Vaping plaintiff can’t represent queer interests

Judge denies standing to Moncton retailer challenging province's ban on flavoured liquids

A judge has ruled a Moncton vaping retailer can’t represent the interests of members of the 2SLGBTQIA+ community in his lawsuit trying to nix a provincial ban on flavoured vaping liquids.

In the wake of the New Brunswick government enacting a ban on most flavoured vaping liquids in September 2021, four people filed a lawsuit in the Court of King’s bench challenging the constitutionality of the legislation.

Disposable flavoured vaping devices are pictured in a Fredericton vape shop in this 2021 photo, before the provincial flavour ban went into effect. (Photo: Facebook)

They argued that among other Charter violations, the ban breached their right to "life, liberty and security of the person,” as it impacted revenues in vaping shops and affected people’s ability to quit smoking through vaping.

But one of those plaintiffs - Moncton resident Donald Vosburgh, who’s also a vape retailer - subsequently brought a motion to add another Charter argument into the mix.