Mr. Speaker, I raise a question of privilege relating to a matter that arose in question period relating to the purchase of medications that are covered by the Patent Act, a law that has been passed by the House and which sets forth regulations. Some of my colleagues do not agree with the content of the law, but they would agree that the law has been passed by parliament and must be respected by all Canadians, cabinet ministers among others.
During question period it was revealed that the Department of Health did not make an application to the commission under section 19(1) before purchasing from Apotex. That, Sir, is a breach of the law. An application made after the fact does not cover the requirement of the law to make an application before the fact. It is a breach of the law.
Also, the government did not have the commission inform Bayer, the company whose rights are established and protected under the law passed by this parliament. That was not done before the purchase from Apotex as is required by the law of this parliament. That is a breach of the law of this parliament.