FRANCAIS

March 16, 2006

Proposed legislation that would help government hold multi-national tobacco companies accountable through the courts was introduced today by Health Minister Tim Sale.

"The tobacco industry has been responsible for enormous health-care costs associated with tobacco-related diseases, whether from smoking, using tobacco or being exposed to second-hand smoke," said Sale. "For many years, Manitoba has been a leader in the fight to reduce tobacco use. This new legislation continues our efforts to promote the health of Manitobans and prevent tobacco-related illnesses."

The proposed Tobacco Damages and Health Care Costs Recovery Act would:

·         give the government a direct and distinct action against a manufacturer of tobacco products to recover the costs of health-care benefits for tobacco-related illnesses,

·         allow government to claim for both past and reasonably-expected future costs of health care needed because of tobacco-related illnesses,

·         allow the government to file a lawsuit on behalf of one person or all of the people affected by a tobacco-related illness, and

·         ensure the definition of manufacturer captures tobacco companies that are resident in other jurisdictions but sell in Manitoba.

"This legislation is an important part of our broader strategy for the control and reduction of tobacco use," said Oswald. "We will continue our work to reduce the devastating effects of tobacco on the health and well-being of Manitobans."

Similar legislation has been introduced in British Columbia, Newfoundland and Labrador, New Brunswick, and Nova Scotia. Once the proposed legislation has been proclaimed, the government would have two years to begin a lawsuit.

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BACKGROUND INFORMATION

TOBACCO-RELATED ILLNESSES PROPOSED LEGISLATION

• Four provinces have already introduced similar legislation – British Columbia, Nova Scotia, New Brunswick and Newfoundland.
• The Government of British Columbia is currently engaged in a lawsuit against the major tobacco companies that market or have marketed tobacco products in B.C.
• The legislation underpinning the law suit was challenged by the tobacco companies through the courts. In September 2005, the Supreme Court of Canada found the B.C. act to be constitutional in a unanimous (nine to zero) decision. Manitoba acted as an intervener in that action (Imperial Tobacco Canada Ltd. vs. British Columbia).
• There have been a large number of actions in the United States against the tobacco industry to hold them accountable for the loss suffered by the state in paying for health-care costs.
• Smoking is the single most serious public-health problem in Canada, killing more Canadians than car accidents, murders, suicides and alcohol combined.
• This year, tobacco will kill about 2,000 Manitobans. Every year, more than 45,000 Canadians die as a result of disease and illness caused by tobacco use.
• Approximately 240,000 Manitobans are smokers. Over five million Canadians use tobacco products, 82 per cent of whom are daily smokers.
• 1.06 billion cigarettes were sold in Manitoba in 2004 (down from 3.1 billion in 1980).
• The smoking rate for Manitobans aged 15 to 19 is 16 per cent, down from 28 per cent in 2001. (Statistics Canada report for the first half of 2005)
• Smoking is a known or probable cause of death from cancers of the oral cavity, larynx, lung, esophagus, bladder, pancreas, renal pelvis, stomach and cervix.
• Smoking is also a cause of heart disease, stroke, peripheral vascular disease, chronic obstructive lung diseases and other respiratory diseases, low birth-weight babies and a probable cause of peptic ulcer disease, unsuccessful pregnancies and increased infant mortality including sudden infant death syndrome (SIDS).
• Tobacco use costs the health-care system nationally in excess of $3 billion every year. Manitoba estimates place the health-care cost to the province of tobacco use in the hundreds of millions of dollars.
• Lost productivity of a smoking employee is more than $2,500 a year, with the total economic burden to Canadian society rising to $15 billion a year.
• The tobacco industry has never placed any voluntary restrictions on the promotion of its product including in locations close to schools. On the contrary, the industry increased its point-of-sale promotions budget in Canada to $88 million in 2003 from $77 million in 2002. 
• Manitoba has introduced several initiatives to curb tobacco use including:

§         The Provincial Tobacco Control Strategy was initiated in January 2002.

§         On Oct. 1, 2004, a provincewide smoking ban was implemented in enclosed public and indoor workplaces, where the government has clear jurisdiction.

§         The Non-Smokers Health Protection Act also restricts the display, advertising and promotion of tobacco and tobacco-related products.

§         The mass-media campaign, Review and Rate program, has successfully run for two years in a row, involving 30,000 students per year.

§         Taxation policies that are designed as economic disincentives to tobacco use.

§         Since April 2003, tobacco enforcement officers have been providing tobacco retailers throughout the province with A Retailer Toolkit for Tobacco Sales to help identify customers purchasing tobacco products who may be under the age of 18 years.

§         Since 2003, the Manitoba Lung Association has been engaged to deliver a teen cessation program called NOT (Not on Tobacco). Thirty-five per cent of students quit smoking by the end of the 10-week program.

§         Through the Tobacco Learning Resource Initiative (TLRI), curriculum-based tobacco education resources are being developed to be used in Manitoba classrooms.

§         In co-operation with the Canadian Cancer Society and Health Canada, a 1-800 smokers help line has been established in Manitoba, 1-877-513-5333.