Supreme Court upholds BC law to hold opioid manufacturers accountable

On November 28, 2024, the Supreme Court of Canada delivered a 6-1 decision affirming the constitutionality of British Columbia's Opioid Damages and Health Care Costs Recovery Act. This ruling enables British Columbia to initiate a class-action lawsuit against opioid manufacturers and distributors on behalf of multiple provinces and territories. The law allows coordination among governments that incurred health care costs due to the opioid crisis, which has significantly impacted lives across Canada. The provincial government claims this action is vital for holding accountable those responsible for contributing to the opioid epidemic. The legal dispute originating in 2018 arose when British Columbia (B.C.) accused opioid manufacturers and distributors of misleading marketing about the addiction potential of their products. Following the introduction of the Opioid Damages and Health Care Costs Recovery Act, B.C. sought to represent various Canadian governments in pursuing damages. The case escalated to the Supreme Court after companies challenged the province's authority, asserting that section 11 of the Act violated the Constitution. In their ruling, the Supreme Court stated that section 11 of the B.C. law respects the legislative sovereignty of other governmental bodies, despite opposition from the manufacturers. The court emphasized the need for collaboration across provincial and federal lines, particularly in light of the severity of the opioid crisis affecting Canadians nationwide. Justice Andromache Karakatsanis, writing for the majority, highlighted the importance of national class actions in ensuring efficiency, access to justice, and consistency across jurisdictions. B.C. Premier David Eby expressed the government's commitment to holding opioid manufacturers accountable, noting the significant impact of the opioid crisis on families and individuals. As multiple jurisdictions intend to participate in this collective legal action, the Supreme Court's decision marks a critical advancement in the fight against the epidemic. This collective legal pursuit is positioned as a necessary step toward addressing the harms caused by opioid use and is seen as a pivotal moment in ensuring justice for affected Canadians.