Bill C-398 (Historical)

An Act to amend the Patent Act (drugs for international humanitarian purposes)

This enactment amends the Patent Act to make it easier to manufacture and export pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.

Patent Act

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I am pleased to table four separate petitions in the House today with hundreds of signatures all addressing the same pressing issue, the need for the House to adopt Bill C-398 on an urgent basis so as to facilitate the immediate and sustainable flow of lifesaving generic medicines to developing countries.

As members will recall, an earlier iteration of the bill was brought forward by my former colleague Judy Wasylycia-Leis, and although it passed in the democratically elected House of Commons, it died in the unelected Senate. Frankly, it was a disgrace.

As the petitioners remind us, in sub-Saharan Africa grandmothers are burying their adult children and caring for many of the 15 million children who have been left orphaned by treatable diseases such as HIV-AIDS, TB and malaria.

We have the ability to help. There is no cost to taxpayers. Let us get the job done.

Access to Medicines

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, I table a petition today from constituents in my riding, calling on the House to pass Bill C-398 without significant amendment and to facilitate the immediate and substantial flow of life-saving generic medicines to developing countries.

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, I am pleased today to present this petition from constituents in my riding who are asking that the House of Commons pass C-398, without significant amendment, to facilitate the immediate flow of generic medicines to developed countries.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I have received several petitions, mostly from constituents in my riding but also from some surrounding ridings, relating to Bill C-398, the private member's bill that continues the work of Bill C-393, which was dealt with in the last Parliament, on the subject of Canada's access to a medicines regime designed to provide medicines relating, in particular, to malaria, tuberculosis and HIV-AIDS for use in developing countries.

The Grandmothers' Advocacy Network is focusing on the need for these medicines in Sub-Saharan Africa and ask members of Parliament to support Bill C-398.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I rise to present a petition on behalf of constituents in my riding who support the work of the Grandmothers Advocacy Network. The petition indicates that in sub-Saharan Africa, AIDS still remains a killer of young women and children and that access to AIDS medication continues to be a huge problem. In this country, Canada's access to medicines regime was intended to provide affordable, lifesaving generic medicines, but it is unnecessarily complex. It has only been used once since 2004 and is not likely to be used again in its current form. Therefore, the petitioners call on Parliament to pass Bill C-398 to facilitate the immediate and sustainable flow of lifesaving generic medicines to developing countries.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I am pleased to present a petition from the Grandmothers' Advocacy Network. They have secured 177 signatures from Toronto calling for the adoption of Bill C-398, which is currently before the House, with respect to facilitating better access to needed drugs in developing countries.

The grandmothers point out that their sister grandmothers are burying their adult children and caring for many of the 15 million children who have been left orphaned by AIDS around the world, especially in sub-Saharan Africa.

Therefore, the petitioners call upon the House to pass Bill C-398 without significant amendment to facilitate the immediate and sustainable flow of life-saving generic medicines to developing countries.

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, the second petition is from a group of grandmothers, advocacy groups and others from the Tantramar area of my riding from Sackville, New Brunswick. They call upon the government and the House to adopt Bill C-398 to ensure that generic medicines are available to those most in need, particularly in African countries.

I think it is important that the House consider this petition favourably.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, my second petition is also from folks in my riding, in Procter, Nelson and other areas, supporting Bill C-398.

The petitioners say that because of the devastation AIDS has caused in Africa, they call upon the House of Commons, without significant amendment, to facilitate the immediate and sustainable flow of life-saving generic medicines to developing countries.

International Co-operation

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, in 2011, the House voted for a bill aimed at fixing Canada's Access to Medicines Regime, but the bill died in the Senate.

Now with Bill C-398, we have a new opportunity to help developing countries access the medicines they need. MPs from all parties will be at a rally on the Hill Thursday in support of access to medicine.

Will the Minister of International Cooperation join MPs, the grandmothers and concerned Canadians on Thursday?

Health

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, the second petition is from a group of grandmothers and others from the Tantramar area of my constituency, around Sackville, who are very concerned about access to life-saving generic medicines in Africa and other developing countries.

The petitioners are calling upon Parliament to support Bill C-398 which, in my view, would do a great deal to encourage Canadians to support these people in very difficult circumstances.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I rise to present four petitions today.

The first petition calls upon the House of Commons to pass Bill C-398 without significant amendments to facilitate the immediate and sustainable flow of life-saving generic medicines to developing countries.

The Grandmothers Advocacy Network has been hard at work gathering signatures.

Access to Medicines

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Mr. Speaker, I am honoured to rise today to present a petition signed by over 700 people from my riding of Wellington—Halton Hills.

The petitioners live in and around, I should add, my riding of Wellington—Halton Hills. They are calling on the House to pass Bill C-398 which would facilitate the distribution of generic medicines to developing countries in Africa.

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, I am pleased to rise in the House to present two petitions.

The first comes to us from a group in the Sackville area, which is in my riding, Tantramar.

It is a group of grandmothers and others who are petitioning this House with respect to the access to medicines regime and the private member's bill that was introduced, Bill C-398.

The petitioners are calling on the House to support this legislation, and it is certainly something I intend to do at the appropriate moment.

Patent Act

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I rise today to address Bill C-398, an act to amend the Patent Act, drugs for international humanitarian purposes. Unfortunately, even though we have heard a lot of discussion tonight, this bill would make Canada's Access to Medicines Regime unworkable and would not address the real challenges that face those suffering from disease.

Every member of the House shares a deep concern for the millions who are suffering from grave public health crises in the developing world. The statistics from the World Health Organization quite honestly are tragic. Nearly one million people, most of them children under the age of five years, die of malaria annually. Globally, more than 5,000 people die of AIDS every day. As Canadians, we will continue to do our part to make a difference. Our government has an approach that works to fight these diseases internationally.

The Canadian government has proven to be a global leader and highly active international partner in the fight against HIV-AIDS, TB and malaria. In addition to our continued support of Canada's Access to Medicines Regime as an avenue to access Canadian-made generic drugs, our government has been a key contributor to global efforts to supply low cost drugs to millions of people in need.

For instance, Canada has contributed $540 million to the Global Fund to Fight AIDS, Tuberculosis and Malaria for 2011-13. The global fund disburses funding for programs that reduce the impact of HIV-AIDS, tuberculosis and malaria in low and middle-income countries. It has become one of the most significant factors in the fight against these diseases, treating 3.6 million people with HIV-AIDS, treating 9.3 million people with tuberculosis and distributing 270 million nets to prevent the spread of malaria.

Canada has a clear plan and a proven track record that is producing tangible results for public health in low and middle-income countries. Canada's substantial financial support through international partners has vastly improved access to treatment and health care delivery. Over 6.6 million people were receiving drug treatment for HIV-AIDS in Africa in 2010. That is over 23 times as many as the 280,000 who were receiving such treatment in 2002, just 10 years ago. In 2010, over 7.7 million people were receiving treatment for TB. That is 4 times as many as the 1.7 million who were receiving it in 2000.

Other major Canadian commitments include $450 million over 10 years to the Africa health systems initiative to ensure facilities and expertise are in place to make effective use of medicines. We have provided $149 million to the Global Drug Facility to stop tuberculosis, which has delivered more than 20 million treatments in 93 countries. Above all, Canada has been a leader in mobilizing global action by providing a total contribution of $2.85 billion to improve child and maternal health.

Of all the countries that have put in place an access to medicines regime, Canada is the only country to successfully use its regime to export drugs to a developing country. It took the government just two weeks to grant Apotex Inc., a Canadian generic pharmaceutical company, a license to export an HIV-AIDS drug to Rwanda. Canada's access to medicines regime, with the appropriate safeguards in place, ensured that high quality Canadian generic drugs reached those who needed them most. Rwanda now has one of the highest rates of antiretroviral coverage at almost 90% and HIV prevalence is now below 3% of the general population of Rwanda.

While we have made great strides in combatting these public health problems, we are not done. This bill, while laudable in its objectives, will not increase participation in Canada's access to medicines regime. Changing the regime will not change the fact that other avenues are used to procure low-cost drugs for low and middle income countries, such as the global fund to which Canada is a very strong contributor.

Some of the countries are able to find low-cost sources of generic medicines in the market, for instance, from producers in emerging markets such as India, which supplies an estimated 80% of donor-funded antiretrovirals to developing countries without needing to draw on Canada's access to medicines regime.

The Canadian regime can and will assist in the international supply of low-cost drugs only if there is an external demand for a Canadian generic drug.

This bill does not address the issues underlying the pressing health needs of the developing world. For many, changing patent rules for drugs is not the most relevant issue. In fact, more than 95% of the drugs that are sought are not patent-protected. Conditions such as poverty in developing countries are more significant obstacles to acquiring pharmaceuticals and appropriate health care.

We have heard testimony from a variety of witnesses with detailed knowledge of public health issues in the developing world. They would agree that continued investment is needed to strengthen national health systems, including human resources, technology and basic health infrastructure. The changes proposed by Bill C-398 would not make progress on these underlying issues.

In fact, Bill C-398 would remove essential safeguards. The bill would allow a generic manufacturer to export an unlimited amount of its drug. It would remove mandatory safety reviews by Health Canada, and it would reduce the transparency of the system. Bill C-398 would risk exported drugs being diverted back to richer, developed country markets.

This bill's approach is not in keeping with the World Trade Organization decision upon which Canada's access to medicines regime is based. It would undermine our trade relationships and reduce our access to key international research partnerships to help fight these very diseases.

In addition, by removing the key checks and balances of the regime, the bill could hinder continued pharmaceutical investment and growth in Canada.

Canada's access to medicines regime has an important role to play in providing access to cheaper generic drugs in developing nations, but it is just one tool among many. We will continue to encourage those in need to use the system and stand ready to respond to a request from any country in need that notifies us of its intention to import drugs.

We remain deeply committed to pursuing our comprehensive approach, providing Canadian leadership in the fight against disease and working to raise health care standards in the developing world.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I rise to support the Bill C-398. I will start by giving some context to this bill. Then I will build on what has already been mentioned.

I want to discuss where this bill will matter the most, and that is in places like Africa. In fact, it is where the Prime Minister just visited, the Democratic Republic of Congo. I was there a couple of years ago to see some of the projects that had been funded by the World Bank. One of the projects I remember well was the HIV testing labs that had been set up. This was a good project. It was one that allowed people access to testing for HIV-AIDS and other diseases. Particularly important, was that access to testing there had been elusive and the capacity was set up. This is important because this is part of the bill that people have critiqued before, the capacity on the ground and that some might interfere.

I was able to see the testing being done with modern equipment. Testing all people was very successful, young people, men and women, and it was done in a way that we would see here. There was the same standard of anonymous testing that allowed people to be tested without stigma, which has been a huge problem during the years that people have been fighting this disease and others.

I was then taken to a warehouse, which Canada in the past had been helping out, where medicines were stored. That warehouse was half empty. This was the place where the medicines were stored for the people who had been tested and identified as having the HIV virus, in some cases full blown AIDS and other diseases were reliant upon. I was stunned. I was there with members of Parliament from other countries and asked where all the medicines were. They said that they could not get any. I asked why not and they said that was the problem with the system, that they could not get any because there were problems with patent barriers and getting safe drugs.

I will never forget it because we essentially gave people false hope. We gave them the indication that we were going to be helping them out, fortifying their health system and ensuring that people who we wanted to help were going to be identified first. We all know that without the next step, without providing treatment, we are essentially giving people notification of a death sentence. We are not there to help them. In fact we are there to say, “Here you are, here is your death sentence”, and walk away from them. That is what I saw on the ground in the Congo. That story is happening right across the developing world. We can do something about that. This bill is about that.

We can talk, and I will, about compliance, what happens with the WTO. This is about standards and ensuring there will be requirements in this bill to ensure we are going to follow the highest standards we have in place and not jeopardize the pharmaceutical, generic or research companies. We will be saying that a kid in the Congo will get the same access as my son would get, or a woman with HIV-AIDS in any part of the developing world will have the same access as my sister or nieces. That is what this is about. Fundamentally, this is about social justice. That is why so many people are in favour of it.

When we passed the bill in the House, I was very proud to be the author of the bill. However, it was not about me. It was about many people in the House who saw the value of working together as members of Parliament to make a difference for people in the rest of the world, in particular, the people in two-thirds of the world who live in poverty. It was a proud moment for me. I saw members of the Conservative Party working with members of the Liberal Party, the Bloc and New Democrats. It was a very proud day.

I would like to re-energize the House on this bill again. For those who might have some questions, let us talk about it. Let us see how we can make this work.

As was mentioned already, when the bill was first passed, it was a great idea. However, looking at the record, we were unable to get the drugs to those countries that needed them because of the barriers. Rwanda tried once, but there were too many barriers and it would not do it again.

This is analogous to getting oneself, or someone in one's family, a prescription for a life-saving medicine, but each time a pill is needed, one has to go back to the doctor, get the prescription, go to the store again and one may not even have money to buy it. This is what we are talking about, but on a national scale.

The bill would refine the process to have one licence. Therefore, once there is an arrangement between a country, ourselves and industry, it is done.

Do we monitor? Absolutely, and those provisions have been talked about. Do we make sure there is quality? Yes, no question about it. Who would want to jeopardize the quality of Canadian drugs?

One of the stories we heard today was from a senator who had been to Uganda. It was a very touching story about a pen pal of her grandson who she went to meet on a regular basis in Uganda. This past year she went to meet with this young boy, who is younger than my son who turns 14 today, and it was for the last time. She could not meet with him because he did not have access to safe malaria drugs in Uganda. This is the real world now and this bill could deal with that.

There are so many stories. There are stories of women who have been tested and have been told they can be helped. They could be given first-line treatment and if that did not work, then they could go to the second-line treatment. On this file, things have not stayed static, some things are fluid, and that is another important point.

We have fought the fight against HIV-AIDS and we have won many battles. We have not found the cure, but we have been able to manage the disease. However, as members know, over time the virus adapts to some of these medicines, so we need to have second and third-line regimes, or different combinations of drugs. The bill deals with this as well and it is crucial for the people we have helped in the past to stay alive.

For my friend for Peace River, let us talk. Anyone on that side who has a concern, let us sit down and talk. We have been talking to industry and this is something we can do. There are so many people who are counting on us to do this. This is not the time to turn away. It is not about partisanship. This is about reaching out to each other to help people somewhere else.

I am so damn proud of what the House did before. I saw Conservative members and people from all parts of Canada come together, faith communities particularly, standing up to say that they were going to do something to help their fellow men, women and children. They did not want to talk about it; they wanted do it. Fundamentally, that is what the bill is about and that is why I support it.

We need to talk about the issues so we can solve the problem. When I go back to Congo with any member of Parliament and we go to that warehouse after people have been tested, we will not see an empty warehouse. We will see it full. We will see people being taken care of. When we are asked, we can say that we stood up, we were there for people and we made a difference.