The Quebec government takes on Big Tobacco
Von buycigarettes, 11:40It was perhaps inevitable that Quebec would launch a lawsuit against Big Tobacco, as it did last week when it filed a $60.7 billion action in Superior Court. The provincial government is following in the footsteps of other jurisdictions that have taken similar action to recover what they claim are health-care costs for patients with smoking-related illnesses. Since the Supreme Court of Canada authorized such lawsuits seven years ago, all Canadian provinces are now either suing or are planning to sue. Quebec’s suit targets 10 tobacco companies as well as the Canadian Tobacco Manufacturers’ Council.
In announcing the lawsuit, Health Minister Yves Bolduc said that smoking-related illnesses tend to be extremely expensive to treat and are the principal causes of hospitalization. As such, they are a significant factor in Quebec’s runaway health costs. The Lung Association estimates that tobacco kills about 45,000 Canadians each year, more than the total number of deaths from AIDS, car accidents, suicide, murder, fires and accidental poisonings combined.
Justice Minister Jean-Marc Fournier indicated that the government will claim that the tobacco industry acted in such a way as to make the consumption of cigarettes attractive, and made efforts to downplay the impact of prevention messages by health authorities. The Canadian suits will lean heavily on the precedent of the 1998 Master Settlement Agreement south of the border, whereby seven major tobacco companies agreed out of court to pay roughly $206 billion to 46 American states, plus an additional $1.5 billion for an anti-smoking campaign.
In addition, they agreed to disclose confidential industry documents and to disband industry promotion groups said by critics to be engaged in sowing doubts about the dangers of tobacco consumption. But even with that precedent and the overwhelming evidence about the health hazards associated with smoking, the Canadian lawsuits are not necessarily a slam dunk for the governments that have brought them. The industry will mount a vigorous defence based on insistence that the dangers of smoking have been well-known for decades, and certainly during the period since 1970 that the Quebec claim covers.
It will lean on the common-law doctrine that no injury is done to people who willingly put themselves at risk, in this case by choosing to smoke in the first place. It is also likely to be argued that governments have been complicit in the health ravages caused by smoking since they have allowed tobacco products to be freely sold, and that their legal action is somewhat hypocritical in that they have raked in billions upon billions of dollars in tobacco taxes over the years.
Quebec, for example, collected $3.3 billion in tobacco-tax revenue over the past five fiscal years. In the last fiscal year alone, the combined federal and provincial take was $7.5 billion. And lest we forget, Montreal’s Olympic Stadium with its proud tower was paid off in major part by tobacco taxes. In turn, governments will maintain that tobacco taxes are a deterrent to people buying cigarettes and have – along with smoking bans in public places – greatly reduced smoking in recent years. This is true, but only to a certain extent. A Concordia University study found that for every 10-per-cent increase in cigarette taxes between 1998 and 2008 there was a 2.3-per-cent overall drop in smoking.
But it found that the drop was less than half that in the 25-to-44 age group, which had the highest proportion of smokers, and among smokers with high incomes, for whom the price increase was a negligible consideration. It would be a good thing if the government were able to wring some significant compensation from Big Tobacco for the ravages that smoking has inflicted on public health.
It would be better if tobacco products were not so readily available as they are now – though a ban, as the health minister observed, is not something society could readily accommodate at present. Best of all would be for individuals, one by one, to assume responsibility for their own health and decide either to quit smoking or not to start in the first place.