Rejected at first instance last week by a judge of the Court of Quebec who considers that smoking on stage does not constitute an artistic gesture, three theaters in Quebec City are appealing their case.
Representatives of the La Bordée, Le Trident and Premier Acte theaters also received the support of the Minister of Culture and Communications, Nathalie Roy, whom they met on Friday morning. The latter reiterated its intention to defend freedom of expression as it had declared following the judgment rendered on November 9.
Joined by Press, Anne-Marie Olivier, artistic director of the theater Le Trident, reiterates that in her eyes, a character who smokes on stage in a context linked to a story constitutes a gesture of artistic expression.
When it’s in the text, when it’s in the staging… it’s not at all to promote tobacco. Often they are characters in crisis or unfriendly [qui fument], and there is nothing more meaningful than that. This is not a gratuitous gesture.
Anne-Marie Olivier, artistic director of Le Trident theater
Remember that following complaints made between 2017 and 2019, the three theaters were fined by the Ministry of Health and Social Services. Complaints from spectators led inspectors from the Ministry to carry out checks and send notices of violation to the Tobacco Control Act.
The cigarettes used contained sage. “If there were less damaging options, of course we would go towards that”, says Mme Olivier on this.
A real outcry
In his first instance decision rendered on November 9, Judge Yannick Couture indicated that smoking was not in his eyes an expressive gesture and that he could not therefore be the subject of protection recognized by the charters on the freedom of expression.
His decision was the subject of an outcry. The Union des Artistes (UDA), the Quebec Theater Council and several institutions lined up behind the three theaters found to be at fault.
In an exchange of emails, the Union des Artistes relayed this statement: “The stage is the mirror of life and represents who we are. The UDA is a union of performers: what will there be left for us to express when we can only interpret sanitized situations that do not shock any spectator? ”
Anne-Marie Olivier maintains for her part that the decision creates a precedent and opens an “unacceptable breach” whose consequences could extend beyond the performing arts to film sets.
“For us, it is out of the question that we accept this thing,” she continues. Our lawyer Me Louis-Philippe Lampron will supervise a team of lawyers specializing in freedom of expression to advance this cause. ”
She does not know, at the end of the meeting with Minister Roy, how the Ministry of Culture and Communications will be able to provide concrete help. “This form, we do not know it, says M.me Olivier. Mme Roy has maintained his statement on defending free speech. From there, we’ll see how things go. We still felt an openness and an understanding on his part. ”
At the minister’s office, press secretary Elizabeth Lemay wrote to us: “Nathalie Roy had very interesting discussions with the representatives of theaters, regarding cigarettes in theatrical works. The Minister wishes to defend the freedom of expression and creation of artists. We are therefore going to see how we can support them in their process. ”
On the other hand, we were told, the Minister will wait for the decision rendered on appeal to see what avenues she could take to help artists in their process.