Yukon lagging behind when it comes to tobacco legislation

Anti-smoking advocates are urging the Yukon to lay the groundwork for a lawsuit against tobacco companies after a Quebec court decision ordered three tobacco companies to pay $15 billion in damages.

The decision, which came down last week, is designed to help Quebec cover health care costs associated with smoking.

Currently,Yukon is the only Canadian jurisdiction without legislation allowing it to launch a similar lawsuit for health care costs. All 10 provinces have launched lawsuits, and the Northwest Territories and Nunavut have passed legislation allowing them to do so.

Rob Cunningham, who is with the Canadian Cancer Society, says Yukon needs to get legislation in place.

"I'm not sure I understand the reasons why the Yukon, to date, has not moved in terms of the legislation at least," he says."A decision could always be made later [on] what is the appropriate point to actually file a lawsuit for the Yukon.But taking the initial step would be good."

According to Cunningham, the Quebec decision shows these cases can be won.

"It does enable the Yukon government, at any future point...you know, if things become especially ripe, to pull the trigger and file a lawsuit," he says."They don't have to worry about legislation being adopted, waiting for the legislative assembly to be in session, and so on."

Caitlin Kerwin, who is with Yukon's justice department, says that if the Yukon does decide to pursue a lawsuit, "then the first step would be passing legislation to facilitate it," but that she's "not aware of such a plan at this time."

The Government of Yukon's 2010 Tobacco Reduction Strategy states that the Yukon has the third highest smoking rates in Canada, behind Nunavut and the Northwest Territories. Over 33 per cent of Yukon residents over the age of 12 are daily smokers, according to the document.

A 2012 document produced by the Non-Smokers Rights Association says that the Yukon has the fifth-lowest cigarette prices in the country, behind Quebec, New Brunswick, Ontario, and Alberta.