Supreme Court of Canada Certifies B.C.’s Class-Action Lawsuit Against Opioid Manufacturers

British Columbia’s attorney general, Niki Sharma, announced that the Supreme Court of Canada has certified the province’s class-action lawsuit against opioid manufacturers and distributors. This decision allows B.C. to proceed as a representative plaintiff on behalf of other Canadian governments in seeking to recover the costs of treating opioid-related diseases allegedly caused by the industry’s conduct.

Sharma stated that the top court’s decision reaffirms B.C.’s commitment to holding pharmaceutical companies accountable for their role in the opioid crisis, which was declared a public health emergency in the province in April 2016. The court had previously upheld the constitutionality of a law that permits B.C. to pursue a class-action lawsuit on behalf of other Canadian governments, despite objections from opioid companies.

A majority of the Supreme Court justices found that B.C.’s law respects the legislative authority of other Canadian governments, allowing them to opt out of the class-action if they choose. The decision noted that nearly every province and territory, as well as the federal government, intended to participate in the lawsuit.

Sharma described the certification of the class-action as a “significant milestone” in the proceedings that began in 2018 when the province first filed the lawsuit. The goal of the lawsuit is to recover healthcare costs associated with treating opioid-related harms and to hold manufacturers and distributors accountable for their alleged use of deceptive marketing practices that contributed to addiction and overdose rates in the country.

Recent data from the B.C. Coroners Service, released in December, showed a nine percent decrease in overdose deaths in the first 10 months of the year compared to the same period in 2023. However, Canadian government statistics indicated that over 49,000 opioid toxicity deaths were reported between January 2016 and June 2024 across the country.

This development underscores the ongoing impact of the opioid crisis in Canada and the efforts being made to address the issue through legal action against those responsible for manufacturing and distributing these harmful substances.