BC law allows province to file opioids class action with other governments, SCC confirms

The Supreme Court of Canada has given the green light for a 2018 class action lawsuit against opioid manufacturers to proceed in British Columbia. This decision, made in a 6-1 ruling, affirms that the province can enact a law allowing multiple Canadian governments to participate in a single class action suit against the opioid industry.

The Opioid Damages and Health Care Costs Recovery Act (ORA) empowers British Columbia to take legal action on behalf of various federal, provincial, and territorial governments in Canada against 49 pharmaceutical companies accused of contributing to the opioid epidemic through deceptive marketing practices. The lawsuit seeks to recover healthcare, pharmaceutical, and treatment costs related to opioids dating back to 1996.

While some defendants in the case raised concerns about the constitutionality of a provision in the ORA that enables BC to lead the class action on behalf of other governments, the majority of the Supreme Court Justices ruled in favor of allowing the lawsuit to move forward. Justice Andromache Karakatsanis, writing for the majority, emphasized the importance of cooperation and comity in addressing nationwide issues like the opioid crisis.

The decision also highlighted the role of national class actions in promoting efficiency, consistency, and access to justice for those affected by the opioid epidemic. Nearly every province and territory in Canada has enacted legislation similar to the ORA, showing widespread support for a collaborative approach to tackling this crisis.

Despite some legal challenges, the ORA’s provision allowing BC to represent other governments in a class action was deemed constitutional by the Supreme Court. This decision sets a precedent for how multiple jurisdictions can work together to address complex, cross-border issues like the opioid epidemic.

Overall, the ruling marks a significant step forward in holding pharmaceutical companies accountable for their role in the opioid crisis and seeking compensation for the costs incurred by Canadian governments in addressing this public health issue. The decision underscores the importance of national cooperation and legal mechanisms like class actions in pursuing justice and addressing widespread harm caused by harmful products.