Court Dismisses Appeal in Opioid-Related Class-Action Lawsuit
The Supreme Court of Canada has given British Columbia the green light to involve other government bodies in a lawsuit against opioid manufacturers and distributors. This decision opens the door for governments nationwide to seek damages related to the opioid crisis.
B.C. Attorney General Niki Sharma sees this Supreme Court victory as a significant win. She believes it provides a roadmap for governments across Canada to hold opioid makers and distributors accountable. The court reaffirmed the constitutionality of a law that allows B.C. to lead a class-action lawsuit on behalf of all provinces and territories, as well as the federal government.
This 6-1 ruling from the Supreme Court is a positive step towards a potential national effort to pursue financial compensation from those responsible for the opioid crisis. Sharma emphasized that this decision is a substantial blow to opioid manufacturers and distributors who are facing possibly massive financial claims.
Federal Mental Health and Addictions Minister Ya’ara Saks commended the ruling as an opportunity to ensure that pharmaceutical companies are held responsible for their actions. If the case proceeds as planned, Canada intends to join the lawsuit, demonstrating the country’s commitment to addressing pharmaceutical industry abuses.
The B.C. Opioid Damages and Health Care Costs Recovery Act’s Section 11 allows the province to lead the charge against opioid manufacturers and distributors, while also granting other governments the option to participate or withdraw. Despite legal challenges arguing that Section 11 violates provincial authority, B.C. courts upheld it as valid.
The majority decision of the Supreme Court emphasized the importance of collaboration between governments in pursuing justice, especially in cases like the opioid crisis that affect all provinces and territories. Justice Andromache Karakatsanis underscored the critical role of national class actions in fostering efficiency, consistency, and access to justice in cases with extensive geographic impact.
Sharma expressed confidence in the province’s ability to pursue justice through national class actions while also inviting the defendants and other governments to engage in discussions before proceeding to trial. This decision marks a critical turning point in the fight against the opioid crisis, aiming to secure accountability from those who have contributed to this nationwide issue.
