British Columbia v Imperial Tobacco Canada Ltd information
Pivotal Canadian lawsuit against the tobacco industry
British Columbia v Imperial Tobacco Canada Ltd
Supreme Court of Canada
Hearing: June 8, 2005 Judgment: September 29, 2005
Full case name
Imperial Tobacco Canada Limited et al. v. Her Majesty the Queen in Right of British Columbia
Citations
[2005] 2 S.C.R. 473, 2005 SCC 49
Prior history
Judgment for Respondent in the (Court of Appeal for British Columbia)
Ruling
Appeal dismissed.
Holding
The Act (Tobacco Damages and Health Care Costs Recovery Act) is constitutionally valid.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Unanimous reasons by
Major J.
Laws applied
Air Canada v. British Columbia, [1989] 1 S.C.R. 1161; Authorson v. Canada (Attorney General), [2003] 2 S.C.R. 40, 2003 SCC 39
British Columbia v Imperial Tobacco Canada Ltd, [2005] 2 S.C.R. 473, 2005 SCC 49, is a decision of the Supreme Court of Canada where the Court found that the provincial Tobacco Damages and Health Care Costs Recovery Act, which allowed the government to sue tobacco companies, was constitutionally valid. Imperial Tobacco Canada is an indirect subsidiary of British American Tobacco.
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