Mr. Speaker, unfortunately, I did not have the opportunity to take part in this debate lately. I was at the Standing Committee on Industry, Science and Technology, which is studying other issues. It will be impossible for me to make a long speech, of course, but I have a few questions for my colleague from Winnipeg—Transcona.
I understand the frustration of the member. Of course the member will remember my work, not only in the House of Commons as a member who was elected in 1993, but also my role in 1995 on the Standing Committee on Scrutiny of Regulations when I single-handedly attempted to bring down the notice of compliance, which was not part and parcel of what the House of Commons had voted for, and the manner in which the industry committee had treated it in 1992 when we were dealing with Bill C-91.
I cannot very well go back and change what has occurred, but I would like to ask two specific questions of the member on where I believe the House of Commons can act with some force and decisiveness.
First, I will deal with the supreme court decision of 1998 which dealt with patented medicines and notice of compliance regulations. In that decision Justice Iacobucci said that section 55 of the Patent Act, which allows drug companies to claim an infringement and effectively maintain a 20 year patent period before allowing generic companies to make cheaper copies of new drugs, has been a question of contention.
The hon. justice suggested that
It would be manifestly unjust to subject generic producers to such a draconian regime without at least permitting them to protect themselves by reducing the length of the injunction and initiating the NOC process as early as possible.
I would like to hear the comments of the hon. member. This is an issue we can address and it is certainly on the table in terms of the bill. We know why Bill S-17 was concocted with respect to WTO.
Second, and the hon. member has touched on it with respect to South Africa, does he see an opportunity here for the government, in concert with parliamentarians, to allow a return to compulsory licensing to address the AIDS pandemic in Africa and other places around the world? More specifically, could the government, guided by CIDA, allow a return to compulsory licensing in order to bring down drug costs? That would be the Canadian way.