The Role of Private Law in the Control of Risks Associated with Tobacco Smoking: The Canadian Experience
McGill University - Faculty of Law
Université de Sherbrooke, Faculty of Law; McGill University - Faculty of Law
July 3, 2013
American Journal of Law and Medicine, 39: 2&3, (2013): 442-470
Can private law litigation serve as a tool for advancing public health objectives? With this contentious and oft-asked question in mind, this text tackles Canada’s recent tobacco litigation. This Article first presents critical commentary regarding various lawsuits waged against Canadian cigarette manufacturers by citizens acting as individuals or as parties to class action lawsuits. We then turn to analyze how Canada’s provincial governments rely on targeted legislation to facilitate private law recourses for recouping the healthcare costs of treating tobacco-related diseases. The authors address challenges to the constitutionality of this type of legislation, as well as attempts by manufacturers to transfer responsibility to the federal government.
Number of Pages in PDF File: 29
Keywords: tort law, civil liability, tobacco, healthcare costs, constitutionality
JEL Classification: K13, K10, K39Accepted Paper Series
Date posted: July 4, 2013 ; Last revised: July 22, 2013
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