NLIS 2
April 12, 2000
(Justice)
(Health and Community Services)

Government to proceed with tobacco legislation

Justice Minister Kelvin Parsons and Health and Community Services Minister Roger Grimes today announced government�s intention to proceed with legislative changes to pursue legal action against tobacco companies.

"This is a new area of liability and civil litigation," said Minister Parsons. "It is important that we have the proper statutory framework in place in order to initiate action."

"That is why this province is closely monitoring the progress of legislation in British Columbia," said Minister Parsons, referring to that province�s proposed Tobacco Damages and Health Care Costs Recovery Act. "The Government of British Columbia is on the cutting edge of this type of legislation and we plan to review B.C.�s amended legislation prior to finalizing legislation in this province."

Minister Parsons said the Department of Justice intends to work closely with the Government of British Columbia with regard to both legislation and research. "In fact, we are entering into a collaboration agreement with B.C. to share research in this matter. This will benefit both provinces."

Minister Grimes said he was pleased that government was proceeding in this matter. "This administration made a commitment to recoup from tobacco manufacturers the costs associated with providing health care to persons impacted by tobacco use. Today�s announcement is a necessary next step in fulfilling that commitment."

Minister Grimes said legislative support for legal action against tobacco companies is part of government�s overall, comprehensive tobacco reduction strategy aimed at reducing the impacts and incidence of smoking. "Smoking has had a terrible social and economic impact on our province. It is time that we work toward reversing both trends."

Minister Parsons also announced that the Government of Newfoundland and Labrador has retained Dennis Browne, Q.C., Graham Watton, Q.C., and Jamie Smith as legal consultants to assist in the development of legislation and act on government�s behalf in any litigation against tobacco manufacturers.

"With the assistance and advice of counsel, government will plan and execute a strategy to recoup the hundreds of millions of dollars tobacco has cost this province in health care dollars," said Minister Parsons.

Minister Parsons said the Department of Justice and the Department of Health and Community Services will form an instructing committee. This committee, comprised of senior officials from both departments, will provide guidance and advice to the legal team.

Media contact:

Lynn Barter
Department of Justice
(709) 729-0084

Carl Cooper
Department of Health and Community Services
(709) 729-1377

2000 04 12 11:45 a.m.

BACKGROUNDER

Health initiatives to reduce tobacco smoking
in Newfoundland and Labrador

• On January 28, 1999, government announced the establishment of the Provincial Tobacco Reduction Coalition, now called the Alliance for the Control or Tobacco (ACT). ACT formed with the knowledge that to be truly productive against the complex and multi-faceted nature of the tobacco epidemic and to effectively counteract the tactics of the tobacco industry directly would require a coordinated effort, a strategic plan and dedicated financial resources. ACT�s mandate was to develop and implement a comprehensive tobacco reduction strategy for the province. To this end, government committed $900,000 over a three-year period beginning in 1999.

• On May 11, 1999, government introduced legislation to amend the Tobacco Control Act for the licensing of wholesale and retail vendors of tobacco products. With the new amendment, all tobacco vendors are required to have a licence to sell tobacco. The licence is free of charge and its intent is to deter those who are selling tobacco to our youth. If a vendor breaks the law by selling tobacco to a youth under 19 years of age, the licence can be suspended.

• On November 18, 1999, government announced the formation of a Teen Tobacco Team to give young people in this province a voice on how to tackle tobacco issues. The team, made up of representatives of all areas of the province, is working with the Department of Health and Community Services and the Alliance for the Control of Tobacco to provide input and consultation in developing a Youth Tobacco Strategy for the province. The team members have been active in their own communities, and launched a poster province-wide during National Non-smoking Week in January 2000 to promote their cause.

• On November 29, 1999, government and ACT launched the Provincial Tobacco Reduction Strategy. The strategy has four main goals:

  Prevention;
  Protection;
  Cessation; and
  Denormalization.

  Education is seen as a key strategic direction to ensure all sectors are aware of the benefits of a healthy lifestyle and the negative consequences of tobacco use. The strategy also outlines directions concerning legislation, enforcement, and community support programs.

• As part of educating the public on the poor effects of smoking, ACT and government will launch a multi-media campaign by the summer of 2000.

• Government is also continuing with work to amend the Smoke-Free Environment Act and the Tobacco Control Act. In addition, government maintains support of programs like "Heart Health" in the province which aim, among other things, to reduce smoking.

Health implications of tobacco use and
related costs in Newfoundland and Labrador

• A national study carried out by Murray Kaiserman of the Health Protection Branch of Health Canada in 1991 revealed that smoking in Canada accounted for an estimated $2.5 billion in health care costs, $1.5 billion for residential care costs, $2 billion from workers� absenteeism and $10.5 billion in lost future earnings. This totals $16.5 billion for Canada.

• The Newfoundland and Labrador Division of the Canadian Cancer Society has taken Kaiserman�s 1991 study and approximated the figures for this province based on population. The results show total estimated tobacco costs in this province in the hundreds of millions of dollars, including residential care costs; increased worker absenteeism; fires caused by smoking; lost future earning of deceased smokers; and direct smoking health care costs.

• The Department of Health and Community Services is continuing to work on actual health-related costs by specific disease. This is based on the percentage of the disease directly or indirectly related to the actual use of tobacco. Some diseases, like mouth cancer, are highly associated with smoking whereas others are only partially affected by the use of tobacco.

• Initial estimates indicate that tens of millions of dollars in hospital, drug and physician/nurse costs is spent in this province each year to treat people who have become ill due to smoking cigarettes, being exposed to second hand smoke or using other tobacco products.

(The following statistics were prepared by the Newfoundland and Labrador Division of the Canadian Cancer Society and are based on approximation of Canadian figures.)

• 32 per cent of the population 15 and over smoke daily in Newfoundland and Labrador

• 22 per cent of youth smoke daily in this province

• It is estimated that smoking kills 1000 Newfoundlanders and Labradorians each year, and 45,000 Canadians.

• Deaths from smoking in this province are divided between lung cancer (about 350 people per year); heart disease (about 350 people per year); respiratory diseases (about 175 people per year); and other cancers (about 100 people per year).

• One half of smokers will die from their habit and will lose, on average, 15 years of life

• Smoking causes 20 per cent of all deaths and 90 per cent of all preventable deaths in Newfoundland and Labrador

• Smoking kills three times as many Newfoundlanders and Labradorians as alcohol, AIDS, illicit drugs, car accidents, suicides and murders combined

• Children are particularly vulnerable to second hand smoke which is responsible for an estimated 8,000 episodes of childhood sickness in this province every year. (820 asthma cases, 2300 ear infections, 960 lung infections like bronchitis and pneumonia, and 3300 physician visits for cough)

•  85 per cent of smokers begin smoking before they are 16 years old; 25 per cent begin before they are 13

• Nicotine is said to be more addictive than alcohol, cocaine and heroin

• 4,500 children in Newfoundland and Labrador start smoking every year