B.C. law that slaps health-care costs on opioid companies to be challenged in Supreme Court of Canada
![Supreme Court of Canada The Supreme Court of Canada is seen, Wednesday, August 10, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld](/content/dam/ctvnews/en/images/2023/4/28/supreme-court-of-canada-1-6375418-1682692323421.jpg)
The Supreme Court of Canada has agreed to hear an appeal from four pharmaceutical manufacturers, retailers or distributors trying to stop a proposed class-action lawsuit by the British Columbia government.
Sanis Health, Sandoz Canada and McKeeson Canada, plus Shoppers Drug Mart, want the high court to examine two lower-court decisions that confirmed B.C.'s right to pass legislation in 2018 that would allow recovery of opioid-related health-care costs from companies.
Section 11 of the Opioid Damages and Health Care Costs Recovery Act allows B.C. to file a class-action lawsuit against opioid providers on behalf of the federal government or any province or territory that paid to treat patients who took the drugs.
Since then, Sanis, Sandoz, McKeeson and Shoppers Drug Mart have lost cases in the B.C. Supreme Court and B.C. Court of Appeal as they argued Section 11 oversteps provincial authority and violated the constitution.
B.C. Attorney General Niki Sharma said Thursday the province is prepared to meet the companies in the high court.
“I'm really proud of the victories we're had so far and we'll continue the challenge,” Sharma said at the legislature. “We are doing everything we can to recover from those companies that are responsible, and that will mean also meeting them in court at the Supreme Court level.”
The act is modelled on similar B.C. legislation that forced cigarette companies to pay a portion of tobacco-related health care costs, and in 2005, Canada's highest court ruled that law was constitutionally valid.
“I'm really proud of the work we're doing in B.C.,” said Sharma. “We're leading the country when it comes to recovering costs from companies that have done harm to our citizens. We think these companies need to be held accountable for their actions and we're doing good work in B.C. about that and we'll continue it.”
A date for the hearing of the appeal has not been set, and as is customary with leave applications, the Supreme Court of Canada does not give reasons for its decisions.
This report by The Canadian Press was first published Nov. 9, 2023.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.7029443.1725744633!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
Police release video of Toronto plaza shooting that killed university student
A university student from Brampton was killed when two shooters fired indiscriminately into a crowded plaza in Toronto last month in what police say was a 'cowardly act.'
BREAKING Numerous people shot in Kentucky near Interstate 75, officials say
Several people have been shot near Interstate 75 in Laurel County, Kentucky, according to the Laurel County Sheriff’s office.
The iPhone is getting a 'glow' up. What to expect from Apple's Monday event
Apple excited fans with its vision for its 'Apple Intelligence' artificial intelligence system earlier this year. Now, it's time for the company to prove it really works.
No more porta-potties at B.C. construction sites starting Oct. 1
What some B.C. construction workers describe as the worst aspect of their jobs will be coming to an end next month, the province announced.
'Hopeless and helpless': Regina mother seeks help to treat rare spinal disease
Mary Grace Rico is seeking help in getting treatment for a rare spinal condition.
'Extremely vigorous' wildfire activity in central B.C. prompts crews to back off for safety
The wildfire fight in central B.C. intensified Friday, according to officials.
Trump campaigns in Wisconsin just days ahead of debate with Harris
With just days to go before his first — and likely only — debate against U.S. Vice-President Kamala Harris, former U.S. president Donald Trump leaned into his familiar grievances about everything from his indictments to the border as he campaigned in one of the most deeply Republican swaths of battleground Wisconsin.
They were due to leave for their dream cruise in May. Three months on they’re still stuck at the departure port
It was the years-long cruise that was supposed to set sail, but saw its departure postponed… postponed… and postponed again.