Supreme Court affirms constitutionality of B.C. law on opioid health costs recovery

By Jim Bronskill, The Canadian Press on November 29, 2024.

OTTAWA – Canada’s 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 decision today 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.’s 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.

In its decision today, the top court says the B.C. law respects the legislative sovereignty of other Canadian governments.

This report by The Canadian Press was first published Nov. 29, 2024.

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