Canadian law, however, does not support this. Even if we accept that people can consent to be killed by third parties, this reasoning does not absolve tobacco companies of murder. The do not have the legal capacity to consent to kill themselves or to have a third party kill them. Few smokers want to die or be debilitated. This is not analogous to mercy killings where a patient explicitly gives a doctor permission to end their life.
Addiction is a form of duress.
Even though an individual freely smokes, there is no true consent for the tobacco companies to kill individuals because addiction implies that smoking and consent may be involuntary. Many smokers, particularly youths, are ignorant of the hazards of tobacco use. When this is the case, there is no informed consent on their part to allow the tobacco companies to poison and kill them. The state has a duty to protect individuals and guarantee their security. The Charter is not just an abstract list of freedoms.