Historic Quebec lawsuit against cigarette makers back in
court
'I'm sad for my father. He was killed by what he liked the
most, which was smoking,' says Martin Blais
22
September 2014
By
David Common
Closing arguments in a historic class-action lawsuit
against three tobacco companies began today in Quebec Superior Court.
Two groups representing a total of
about one million Canadian smokers are seeking $17.8 billion
from Imperial Tobacco, JTI-MacDonald, and Rothmans, Benson & Hedges.
The lawsuit originally sought $27-billion and was
deemed the largest class-action case in Canadian history.
The legal proceedings began in March
2012, 13 years after the class action was initiated by two groups
representing Canadian smokers.
One group involves individuals who
have become seriously ill from smoking, and members of the other group say they
are unable to quit smoking.
The groups allege the companies:
·
Failed to properly warn their
customers about the dangers of smoking.
·
Underestimated evidence relating to
the harmful effects of tobacco.
·
Engaged in unscrupulous marketing.
·
Destroyed documents.
Cecilia Letourneau, lead plaintiff
for Canadian claiming they were unable to quit smoking, accused the companies
of keeping her addicted. “What I thought was my free choice was in fact
programmed by an industry that wanted to keep me captive,” she said.
Jean-Yves Blais's legacy
Jean-Yves Blais, who initiated the lawsuit
on behalf of smokers who developed serious illnesses, died in the summer of
2012 from lung cancer. He was 68. His family said the possibility of an
end to the legal saga is welcome news. Blais died after having smoked since the
1950s and failing several times to quit. His son Martin and widow Lise attended
the proceedings Monday.
Lise Blais said her husband would
try to give up the habit but would invariably be lured by the towering presence
of cigarettes on the shelves whenever he walked into a convenience store. With
what little energy he had left in his final days, Jean-Yves Blais remained
passionate about the court case, his son said.
"I'm sad for my father. He
was killed by what he liked the most, which was smoking," said Martin
Blais. "And it's sad that he died doing something he liked."
It took 14 years for the case to
reach trial, with proceedings repeatedly slowed by motions and appeals by
tobacco industry lawyers. "It has been a very long road, but at the same
time, that's the time it took to make the evidence in the trial and present all
we had to say to the judge," said Mario Bujold, executive-director of the
Quebec Council on Tobacco and Health.
"It was long, it was really
long for the victims. Many of them died during the trial. I think that's the
saddest thing — justice takes time, but we're near the end, so we're happy
about that."
Long road
There have been 90 judgments
rendered in the case over the years, with 78 witnesses taking the stand in 234
days of testimony since 2012. Bujold said the evidence suggests to his group
that the companies conspired to keep quiet about the health effects of tobacco
use for more than 40 years.
The closing arguments are expected
to last several weeks and a decision from Quebec Superior Court Justice Brian
Riordan isn't expected for some time.
Aware that more appeals are likely,
Bujold said lawyers for the plaintiffs are asking for a judgment that could, in
part, be applied immediately.
Some 27,000 documents were filed as
exhibits, including many confidential company memos and studies that showed
people didn't know or understand the health risks relating to smoking. But the
industry has argued people knew about smoking-related risks smoking and that
the products were sold legally and with federal government approval. "People
knew about the health risks associated with smoking for many decades and the
federal government who licensed and enabled us to sell those products knew
about those health risks for many decades," said Éric Gagnon, spokesman
for Imperial Tobacco Canada, when asked to sum up his firm's arguments.
"So we don't believe that the
tobacco industry should be held responsible for personal choices that people
made, knowing there were health risks associated with smoking," Gagnon
said.
