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

29 Pages Posted: 4 Jul 2013 Last revised: 22 Jul 2013

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 - Faculty of Law

Date Written: July 3, 2013

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.

Keywords: tort law, civil liability, tobacco, healthcare costs, constitutionality

JEL Classification: K13, K10, K39

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: https://ssrn.com/abstract=2289552

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 - Faculty of Law ( email )

3644 Peel St
Montreal, Quebec H3A 1G5
Canada

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