tic that punctuates his lines, his breathing, like a score,” specifies Mr. Bélanger.

The Attorney General of Quebec has 30 days to request an appeal of the judgment. The case could therefore be heard in the coming years in the Court of Appeal, then in the Supreme Court. “The ball is in the government’s court,” said M.^e Louis-Philippe Lampron. This would be a wonderful opportunity for the state to send a signal to show its support for artistic freedom. »