MONTREAL - The law adopted by Quebec to facilitate its $ 60 $ billion claim against tobacco companies for its health care costs was attacked again on Thursday: tobacco companies tried to have it struck down in the Court of Appeal.
The cigarette manufacturers had been dismissed in Superior Court in 2014 during their first match against this law, which they say is contrary to the Quebec Charter of Human Rights and Freedoms. The Quebec government adopted in 2009 the "Health Care Cost Recovery and Tobacco Damages Act". In particular, it creates a presumption of proof favorable to the government, which does not have to prove for each patient the link between exposure to tobacco products and the illness that he has suffered. Without this presumption, the Quebec action brought in 2012 would have been more difficult.
At the Court of Appeal hearing on Thursday, major cigarette manufacturers prosecuted,Imperial Tobacco, JTI-Macdonald and Rothmans-Benson & Hedges reiterated that this law prevents them from having a fair and equitable trial. " We're going to have a rigged trial», Pleaded Me Simon Potter who represents Rothmans-Benson & Hedges. "The dice are stacked».
«No, they are decided by the legislator", However, retorted Judge Manon Savard of the Court of Appeal. Tobacco companies claim to be "handcuffed" and not be able to fully defend themselves.
In their view, especially through the presumption that assists the government to prove itself, the Quebec legislation has had the effect of eliminating the protections contained in the Charter which provide for the right to "a public and impartial hearing by an independent tribunal". And she reduces their defenses, they argue. "A presumption is imposed on me and I am deprived of the means of proof to refute itAdded Eric Préfontaine, lawyer for Imperial Tobacco.
On the contrary, the Attorney General of Quebec says that the law aims to restore a certain balance and that the legislator has the right to change the rules. "This is the principle of equality of arms", Illustrated Benoît Belleau. " And the Quebec government must still prove the fault of tobacco companies" , he added.
According to the Government, the companies made false representations by failing to inform consumers about the danger of smoking and they would have acted deliberately, and in a concerted manner, so as to deceive smokers and especially young people.
The Court of Appeal will render its judgment later.
At the beginning of the month, as part of a class action, tobacco manufacturers were ordered to pay more than $ 15 billion to Quebec smokers. The court found that the tobacco companies committed several mistakes, including causing harm to others and failing to inform their customers of the risks and dangers of their products.
«Companies have reaped billions of dollars at the expense of lungs, throats and the general well-being of their customersReads Judge Brian Riordan of the Superior Court, which will undoubtedly be used by the Quebec government to prove the fault of cigarette manufacturers.
The companies immediately indicated that they would appeal this judgment. It argues that adult consumers and governments were aware of the risks associated with smoking for decades, an argument that they also make to dismiss the Quebec action.
Several other provinces have laws to prosecute tobacco companies. British Columbia's law, which is similar but not identical to that of Quebec, has been found by the Supreme Court of Canada to be constitutional in 2005.
Source : Journalmetro.com
