British Columbia v. Imperial Tobacco Canada

Tobacco companies challenged the constitutionality of the Tobacco Damages and Health Care Costs Recovery Act, which creates a legal action for the federal government against tobacco manufacturers to recover the health care costs for individuals with tobacco-related illnesses. The Supreme Court of British Columbia dismissed the government's actions. The Supreme Court of Canada upheld the constitutionality of the Recovery Act, finding British Columbia to have the closest relationship to the cause of action. The Court found that independence of judiciary was not violated and that the Act did not violate companies' right to a fair trial.


British Columbia v. Imperial Tobacco Canada, et al., [2005] 2 S.C.R. 473, Supreme Court of Canada (2005).

  • Canada
  • Sep 29, 2005
  • Supreme Court of Canada



  • British American Tobacco (Investments) Limited
  • Imperial Tobacco Canada Limited
  • JTI‑Macdonald Corp.
  • Philip Morris Incorporated, Philip Morris International Inc.
  • Rothmans, Benson & Hedges Inc.


  • Attorney General of British Columbia
  • Her Majesty the Queen in Right of British Columbia

Third Party

  • Attorney General for Saskatchewan
  • Attorney General of Alberta
  • Attorney General of Manitoba
  • Attorney General of New Brunswick
  • Attorney General of Newfoundland and Labrador
  • Attorney General of Nova Scotia
  • Attorney General of Ontario
  • Attorney General of Quebec

Legislation Cited

Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30.

Tobacco Damages Recovery Act, S.B.C. 1997, c. 41.

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product