Still no action on provincial tobacco suit

Saskatchewan marked World No Tobacco Day Tuesday, but after nearly five years there is still no provincial lawsuit brought against tobacco companies.

In 2006, the previous NDP government - with the support of the Saskatchewan Party Opposition - passed enabling legislation allowing the province to sue tobacco companies for health care costs associated with smoking.

In 2009, Sask. Party Health Minister Don McMorris said the government was likely a month away from deciding whether to go ahead with the suit, but there has been no action since then.

NDP MLA Frank Quennell, who was justice minister when the enabling legislation was passed, is frustrated nothing has happened.

"With every passing year my skepticism grows that the Sask. Party is not committed to the litigation and will just drag its feet and not do anything," he said in an interview.

Provinces have taken their cue from American states that won billions from tobacco companies in settlements after launching legal action.

Rob Cunningham, a senior policy analyst with the Canadian Cancer Society, said all 10 provinces, plus Nunavut, have passed enabling legislation allowing them to sue.

British Columbia was the first to file suit, followed by New Brunswick, Ontario and Newfoundland and Labrador. Alberta, Manitoba and Quebec have indicated they will take legal action as well.

Each province has filed individual lawsuits. Cunningham said the fact there is "clear national momentum" on the issue, with large provinces signing on, makes it less essential that smaller provinces have lawsuits immediately filed.

"Some of them are still working on some preliminary issues, but things are going to accelerate as some of the preliminary issues get resolved," he said.

He noted in the United States, there were four "pioneer" states that led the way in filing suit and settling.

While all states ultimately received settlements, some only launched suits at the last minute and some not at all, he said.

"The court processes unfortunately take time but provinces are sticking with it and there will be some significant benefits at the end of the day," said Cunningham, who is also a lawyer.

McMorris was not available to comment Tuesday. More than a year ago, he told The StarPhoenix that issues dealing with working with other provinces, what law firms would be involved and timing had delayed a decision.

Darryl Brown, Crown counsel with the civil law branch of the Justice Ministry, said the province continues to talk with other provinces and monitor the course of their tobacco lawsuits.

Quennell noted the NDP and Sask. Party had agreed a provincial lawsuit could not proceed without large provinces being involved, but with both Ontario and B.C. suing the companies, there is now critical mass.

"There is an advantage to working with other provinces . . . in our view there is no reason to be waiting any longer," he said.

According to the most recent statistics available, Saskatchewan has a higher rate of smoking than the national average.