B.C. Lawsuit Against Opioid Providers for Health-Care Costs on Behalf of Other Governments

Canada’s highest court has made a significant decision allowing British Columbia to move forward with a class-action lawsuit against pharmaceutical providers for the harm caused by opioids, not just for the province itself, but on behalf of other provinces, territories, and the federal government. This decision comes after a long legal battle with companies like Shoppers Drug Mart and other manufacturers, distributors, and retailers involved in opioid drugs.

For years, these companies fought against B.C.’s right to legal action under the provincial Opioid Damages and Health Care Costs Recovery Act. This act allows B.C. to sue opioid providers on behalf of any other province or territory that incurred healthcare costs treating patients who used these drugs. The companies argued that this section of the act was unconstitutional and overstepped territorial boundaries. However, both the B.C. Supreme Court and the B.C. Court of Appeal upheld the province’s right to proceed with the lawsuit.

In a 6-1 decision, the Supreme Court of Canada dismissed the companies’ final appeal. The majority of justices agreed that Section 11, which allows B.C. to file a class-action lawsuit, falls within the province’s authority over the administration of justice. This decision opens the door for potential nationwide actions by various governments and highlights the necessity of cooperation in dealing with issues that cross jurisdictional boundaries.

Premier David Eby and B.C. Attorney General Niki Sharma have expressed their commitment to continue fighting for justice on behalf of the citizens of B.C. and all Canadians affected by the opioid crisis. Federal Minister of Mental Health and Addictions Ya’ara Saks has also stated that Ottawa intends to join the class action if it moves forward.

The allegations against these pharmaceutical companies point to the devastating impact of the opioid epidemic across Canada. B.C. has accused these companies, including Shoppers Drug Mart, of contributing to the crisis by falsely advertising their products as less addictive and prone to abuse than other pain medications. This legal battle is crucial in holding these companies accountable for their role in the crisis and potentially recovering funds to address the ongoing challenges posed by the opioid epidemic.

While none of the allegations have been proven in court, this decision marks a significant step towards seeking justice and support for those affected by the opioid crisis in B.C. and beyond.