Abstract

http://ssrn.com/abstract=2289552
 


 



The Role of Private Law in the Control of Risks Associated with Tobacco Smoking: The Canadian Experience


Lara Khoury


McGill University - Faculty of Law

Marie-Eve Couture-Ménard


Université de Sherbrooke, Faculty of Law; McGill University - Faculty of Law

Olga Redko


McGill University

July 3, 2013

American Journal of Law and Medicine, 39: 2&3, (2013): 442-470

Abstract:     
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, K39

Accepted Paper Series


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Date posted: July 4, 2013 ; Last revised: July 22, 2013

Suggested Citation

Khoury, Lara and Couture-Ménard, Marie-Eve and Redko, Olga, The Role of Private Law in the Control of Risks Associated with Tobacco Smoking: The Canadian Experience (July 3, 2013). American Journal of Law and Medicine, 39: 2&3, (2013): 442-470 . Available at SSRN: http://ssrn.com/abstract=2289552

Contact Information

Lara Khoury (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Marie-Eve Couture-Ménard
Université de Sherbrooke, Faculty of Law ( email )
2500 bd de l'Universite
Sherbrooke, Québec J1K 2R1
Canada
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Olga Redko
McGill University ( email )
3644 Peel St
Montreal, Quebec H3A 1G5
Canada
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