[Intl-tobacco] Nova Scotia sets out health-care lawsuit proposal against big tobacco

[Robert Weissman]

The Canadian Press


  Nova Scotia sets out health-care lawsuit proposal against big tobacco


MURRAY BREWSTER /Thu Oct 13, 5:34 PM ET/

HALIFAX (CP) - Nova Scotia's Conservative government began clearing the
way Thursday for a lawsuit against the tobacco industry to recover
billions dollars spent on smoke-related illnesses in the province.

The move came on the opening day of the fall legislature session and
less than a month after the Supreme Court of Canada upheld similar
legislation from British Columbia.

The bill, introduced by Nova Scotia's justice minister, would give the
province legal authority to sue for past and future health-care costs
related to smoking.

"It's time to say enough is enough," said Michael Baker. "This
legislation is about holding the industry accountable for its marketing
practices."

The proposed tobacco legislation would waive the statue of limitations,
giving the province the ability to go back as far as 50 years in
preparing its legal claim.

While the government did not include the amount of damages it would seek
in the lawsuit, officials were quick to point out that the direct cost
of treating cancers and other smoking-related diseases in Nova Scotia is
estimated at $170 million annually.

The high court ruling on Sept. 29 applied only to British Columbia but
opened the door for all the others to take similar action. Governments
in New Brunswick, Ontario and Manitoba have since said they are also
considering lawsuits.

A spokesman from the Canadian Tobacco Manufacturers' Council described
the move by Nova Scotia as "yet another cash grab by yet another province."

"It certainly stacks the deck in favour of the province and removes our
normal defences in a court of law," said John MacDonald.

He said governments in Canada that go down this road risk losing the $9
billion they collect annual in tobacco taxes.

But Baker said the initiative is not about tax revenue.

"I know from speaking with my colleagues in cabinet, if every Nova
Scotian would quit smoking, we would gladly give up every penny and
dollar in smoking taxes."

The government also introduced anti-smoking legislation it described as
"the toughest in the country".

It would ban smoking in all public places - including outdoor patios -
by 2006, replacing regulations that allow smoking at bars and
restaurants, in designated areas and at certain times.

Baker said the proposed tobacco suit and smoking ban complement each
other, and should lead to fewer smokers in the province.

Anti-smoking groups and the opposition parties in Nova Scotia applauded
both initiatives.

"We need to make the tobacco industry accountable for the 50 years of
misleading and downright lying," said Dr. Robert Strang, president of
Smoke-Free Nova Scotia.

Meg McCallum, the director programs for the Canadian Cancer Society,
said the province should sue for both the direct and indirect costs of
treating smoking-related illnesses.

When the economic costs of smoking illnesses, such as lost productivity
and absenteeism are considered, McCallum said the annual economic loss
to the province is in the range of $500 million.

Health Promotion Minister Rodney MacDonald said the proposed
anti-smoking legislation goes well beyond the current partial ban.

"If you take a look at pieces of legislation across the country, you'll
see our act is quite broad. It goes into areas such as (outdoor) patios.
It goes well beyond," said MacDonald.

Dave Wilson, the opposition health critic, said the government's current
legislation on smoking bans was inadequate.

"This government has never lived up to its responsibility in terms of
smoke-free places and in terms of jumping on the bandwagon in suing
tobacco companies," said Liberal health critic Dave Wilson.

"This government has lagged behind for six years."