[Intl-tobacco] Canada: Tobacco showdown tops list of spring cases for Supreme Court

Sun, 27 Mar 2005 23:39:43 -0500

Tobacco showdown tops list of spring cases for Supreme Court

Jim Brown
Canadian Press

Saturday, March 26, 2005

OTTAWA (CP) - A showdown between the tobacco industry and provincial
legislators - this time over health costs for smoking-related diseases -
is looming in the spring session of the Supreme Court of Canada.

At issue is an effort by the British Columbia government to sue major
tobacco manufacturers for $10 billion to cover decades of expenditures
to treat provincial residents suffering from cancer and other maladies
linked to smoking.

A number of U.S. states have used similar suits as a lever to win hefty
out-of-court settlements. B.C. was the first province to take such
action in Canada, but its strategy has been closely watched and could be
copied by others.

The targeted companies, including Imperial Tobacco Canada, Rothmans
Benson and Hedges and JTT-Macdonald, argue that the legislation passed
by B.C. to clear the way for the lawsuit is constitutionally flawed.

They say the law exceeds provincial powers and improperly limits the
evidence the firms can call in their defence.

A trial judge in B.C. agreed and struck down the law. But the provincial
appeal court overturned that decision and gave the green light for the
suit to proceed.

The Supreme Court will take up the case on the heels of another
high-profile dispute in which it upheld Saskatchewan legislation curbing
cigarette advertising in convenience stores and other premises
frequented by children.

The court has set aside two days, June 8 and 9, to sort out the B.C.
controversy.

It won't be the only contentious issue during the term. Among two dozen
other cases slated for hearing are:

-A bitter argument over who is financially liable for sexual abuse
suffered by aboriginal students at a residential school in Port Alberni,
B.C.

-The question of whether two Montreal swingers' clubs should be
considered common bawdy houses for allowing members to have sex on the
premises.

-A confrontation between a Montreal-area school board and a Sikh student
who was denied permission to wear a ceremonial dagger in class.

The key point in the residential school case is whether the United
Church is jointly liable along with the federal government for the abuse
of native students from the 1940s through the 1960s.

The church won a judgment from the B.C. Court of Appeal saying only the
government is liable. Ottawa is contesting that finding, which threatens
to cost the federal treasury millions of extra dollars for settling
similar abuse claims across the country.

The Supreme Court will hear arguments May 16.

In the cases of the Montreal swingers' clubs, to be heard April 18, the
task will be to navigate a legal quagmire created by conflicting rulings
from the Quebec Court of Appeal.

Club L'Orage was convicted of functioning as a bawdy house, while
Cabaret Chez Mado was acquitted.

At issue in both cases is whether sex acts performed at the clubs
exceeded community standards of decency.

The other Montreal-area dispute, to be heard April 12, centres on Gurbaj
Singh Multani, who says his religious freedom was infringed when he was
denied permission to wear a kirpan, the ceremonial dagger that orthodox
Sikhs carry.

A trial judge said he should be allowed to wear the kirpan if is wrapped
and checked by school officials. The provincial appeal court overturned
that ruling and said school board rules that ban all weapons are a
reasonable limit on religious freedom.

=A9 The Canadian Press 2005

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