B.C. can sue opioid providers for health-care costs on behalf of other governments, Canada’s top court rules

Canada’s highest court has made a significant ruling that will allow British Columbia to move forward with a class-action lawsuit against pharmaceutical providers for the harms caused by opioids. This lawsuit will be on behalf of other provinces, territories, and the federal government, marking a pivotal moment in the fight against the opioid epidemic.

The decision comes after a lengthy legal battle with companies like Shoppers Drug Mart and other manufacturers, distributors, and retailers involved in opioid drugs. These companies sought to challenge B.C.’s right to take legal action using the provincial Opioid Damages and Health Care Costs Recovery Act. However, both the B.C. Supreme Court and the B.C. Court of Appeal upheld the province’s right to pursue legal action under this act.

In a 6-1 ruling, the Supreme Court of Canada dismissed the companies’ final appeal, affirming that Section 11 of the act is constitutional and falls within the province’s authority over the administration of justice. This decision sets a precedent for potential nationwide action by governments to hold pharmaceutical companies accountable for their role in the opioid crisis.

Justice Andromache Karakatsanis emphasized the importance of cross-country cooperation in addressing crises that transcend borders, such as the opioid epidemic. She highlighted the need for a national class action to ensure efficiency, consistency, and access to justice for all those affected by the opioid crisis.

The lawsuit alleges that pharmaceutical companies, including Shoppers Drug Mart Inc., contributed to the epidemic by falsely marketing their products as less addictive and prone to abuse than other pain medications. While these allegations have yet to be proven in court, the legal action seeks to hold these companies accountable for their role in fueling addiction, illness, and death across Canada.

Provinces and territories have the option to opt out of B.C.’s class-action lawsuit, but as of now, none have chosen to do so. Justice Suzanne Côté, the dissenting voice in the case, raised concerns about the potential encroachment on the legislative sovereignty of other provinces. However, the majority decision affirms the importance of collaboration in addressing national crises like the opioid epidemic.

This ruling sets a precedent for holding pharmaceutical companies accountable for their role in the opioid crisis and underscores the importance of cooperation between provincial and federal governments in addressing public health emergencies. The legal action taken by British Columbia signals a significant step forward in seeking justice for those impacted by the devastating effects of opioid addiction.