Joe Fontana

[Patent Act, April 28th, 2004]

Mr. Speaker, with regard to Group No. 2, the amendments put forward by the member for Windsor West, I want to repeat that the committee members worked really well together and the spirit of the House of Commons and the members working together has not diminished anything at all.

I want to talk a little about the importance of the schedule in this bill. The schedule deals with the list of medicines that we are recommending. This is a list of pre-approved products that can treat HIV-AIDS, tuberculosis, malaria and other epidemics. This list will be inspired by the World Health Organization's list of essential medicines. The WHO list provides a sound guide to the most efficacious, safe and cost effective medicines for priority conditions in a basic health care system.

The decision to include such a list represents a compromise solution between those who wanted a narrow list of eligible medicines and those who wanted no list at all.

Some have suggested that this list is meant to exclude certain products. This is not the case. It is a tool to expedite the process of acquiring a compulsory licence for those products that have been found to be safe, effective and of high quality. The list is not set in stone.

The government recognizes the need for some flexibility in order to meet future demands of importing countries. For this reason, there are provisions in the bill to allow for the adding of products as necessary.

I think the member for Windsor West alluded to the fact that during the committee's clause by clause study of the bill a number of amendments put forward by himself and the government were to add to that list of medicines. We thank the hon. member for doing that and bringing those medicines to our attention.

However I want to also stress that medicines obviously will be approved in Canada over the next number of months and years. I want to tell the House of Commons that the bill contains a provision that an advisory committee will be created that will be composed primarily of experts and medical health practitioners who will make the recommendations to the government in this regard. I should note that the government is all ready, as I proposed amendments to schedule 1.

This is only the start of the process and it is a great start in terms of telling the world that Canada is prepared to embark on providing cheap medicines to those most in need and ensuring that those medicines get to the people. We have added products and the member has suggested one.

I might mention to the member and to the House that we as a government are prepared to support Motions Nos. 12, 13, 15, 16, 17, 19 and 20. I would like to say to the member that, unfortunately, at this point in time we cannot support Motion No. 14.

I only want to bring this to his attention, even though I gave him the assurance earlier this afternoon, that the fact that we are talking about this, the reference will be made immediately to Health Canada to look at these amendments a lot closer to ensure that these will be safe and will essentially do what the hon. member wants them to do.

For those who might be interested, let me explain why we cannot support Motions Nos. 14 and 18. Motion No. 14 deals with one therapy within a broad spectrum of antibiotic use to treat secondary bacterial infections. It is not necessary for the treatment of HIV, tuberculosis or malaria. This drug also does not figure on the WHO list of essential medicines and, therefore, it is not clear why this would be a preferred drug in this particular class.

As I said, the government cannot support that motion at this point in time but commits to referring the drug to the advisory committee at the earliest possible opportunity for its recommendation. I think I have already indicated the importance of that particular advisory committee.

With regard to Motion No. 18, it is also a broad spectrum antibiotic used to treat secondary bacterial infections. It is not necessary for the treatment of HIV, TB or malaria. This again does not figure into the list of essential medicines of the WHO.

We want to be clear. I think I indicated before that it is important for us to be very, very careful when we suggest that certain medicines be available, and be available for the purposes for which they are intended. As I indicated, while we can support all those other amendments, we cannot support Nos. 14 and 18. We will refer them to the advisory committee as quickly as possible so they can be added to the list once some due diligence has been done.

I again want to applaud and thank the member for Windsor West for providing us with the additional list of medicines, which we are happy to support and add to the schedule this evening.

[Patent Act, April 28th, 2004]

Madam Speaker, let me begin by saying that I think this is Canada's finest hour, and also Parliament's finest hour, because my colleagues who have spoken before me have all indicated how all political parties have been able to come together in the committee to bring forward at report stage this bill that has practically unanimous approval.

I thank my colleagues on the committee who have worked so hard to get it to this point. They realize, as the government realizes, that this is Canada, and that we will be the first country in the world to put forward legislation and hopefully implement it as quickly as possible so that the drugs can get to the people who are dying.

I want to say to the people who sometimes watch this place that Parliament does some fine work and committees do some fine work, and this most important piece of legislation is in fact an indication of how Parliament and all political parties, when there is a national consensus to move forward, can in fact do so.

In this House we debate many bills that have a profound impact on the day to day lives of Canadians. Rarely, though, do we have an opportunity to debate a bill with such potentially far reaching benefits for the world at large. This is the type of legislation of which Canadians rightly can be proud.

Through Bill C-9, we reaffirm our compassion and our commitment to being a leader in the international community. It seems that every day we in the developed world are beset with fresh and disturbing statistics on the scope and extent of public health problems affecting much of the developing world. These facts and figures are very nearly beyond comprehension. Nowhere is this more true than with the AIDS and HIV pandemic.

HIV-AIDS has torn apart families and has caused untold suffering in some of the poorest parts of the world. According to the World Health Organization, an estimated 40 million people are now living with HIV-AIDS, with 95% of them living in developing countries. An additional 14,000 infections occur each and every day. Last year alone, the disease claimed roughly three million lives worldwide.

HIV infection also fuels other epidemics of global concern, most notably tuberculosis, which has become the leading cause of death not only among people living with HIV but also among their HIV negative family members and contacts. One-third of the world's population is now infected with TB bacillus, with more than eight million people developing the active disease and two million dying each and every year.

As my hon. colleagues have already indicated, the situation is not without hope. We are seeing a renewed commitment and engagement around the world to address this global catastrophe. In June 2001, for example, the international community witnessed the creation of the UN's global fund to fight HIV-AIDS, tuberculosis and malaria.

In September 2003, we saw the launch of the World Health Organization's “three by five” strategy, which aims to provide three million people in developing countries with AIDS treatment by the end of 2005. As well, organizations such as the Clinton Foundation, an international AIDS trust, are raising awareness in North America and around the world. This is encouraging, but more needs to be done. That is why we must lead with our support for Bill C-9.

Again I want to thank the committee members. I know we are debating the technical amendments that may be required to make this bill even better, but let me set out in context what this bill really does.

As we know, the World Trade Organization, which is concerned with agreements on trade related aspects of intellectual property rights, otherwise known as TRIPS, set out these international rules relating to trade in intellectual property matters. TRIPS has traditionally placed a strong emphasis on the protection of private property rights. However, these are the provisions that allow members to adopt measures necessary to safeguard public health and promote the public interest.

Of particular relevance is article 31. This is the article that expressly allows members to override the rights of patent holders by licensing the use of a patented invention to a third party if it is necessary to respond to domestic public health emergencies. That is precisely what Bill C-9 does and that is precisely what some of the amendments need to do.

Not only did the committee members work together, we heard from a number of witnesses. We heard from the brand companies, the generic companies and the NGOs. All of us in this place came together with the five departments of this government to work together and come up with a workable bill. All of us in this place know that bills and regulations sometimes can be cumbersome, but with everyone's help, we have a great bill.

I can say that the brand companies in Canada are already delivering drugs to the poorest countries in the world. The generic companies in Canada also want to do that. The NGOs, which are part of the lifeblood of delivering assistance to the people of the world, have to be complimented and acknowledged, because without their human infrastructure and their actual delivery of the medicines, the people would not get them. The NGOs are of incredible value to the system. I applaud them for giving us their inspiration and for showing us the way toward a great bill.

I want to talk specifically about the amendments that the member for Windsor West has brought forward. I want to assure the member that the government amendment in the first instance wanted to ensure that NGOs would not be precluded from helping to address the needs of those people, but we know that this is a country to country arrangement. While another amendment came forward to further clarify the NGO role as it relates the importing country, I want to reassure the member. I heard what he had to say.

We cannot be supportive of reverting back. After all, the committee listened to the information, had a debate and, at the end of the day, decided to change the wording. I want to assure the member that in no way does the subamendment take away the opportunity for NGOs to play a meaningful part. Yes, it needs to be a country to country arrangement. Yes, the NGOs obviously will need to have the approval of the importing country. We all know that. That is what is required under the WTO. But in no way do we believe that the subamendment, which was passed and is now part of the bill, will make it impossible for NGOs to play the meaningful part that the member really advocated for very well at committee. We are very supportive of what we had already changed. This particular amendment by the member for Windsor West unfortunately flies in the face of what the committee did, and that was to decide which amendment was better. Again, I want to acknowledge his great contribution although we cannot support his amendment.

We are also talking about Motions Nos. 14 and 18. Again I want to applaud the member for Windsor West. Through a number of different amendments, which we have just accepted, he has added to the list certain drugs and their prescribed dosages. I want to thank him as well as other members of committee and members of the House who saw that these medicines could be added to the list. He brought them to our attention and we decided to move very quickly and add them to the schedule.

While we cannot support Motions No. 14 and 18, because there are some technical and health issues that need to be cleared up, and while I know that the intent was to deal with tuberculosis, I think we have to be very careful. We have to look to our experts for advice because these drugs have not yet been approved in Canada. We cannot move them into the schedule until such time as they have been approved.

I can reassure the member and the House that Motions Nos. 14 and 18 dealing those two drugs will be moved to the advisory committee as quickly as possible. I think that with some expert insight we can move them along as quickly as possible, but I think the House should be respectful of those professions that know more than some of us do with regard to medicines and their impact.

Let me reassure members that even though we cannot support Motions Nos. 14 and 18, those two drugs will be moved on to the advisory committee as quickly as possible and hopefully we will be able to put them on the schedule.

[Patent Act, April 28th, 2004]

moved:

Motion No. 4

That Bill C-9, in Clause 1, be amended by replacing line 23 on page 7 with the following:

“at least thirty days before filing the applica-”

Motion No. 5

That Bill C-9, in Clause 1, be amended by replacing, in the French version, lines 26 and 27 on page 7 with the following:

“l'OMC mentionné dans la demande, et ce à des conditions raisonnables et sans succès,”

Motion No. 6

That Bill C-9, in Clause 1, be amended by replacing lines 21 to 25 on page 11 with the following:

“its label and packaging, as required by regulations made under the Food and Drugs Act, as well as information identifying every known party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported.”

Motion No. 7

That Bill C-9, in Clause 1, be amended by replacing line 29 on page 11 with the following:

“(3) The Commissioner shall,”

Motion No. 8

That Bill C-9, in Clause 1, be amended by replacing line 34 on page 11 with the following:

“(4) The Commissioner shall,”

Motion No. 9

That Bill C-9, in Clause 1, be amended by replacing lines 1 to 3 on page 12 with the following:

“quantity to be exported, as well as every known party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported:”

Motion No. 10

That Bill C-9, in Clause 1, be amended by replacing lines 42 to 45 on page 15 with the following:

“authorized to be manufactured and sold, which agreement must incorporate information that is in all material respects identical to the information referred to in paragraphs 21.04(2)(a), (b), (e) and”

Motion No. 11

That Bill C-9, in Clause 1, be amended by replacing line 9 on page 18 with the following:

“Health shall establish, within three years after the day this section comes into force, an”

[Patent Act, April 28th, 2004]

moved:

Motion No. 1

That Bill C-9, in Clause 1, be amended by replacing, in the English version, line 7 on page 1 with the following:

“is to give effect to Canada's and Jean Chrétien's”

[User Fees Act, March 31st, 2004]

Mr. Speaker, democratic reform is alive and well in the House of Commons.

Today Bill C-212 will receive royal assent. This bill represents what can be achieved when MPs from all sides of the House and ministers collaborate to help great ideas become good government policy. The bill represents the long and hard work of the Liberal member for Etobicoke North, of whom we should all be proud.

The bill will bring greater transparency, accountability and parliamentary oversight to federal government departments and agencies when they attempt to recover costs through user fees. It will provide greater parliamentary oversight; greater stakeholder participation in the fee setting process; improved links between user fees and performance; and the requirement that a more comprehensive stakeholder impact and competitiveness analysis is done when new user fees, or fee increases, are contemplated.

Who says an individual member of Parliament cannot make a difference in this place?

[Committees of the House, October 29th, 2003]

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Citizenship and Immigration, on the order in council appointment of Michel C. Simard to the position of senior citizenship judge. We respectfully submit this to the House of Commons.

[Committees of the House, October 7th, 2003]

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of Standing Committee on Citizenship and Immigration entitled, “A National Identity Card for Canada?”.

I want to thank not only the committee members for working so hard thus far, but also members of the Canadian public who have voiced their opinions, which we encourage. Hopefully, this report will encourage more and more Canadians to be engaged in this very important public policy issue.

[Committees of the House, June 5th, 2003]

Mr. Speaker, I have the honour to present, in both official languages, the fifth report of the Standing Committee on Citizenship and Immigration on settlement and integration programs entitled “Settlement and Integration: A Sense of Belonging 'Feeling at Home'”.

I want to thank the members of the committee for this unanimous report, with an asterisk beside “landing fees” for my friend over there in the NDP. I also want to thank the hundreds of people who made presentations, as well as the frontline workers who help our immigrants who come to this country and who are so valuable to this country. We need to help them integrate into our society. It is good for them and it is good for this country.

We would hope that the minister would, without question, adopt this report, which is far-reaching, creative, innovative and will move this country further and further to better immigration policies.

[Justice, May 28th, 2003]

Mr. Speaker, I have a supplementary question for the Minister of Justice.

Drug-impaired driving is a serious concern to Canadians and to many of us in the House. I hope the legislation introduced yesterday by the Minister of Justice will not encourage marijuana users to toke and drive.

What does the Minister of Justice intend to do about the problem and what assurances can he give the House today that he will protect the Canadian public?

[Dean Larry Tapp, May 28th, 2003]

Mr. Speaker, I rise today to bring to the attention of the House a significant milestone in my riding of London North Centre.

Dean Larry Tapp, from the Richard Ivey School of Business at the University of Western Ontario, is retiring on June 30. Larry Tapp is renowned for leading Canada's pre-eminent business school in its rise to international prominence.

The November 25 issue of Time Magazine named him as one of Canada's top business leaders. Under his leadership, the business school took on the global market and expanded into Asia with the founding of a Hong Kong campus.

Larry takes a keen interest in teaching the importance of corporate responsibility to Canada's up and coming business leaders.

Numerous Canadian companies are fortunate to have Dean Tapp sit on their boards where he serves as chair or as a director.

It is my privilege on behalf of the students and the faculty of the Ivey School of Business and the constituents of London North Centre to offer our sincere thanks and best wishes to a great Canadian.