The Supreme Court of Canada has ruled that Saskatchewan can reinstate a controversial law that forces store owners to keep tobacco products behind curtains or doors.

The top court ruled Wednesday morning that the province could impose the so-called "shower curtain law," which was passed in 2002 to hide cigarettes from children but struck down a year later by an appeal court.

The Supreme Court did not release the reasons behind its decision, saying those would later be issued.

The court's ruling means Saskatchewan stores must keep tobacco products behind curtains or doors.
The court's ruling means Saskatchewan stores must keep tobacco products behind curtains or doors.

A spokesman for the tobacco company that fought the ban – Rothmans Benson and Hedges – said the company is disappointed by the ruling.

"At this point in time, you know we would just have to wait for that decision to be read and to analyze it," said John McDonald. "...It's very premature to suggest just exactly what the options are at this point."

The Saskatchewan Court of Appeal struck down the legislation in 2003, ruling that it conflicted with a federal law that permits tobacco displays. When provincial and federal laws conflict, federal law prevails.

The province asked the Supreme Court to overturn that decision.

The case sparked interest across the country. The Canadian Cancer Society, the Canadian Lung Society, the Canadian Medical Association and the Heart and Stroke Foundation of Canada had status as interveners, as did six provinces and the federal government.

University of Saskatchewan law professor Doug Schmeiser said the Supreme Court's decision will apply across the country.

"There's a strong movement afoot in Canada to curb the use of tobacco and tobacco products," he said. "And that's why every province is very interested."

Groups such as the Canadian Cancer Society maintain that cigarettes should be kept out of children's sight, not just out of their reach.

"They should not be exposed to tobacco products every time they walk into a store to buy bubblegum or candy," said the society's Donna Pasiechnik.

However, Rothmans Benson and Hedges said stopping the sale of cigarettes to children is a very different issue from forcing shop owners to hide them.

"This is a legal product. It's a product that adults would already have made up their mind [to buy] before they go into retail," said McDonald.