TOBACCO CONTROL LAWS

Imperial Tobacco Canada v. Attorney General of Quebec

Tobacco companies challenged the constitutionality of the Tobacco-Related Damages and Health Care Costs Recovery Act, which allows the government to sue tobacco manufacturers to recover the health care costs for individuals with tobacco-related illnesses. The Appeals Court of Quebec upheld the constitutionality of the law and dismissed the tobacco company’s appeal. The court relied, in part, on a decision from British Columbia upholding a similar law. The court found that the Quebec law did not violate the independence of the judiciary nor did it violate the tobacco companies' right to a fair trial.

Imperial Tobacco Canada v. Attorney General of Quebec, No. 500-09-024341-141, Quebec Court of Appeals (2015).

  • Canada
  • Sep 28, 2015
  • Province of Quebec Court of Appeals
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Parties

Plaintiff

  • Imperial Tobacco Canada Limited
  • JTI-Macdonald Corp.
  • Rothmans, Benson & Hedges Inc

Defendant Attorney-General of Quebec

Legislation Cited

Quebec Charter of Human Rights and Freedoms.

Tobacco-Related Damages and Health Care Costs Recovery Act, RLRQ, v. R-2.2.0.0.1.

Related Documents

Judicial Decision in Original Language

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.

Tobacco Control Topics

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.

Type of Tobacco Product

None

"In sum, parliamentary supremacy allows the legislator to modify the law as he wishes, as long as these modifications respect constitutional limits. Here, the appellants have not demonstrated in what way the elimination of prescription, or the other changes made in the rules of evidence and civil procedure, would contravene their right to a fair trial, even if, in fact, it does deprive them of some of their means for defense."
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