Supreme Court Decision: Multi-Crown Class Actions Allowed
In an impactful 6-1 ruling, the Supreme Court of Canada has given the green light to British Columbia’s class action lawsuit against pharmaceutical companies and distributors for damages stemming from the opioid epidemic. This decision also paves the way for other provinces and the federal government to join forces in the legal action.
At the heart of the matter was the constitutionality of British Columbia’s 2018 Opioid Damages and Health Care Cost Recovery Act (ORA), which allows for a multi-Crown class action. The Supreme Court affirmed the legality of this legislation, signaling a significant shift in the legal landscape for future multi-Crown litigation.
According to Justice Andromache Karakatsanis, who wrote for the majority, the essence of the legislation emphasizes the need for cooperation and collaboration when dealing with issues that transcend provincial boundaries. The court recognized the importance of allowing provinces to work together seamlessly in pursuit of justice.
The underlying principle of ‘cooperative federalism’ also played a key role in the Court’s decision. By upholding the ORA, the Court underscored the importance of fostering cooperation between different levels of government for the greater public good.
The ruling was met with positivity from both the B.C. and federal governments, who are now focused on moving forward with the lawsuit. B.C. Attorney General Niki Sharma hailed the decision as a crucial step in the battle against opioid manufacturers and distributors, emphasizing the government’s commitment to seeking justice for its citizens.
Similarly, the federal minister of mental health and addictions expressed satisfaction with the Court’s decision, reaffirming the government’s determination to hold pharmaceutical companies accountable for their actions.
While dissenting Justice Suzanne Côté raised concerns about the impact of the legislation on governments outside British Columbia, the majority opinion prevailed, highlighting the importance of national class actions in addressing complex, cross-border issues.
With this legal hurdle now overcome, British Columbia, along with other provinces and the federal government, will continue their united pursuit of justice in the ongoing opioid crisis.
