Bill C-8 does not include in-transit goods as part of the “in scope” activities the Canadian Border Services Agency would be looking at. We think this is appropriate; we're not in favour of expanding those powers beyond the scope of the current bill.
Pharmaceuticals trade around the world. Many companies, brand name and generic, buy inputs from around the world, manufacture in one location, and package and distribute in others. In some cases, trademarks law and patent law can be different. If the product is not coming into Canada for sale in Canada, then asking the Canadian Border Services to interpret the product according to Canadian law is inappropriate, and has led in the past, as you indicated—in Europe in particular—to seizure of legitimate products, delays of those products, extra costs, and uncertainty, and in some cases has resulted in companies changing the way they distribute products. I don't think that's the intent here.
We support Bill C-8 in that regard and would not recommend any change.