Health

Legislation will restore B.C.'s lawsuit against tobacco industry

15/05/2000

VICTORIA - Legislation will be introduced today to allow B.C. to resume its legal action against the tobacco industry to recover health-care costs and expose the misconduct of the tobacco industry, said Health Minister Mike Farnworth and Attorney General Andrew Petter.

"Our government remains firm in its resolve to protect B.C.'s young people from tobacco and to hold the tobacco industry accountable for the damage its products inflict on the health of thousands of British Columbians," said Farnworth. "We have seen in other jurisdictions how legal action can change the way the industry operates."

Last October, the tobacco industry challenged the constitutionality of the province's legislation that had allowed the government to launch its lawsuit against the tobacco industry. In its February decision, the Supreme Court of British Columbia upheld the essential principles of the province's legislation, including B.C.'s right to recover tobacco-related health-care costs from tobacco companies. However, it struck down the act in its entirety because of extraterritorial provisions the judge ruled were beyond the province's jurisdiction.

At Bill 15, the new tobacco damages and health care costs recovery act that will be introduced today, no longer contains extraterritorial provisions. The wording of some other provisions has been changed to provide greater clarity.

"B.C. is constantly breaking new ground with its tobacco legislation," said Petter. "Our action today shows we have no intention of backing down in our fight for compensation from the tobacco industry."

Dr. Jeffrey Wigand, the tobacco industry scientist whose decision to go public about industry practices inspired the movie The Insider, was at the B.C. legislature to see Bill 15 tabled.

"I am impressed that British Columbia is the first jurisdiction in Canada to take legal action against the tobacco industry, and it is exciting to see tobacco legal history in the making with the introduction of this new legislation today," Wigand said.

During his visit to B.C., Wigand is making presentations about the tobacco industry to students and the public on behalf of Smoke-Free Kids, the non-profit organization he has established.

Recently, the province of Newfoundland announced its intention to launch its own lawsuit against the tobacco industry based on B.C.'s model. B.C. and Newfoundland will be working closely together as they pursue their litigation.

Farnworth said: "We encourage other provincial and territorial governments to join us in our fight against the tobacco industry. By working together we can bring about real change that will have important consequences for public health today and in the future."

- 30 -

For media information, contact: Communications Branch Ministry of Health (250) 952-1887