Canadian Provinces Wield Power of Class Action Lawsuit Against Opioid Makers
A landmark Supreme Court of Canada ruling has opened the door for a potentially historic lawsuit against pharmaceutical companies accused of fueling the opioid epidemic across the nation.
The 6-1 decision clears the way for British Columbia, representing all Canadian provinces, territories, and the federal government, to pursue a class-action lawsuit against opioid manufacturers and distributors. “It’s a significant victory against opioid makers and distributors,” Attorney General Niki Sharma declared at a press conference. “This case could set,” she said, “a ‘template’ for similar claims, likely involving ‘colossal financial claims.’”
The court’s decision was a decisive win for British Columbia, whose 2018 lawsuit alleges that these companies deceptively marketed their opioid products as less addictive than other pain relievers. The province also argued that these deceptive practices bore significant responsibility for the national opioid crisis.
"Canada intends to join this suit should it be certified," Federal Mental Health and Addictions Minister Ya’ara Saks stated in a social media post, adding that “we’ve taken action to crackdown on the predatory practices of the pharmaceutical industry."
Key to the case is Section 11 of B.C.’s Opioid Damages and Health Care Costs Recovery Act. This groundbreaking legislation allowed B.C. to file on behalf of all other Canadian governments, unless they opted out.
Several defendants, including names like Sanis Health, Shoppers Drug Mart, Sandoz Canada, and pharmaceutical distributor McKesson Canada, challenged Section 11, arguing that it overstepped provincial authority. They labeled the case as "unprecedented in Canadian history" and speculated it could set a dangerous precedent.
However, the Supreme Court found in favor of British Columbia, affirming that the province’s law respects the sovereignty of other Canadian governments.
“Almost every province and territory in Canada and the federal government intends to participate in the proposed class action,” Justice Andromache Karakatsanis wrote on behalf of the majority. “A court should exercise considerable caution before it finds that this co-operation is unconstitutional.”
The ruling underscores the growing trend of national class actions, hailed by the court as a vital tool for addressing complex issues that span provincial boundaries.
Sharma expressed confidence in the province’s position, stating that they are "way better tools to go after companies through national class actions.” While eager to proceed to trial, she emphasized an “open ask” for defendants and governments to explore a settlement.
Opioid maker Purdue Pharma already settled for $150 million in June 2022. Sharma indicated that “the next steps will be about moving this to resolution as quickly as possible."
The ruling signals a significant shift in the fight against the opioid crisis. By presenting a united front against pharmaceutical giants, Canada is taking decisive action to hold them accountable for their role in the devastating epidemic.
This article is a reimagined version of a story originally published by The Canadian Press:
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## Canadian Provinces Wield Power of Class Action Lawsuit Against Opioid Makers: A Legal Battleground
**World Today News Exclusive Interview with Dr. Emily Carter, Professor of law at the University of toronto**
**World Today News:** Dr. Carter,the Supreme Court of Canada has recently handed down a landmark ruling paving the way for a colossal class-action lawsuit against opioid manufacturers. Could you explain the significance of this decision adn its potential impact?
**Dr. Carter:** This ruling is indeed momentous.The Supreme Court effectively clarified the legal standing of provinces in pursuing class action lawsuits on behalf of their residents.
Previously, there was uncertainty regarding whether provinces could represent citizens in such massive claims. This decision decisively removes that ambiguity, empowering them to act as a centralized force against pharmaceutical companies allegedly responsible for the opioid crisis.
**World Today News:** Can you elaborate on the specific allegations against these companies?
**Dr. Carter:** The lawsuit alleges that these pharmaceutical companies engaged in aggressive and misleading marketing tactics, downplaying the addictive nature of opioids while exaggerating their benefits. The provinces argue that these practices directly contributed to the widespread overuse and subsequent devastating public health crisis we see today.
**World Today News:** What is the legal strategy behind this class-action approach?
**Dr. Carter:** Class-action lawsuits are especially effective in cases like this where a large number of individuals have suffered similar harm. They allow for consolidated claims, pooling resources and expertise, thereby increasing the likelihood of success against powerful corporations.
This approach also allows for a more efficient handling of complex litigation, avoiding the need for thousands of individual lawsuits.
**World Today News:** What are the potential ramifications of this lawsuit for the pharmaceutical industry in Canada?
**Dr. Carter:** This lawsuit carries potentially massive financial implications for opioid manufacturers. Not only could they face ample monetary damages but also reputational damage and stricter regulations.
the outcome of this case could also set a precedent for similar lawsuits across other provinces and even internationally.
**World Today News:** What are the key arguments likely to be presented by both sides in court?
**Dr. Carter:** The provinces will undoubtedly present evidence demonstrating the aggressive marketing tactics used by the companies and the direct link between those tactics and the opioid epidemic.
On the other hand, the pharmaceutical companies are likely to argue that individuals ultimately bear obligation for their own choices and that they adequately warned of potential side effects.
**World Today News:** How long could this legal battle take and what are the potential outcomes?
**Dr. Carter:** This is a complex and high-stakes case, so it is indeed likely to be a protracted legal battle, potentially lasting several years. The outcome remains uncertain, but the potential consequences for both sides are significant.
**World today News:** Dr. Carter, thank you for providing such insightful analysis of this landmark legal advancement. It will be fascinating to witness how this case unfolds and its repercussions on the opioid crisis in canada.
**Dr. Carter:** My pleasure. This case highlights the complexities surrounding pharmaceutical accountability and the ongoing struggle to address the devastating impact of the opioid epidemic.
