British Columbia | The constitutionality of the opioid law upheld by the Supreme Court

(Ottawa) Canada’s highest court has upheld the constitutionality of a law that would allow British Columbia to bring class action against opioid suppliers on behalf of other provinces, territories and the federal government.

Friday’s decision by the Supreme Court of Canada is another step toward possible national action by governments that paid to treat patients who took these addictive drugs.

Section 11 of British Columbia’s Opioid Health Care Cost and Damage Recovery Act allows the province to take action against opioid manufacturers and distributors on behalf of multiple governments , but also allows a government to withdraw from the procedure.

Several companies have argued that Section 11 violates the Constitution by overstepping provincial authority.

British Columbia courts declared the law valid, prompting the companies to take their case to the Supreme Court.

In Friday’s ruling, the top court says B.C.’s Opioid Damages and Health Care Costs Recovery Act respects the legislative sovereignty of other Canadian governments.

The Court noted that almost all of Canada’s territories and provinces as well as the federal government intend to participate in the proposed class action, adding that a court should exercise great caution before concluding that a such cooperation is unconstitutional.

Article 11 is an example of the important role that multi-territorial collective actions play, in providing a procedural mechanism to help governments work toward the same goal, the Court said.

In an increasingly complex modern world, where governments are taking on greater regulatory roles in multi-faceted areas, there is an increased need for collaboration between governments and between courts on issues that cross borders, a indicated Judge Andromache Karakatsanis on behalf of the majority.

“The opioid epidemic in Canada is a striking example of a crisis that calls for this cooperation and civility. National in scope, it highlights the role that a national class action can play in ensuring efficiency, consistency and access to justice for all litigants who have suffered harm, without regard to geographical limits. »