British Columbia took another swing at the tobacco industry by relaunching a lawsuit to recover billions of dollars in provincial health costs for treating all smoking-related illnesses.
The government is accusing tobacco companies of conspiring to conceal information about the health dangers of smoking, targeting children in tobacco marketing and contributing to a black market of contraband cigarettes in Canada.
"The industry was selling to third parties they knew or ought to have known were involved in smuggling," Attorney-General Graeme Bowbrick said in Victoria yesterday as he announced the new lawsuit filed in B.C. Supreme Court.
Health Minister Corky Evans, a chain smoker and self-described nicotine addict, likened cigarette companies to drug pushers.
Mr. Evans, who said he started smoking at 12 and has been addicted ever since, told reporters he wants to hold the tobacco industry accountable for future generations.
"I hope . . . that 12-year-olds of the future are not addicted by someone attempting, like every drug dealer, to make a profit off of someone else's misery," he said.
British Columbia is the first province to sue the tobacco industry in Canada and the case is being followed closely by other jurisdictions across the country. Newfoundland, Quebec and Ontario have announced similar legal actions against tobacco companies.
B.C.'s initial lawsuit, filed in 1998, was thrown out by the province's Supreme Court last year because the legislation contained provisions that attempted to seek damages beyond B.C.'s jurisdiction.
The government rewrote its law and passed a new act that that applies only to tobacco companies that are active in the province.
The province is seeking an unspecified amount for all health-care costs incurred from treating smoking-related disease and illnesses over the past 50 years. Lawyers for the province said B.C. is seeking damages in the billions of dollars.
The defendants include Imperial Tobacco Canada Limited, Rothmans Benson & Hedges Inc. and Philip Morris Cos. Inc.
The defendants responded by launching a constitutional challenge to the new law.
The defendants "absolutely and categorically deny" the allegations, said Dave Laundy, spokesman for the Canadian Tobacco Manufacturers' Council.