Canada’s Top Court: Multi-Crown Litigation Provision Constitutional in Opioid Class Action

o this procedural mechanism, a government’s choice to litigate in a different province and subject itself to the procedural rules of that province does not violate any constitutional principle.

The Supreme Court emphasized the importance of intergovernmental cooperation in addressing national issues like the opioid epidemic. In a statement, the Court highlighted that with the complexity of modern governance and overlapping jurisdictions, cooperation between governments and courts is essential. The Court noted that national class actions, such as the one in this case, ensure that justice is not hindered by provincial borders.

This ruling allows all provinces, territories, and the federal government to participate in the class-action lawsuit initiated in British Columbia. The case is currently awaiting certification, and if approved, it will proceed to a civil trial at the BC Supreme Court.

This decision marks another step in addressing healthcare cost recovery in Canada. British Columbia previously took legal action against tobacco companies for healthcare costs related to smoking, leading the way for other provinces to follow suit. In 2019, the tobacco companies proposed a settlement of $32.5 billion to resolve all legal claims in Canada.

Overall, the Supreme Court’s ruling on the multi-crown litigation provision in the opioid class action demonstrates the importance of cooperation and coordination among governments in tackling national health crises. The decision paves the way for a unified approach to seeking justice and accountability for the harm caused by the opioid epidemic.