Canada鈥檚 top court has affirmed the constitutionality of a law that would allow British Columbia to pursue a class-action lawsuit against opioid providers on behalf of other provinces, the territories and the federal government.
The Supreme Court of Canada鈥檚 6-1 decision Friday is another step toward a potential cross-country action by governments that paid to treat patients who took the addictive drugs.
Section 11 of B.C.鈥檚 Opioid Damages and Health Care Costs Recovery Act allows the province to bring an action against opioid manufacturers and distributors on behalf of multiple governments, but also allows a government to opt out of the proceeding.
Several companies argued Section 11 violates the Constitution by overstepping provincial authority.
B.C. courts declared the law valid, prompting the companies to take their case to the Supreme Court.
A majority of the top court found that the B.C. law respects the legislative sovereignty of other Canadian governments.
It noted that nearly every province and territory in Canada and the federal government intend to participate in the proposed class action, adding that a court should exercise considerable caution before it finds that this co-operation is unconstitutional.
Section 11 is an example of the important role that national class actions play, providing a mechanism to help multiple governments work toward the same goal, the court said.
In an increasingly complex modern world, where governments assume greater regulatory roles in multi-faceted areas, there is a greater need for collaboration between governments and between courts that cross those borders, Justice Andromache Karakatsanis wrote on behalf of the majority.
鈥淭he opioid epidemic spanning our country is a stark example of a crisis which attracts this co-operation and comity. National in scope, it highlights the role a national class action can play in achieving efficiency, consistency, and access to justice for all those who have experienced harm, regardless of geographic boundaries.鈥�
Jim Bronskill, The Canadian Press
