National Post

Tobacco industry strikes at B.C. bill

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'UNCONSTITUTIONAL'
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By Mark Hume

VANCOUVER - In an attempt to head off a massive damage suit by the government, the tobacco industry will go to the Supreme Court of British Columbia today to try and strike down a key piece of provincial legislation.

In challenging the constitutionality of the Tobacco Damages and Health Care Costs Recovery Act, RJR-Macdonald Corp. is attempting to undermine the foundation of the B.C. government's attempt to sue the tobacco industry to recover health costs.

B.C. became the first province to sue for health costs related to disease caused by cigarette smoking when it filed a lawsuit against Canadian tobacco companies las November. That case is expected to go to trial later this fall - but first the courts must rule on the challenge to the provincial legislation.

"We're asking that the bill be struck down as unconstitutional," said Dave Laundy, vice-president of the Canadian Tobacco Manufacturers' Council.

Mr. Laundy said the bill was brought in by the government simply to help its suit against Canadian tobacco companies.

But he says the government constructed the legislation in a way meant to tilt things in its favor.

"The Act gives the B.C. provincial government the power to accuse and judge at the same time: states a legal position paper by RJR-Macdonald Corp.