Aileen Carroll

[Patent Act, April 29th, 2004]

Mr. Speaker, it is a pleasure to rise in the House today in support of Bill C-9. This is groundbreaking legislation that clearly demonstrates what can be accomplished when we focus on what truly matters: humanity and compassion.

Today with the Canada and Jean Chrétien pledge to Africa act, we are sending a message to the community of nations. When confronted with misery and tragedy, Canadians do not look away.

We do not close our eyes to the sufferings of others and we do not throw up our hands in despair, we act. Diseases such as HIV-AIDS, tuberculosis and malaria are taking a terrible toll on the developing world. They accounted for almost a quarter of the global death toll last year.

However, numbers alone cannot begin to convey the full impact of these diseases on the political, economic and social structures in developing countries. Eighty percent of those dying from AIDS are between the ages of 20 and 50. It is anticipated that by the end of this decade, there could be more than 44 million AIDS orphans.

As a result, we face a potential demographic crisis where the most productive members of society can no longer raise their families and contribute to their communities.

The world's poorest countries cannot effectively fight poverty if their teachers, students, health care workers and business people are debilitated by disease. Simply put, we face the breakdown of families, community life and ultimately societies at large. Yet many of the diseases plaguing poverty stricken countries are largely treatable.

In the developed world, for example, the use of combination chemotherapy with anti-retroviral agents makes HIV-AIDS a chronic but a manageable disease. In the developing world, however, these drugs are largely unavailable. Only about 5% of those who require anti-retroviral agents are getting them and the same is true for other essential drugs. This is a great injustice and one that must be addressed.

As Canadians, we need to get involved. We need to work hand in hand with other nations to help lift the death sentence that HIV-AIDS and other diseases have literally imposed on millions of men, women and children across the planet. Fortunately, the situation, while dire, is not without hope.

After many years of sounding the alarm, the tireless efforts of a committed few are awaking the rest of the world to this grim reality. As Stephen Lewis, the United Nations Secretary General's Special Envoy on HIV-AIDS in Africa has noted, “there is a new momentum”. We are seeing a renewed commitment and engagement by those in the developed world.

I believe that Bill C-9 is a big step toward strengthening Canada's commitment on this issue.

This legislation responds to a decision by the World Trade Organization to override certain provisions of the agreement on the aspects of intellectual property rights as they relate to trade.

The decision is intended to permit the export, under certain conditions, of licensed versions of patented pharmaceutical products to countries that cannot manufacture their own.

I should point out that the WTO does not require its members to enact any particular measures. No one has ever said that Canada must get involved. Nevertheless, our collective conscience says we must do so. This is a moral imperative and a pressing need to act, and to act quickly.

We sincerely hope that our leadership on this issue will encourage other countries to follow our example.

Bill C-9 is based on a balance of interests. On one side, there are the great humanitarian objectives, to send vital pharmaceuticals to developing countries. On the other side, we must protect the integrity of our intellectual property system and ensure that we respect our international obligations in this matter.

We must not forget the importance of intellectual property rights, such as those protected by patents. After all, such protection stimulates continued progress in medicine, progress for the good of every one of us.

The government is persuaded that this bill reconciles these two imperatives and establishes a practical system to permit appropriate medicines to reach the people who need them.

At the same time, we recognize that access to less expensive generic versions of medications alone is not enough. Without well trained health care workers and adequate infrastructure, developing countries will unable to reverse the spread of these diseases.

That is why in addition to moving forward on Bill C-9, Canada continues to help developing nations build their capacity in their health care systems. By moving on these two fronts at once, increasing access to drugs and strengthening health care systems, Canada is working very hard to enable poor countries to scale up the treatments.

Canada is the first country to adopt this kind of legislation. Other countries are sure to follow our lead.

When I was in Washington last weekend for the spring meetings of the World Bank and the IMF, ministers from other countries commended Canada for the bill. They asked me for details so they could replicate it in their own countries. By having been the first country to come out of the gate and by having been the first country to bring forward this very important legislation, indeed we are imposing a certain onus, and it is an onus I intend to speak of in whatever international venue I find myself.

Because the world is watching, we have to get this right.

Thanks to a wide range of contributors, I believe we have achieved this.

I will take this opportunity to thank the members of the Standing Committee on Industry, Science and Technology and the many people who took the time to send in their comments and to appear before the committee.

The list of such intervenors is quite long and includes representatives of the patent medicine sector, the generic drug sector, and many non-governmental organizations, such as Doctors without Borders and Oxfam.

I applaud the commitment each one of them has made to this humanitarian initiative. Because of their efforts, in large part, the bill has been amended and very much improved.

Let me outline very briefly how the new regime proposed by Bill C-9 will work. The regime proposes a number of schedules that set out the pharmaceutical products and the countries to which the bill applies. Where any such country identifies a need for one of these products in order to respond to a public health problem, the country may approach a Canadian generic drug manufacturer to negotiate a supply agreement. I should add that these schedules are very inclusive and can be speedily amended to add countries or to add pharmaceutical products to respond to changing demands.

A supply agreement can be concluded at any time. The only obligation on the generic drug company is that before applying to the Canadian Intellectual Property Office for an export licence, it must first approach the brand name company holding the patents for that product to see whether the latter is willing to accord a voluntary licence on reasonable terms and conditions. If the brand name company is unwilling to do so, the generic company is free to proceed with its application for a licence and, assuming the requisite health, safety and administrative conditions are met, a licence will be issued and the product can be exported.

Finally, the regime also includes a number of safeguards to ensure the export of high quality products that will be provided directly to the people who need them.

Bill C-9 is good legislation. It proposes a fair and workable regime. This speaks volumes for Canada and Canadians and reflects a compassion that will soon benefit those in need of our help. I encourage the members of this House from all parties to lend their support to Bill C-9. Together, we can send a clear message to the millions of men, women and children in the developing world. It is a message of hope and compassion. It is a message that says Canada cares.

Mr. Speaker, I am noting your body language and I am wondering if I have run out of time. If I have, in that case I will conclude my remarks.

[Patent Act, April 28th, 2004]

Mr. Speaker, I am delighted to speak in the House this afternoon on the subject of Bill C-9, the Jean Chrétien pledge to Africa act. As we know, the bill has been in committee and there have been a number of amendments. The bill will be coming back to the House for third reading very shortly.

The bill is the Government of Canada's response to the agreement reached at the WTO called the TRIPS agreement. It was an acknowledgement on the part of all the members of the WTO that drugs are desperately needed in Africa and other developing countries to assist them in dealing with the pandemic of HIV-AIDS, malaria, TB, and all of the diseases that are rampant there, and to make those drugs available at a price that people in developing countries could afford.

As one of the members of the WTO, Canada joined with our colleagues in signing the TRIPS agreement. That agreement puts an onus on all members within their own countries to bring forward domestic legislation that will have as its objective the distribution, production and availability of drugs for the diseases that I have just described.

In order to meet that onus, our legislation will meet changes requisite in the Food and Drugs Act, Intellectual Property Law Improvement Act, and the Patent Act.

I am proud of this bill and I do not have to apologize for that. I am proud of my government that we are the very first member of the WTO to bring this legislation forward. It was quite a task. We engaged the pharmaceutical industry in Canada and the generic drug companies. We joined in our consultation process with the non-governmental organizations. The work was the product of five departments of government coming forward to engage in the process and that, in and of itself, I think was quite an undertaking and accomplishment.

The legislation meets the requirements of TRIPS. I tend sometimes to be overly technical, but I want to give people the benefit of the background of this legislation. It reflects the moral imperative that Canada recognizes is ours to do all that we can to make those medical treatments available to the millions of people who are suffering from these diseases.

We have brought the legislation forward. It will return to the House once the process is complete in committee. As the Minister for International Cooperation, I have just returned from meetings at the World Bank over the weekend at the development committee and prior to that not long ago from meetings at the OECD, the DAC committee. Both of those are very prestigious and influential committees, where donor countries joined together in developing the best strategies to deliver aid effectively to the poor of this world.

I took advantage of both those venues to share the information with all of the donor countries, to tell them about this innovative piece of legislation, and to brag somewhat in spite of the reputation that Canadians must always maintain to be modest and unassuming. We have a lot to brag about and I did that, but I did it with a purpose. The purpose was to put a real onus on other member countries that have signed the TRIPS agreement to follow the precedent that Canada has set.

Until one country comes forward and does exactly that, these kinds of agreements can sometimes linger in a hiatus situation that would be beneficial to no one. Canada has come forward and has received accolades from our NGO communities worldwide, as well as the domestic community.

We have heard very favourable responses from leaders in civil society. I am pleased that people such as Bono and others have given great approbation to Canada for having shown the leadership to come forward and be the first out of the gate with this legislation.

It was a very important consultative process. There was a commitment on the part of the pharmaceuticals, the generics, the NGOs and these five departments to work out legislation that did not just meet the bar of that agreement, but in effect, went above the bar.

Canada has exceeded the bar in one dimension by including in this legislation, not just the countries that are members of the WTO but countries who meet the criteria as established by the DAC committee. It would include all countries that are officially recognized recipients of ODA, official development assistance.

We have broadened, right at the beginning with our legislation, the number of countries who will benefit from this, and who will now be able to access drugs at a price that they are able to afford. This drug bill, the Jean Chrétien pledge to Africa, therefore becomes an integral piece, if I can speak strictly as the Minister for International Cooperation in Canada, this drug bill, of our strategies to assist people in the developing nations.

We are working to greatly enhance the capabilities of countries with their health services in all that is required to assist them in developing a capacity that they are slowly accomplishing. Obviously, it is uneven. The growth in capacity is stronger in some countries than others. The availability of drugs, that is an incredibly important part of their battle against diseases that are the scourges I have described, becomes a very important part of an overall holistic approach.

As the Minister for Cooperation, it became and remained, and still is a major priority for us as one of the five departments who came forward here. It was a very broadly based consultative system. It allowed Canadians to come forward wearing every hat that pertained to the development of the bill. It allowed them to come to committee to engage parliamentarians on that committee, convey changes they felt needed to be made, and to convey their approval of the strength of that bill giving excellent wisdom to us as we all moved together to enact this incredibly important and timely piece of legislation.

That speaks well for the process. It speaks well for the important role of the committee. The committee was enhanced by the enabling of the members of that committee through the recent approaches the government has undertaken under the leadership of the Prime Minister to address democratic deficit. It enabled people to work together and produce legislation of this tremendous import.

We have dealt with some of the issues that originally were not roadblocks, but I would describe as hurdles, and we have overcome them. With regard to voluntary licensing, the amendments eliminate the requirement that patent holders be given the right of first refusal and that was vital. When we initially came forward, we heard a lot of concern and really to be fair, criticism not just concern, on that right of first refusal.

We have come together with our stakeholders, made the changes and eliminated that requirement. In so doing, again, it produces a piece of legislation that says to the world, this is where Canada has come from, this is what we have come out of the gate with on the TRIP agreement, and this is exactly the model that will be there to emulate.

We have included two lists in the regulations, lists of countries that will be able to benefit from this legislation and lists of the drugs that will be available as a result. Both form a beginning and are not engraved in stone for all time, but we had to begin somewhere and we have done that.

I look forward to speaking in a more formalized fashion at third reading.

[International Aid, April 28th, 2004]

Mr. Speaker, I am still working through his question but I think I can help in sharing the outcome of the polls that have been taken.

In every poll that has been taken, 80% of Canadians have responded that they highly approve of Canada giving aid to the world's poor and helping us reach development goals. I might add that similar polls ask that we be sure that we are achieving aid effectiveness. We developed an excellent policy just a year ago.

My colleague can be assured that we are reaching the goals set out within that policy.

[International Aid, April 28th, 2004]

Mr. Speaker, I am at a loss in determining what the hon. member is asking with regard to political influence in the aid development programs of Canada.

We have an excellent reputation. Just recently we were moved to the position of six out of eighteen by an international body assessing our aid development effectiveness.

I would be more than pleased to share that study with him and perhaps it will assist him to better understand.

[National Defence, March 26th, 2004]

Mr. Speaker, Canada has consistently defended its interests in the past and it will continue to do so.

Hans Island constitutes part of the national territory of Canada. No assertion by the Danish ambassador or other Danish officials detracts from the absolute sovereignty that Canada enjoys over Hans Island.

[Haiti, March 10th, 2004]

Mr. Chair, I rise to ask my colleague from Yukon a question. I think his speech at the end of our evening has contributed to an excellent debate from both sides of the House.

As much as we, as a government and a people, must be committed to resolving the crisis and horrors that are now a reality in Haiti, would he agree with me that we, in this government, must find new ways to solve problems that we have not had great success with in the past? If he does agree, perhaps he might make a suggestion in that regard.

[Canadian International Development Agency, March 10th, 2004]

Mr. Speaker, as the hon. member knows, the main priority of the Government of Canada is to achieve peace and security in the Middle East. As such, the Canadian aid to the Palestinian people is channelled through Canadian agencies and international organizations which have reputable accounting processes, or we also administer them directly through our missions in the region.

CIDA carefully selects our partners in conjunction with federal departments and agencies, as well as with other international donors. The hon. member can be assured that we are confident we are targeting the population--

[Haiti, February 27th, 2004]

Mr. Speaker, I already explained this. Canada is prepared. France is also prepared. I explained that the best solution is probably a political agreement.

However, we are prepared to act alongside the international community, as a member of the United Nations, and along with our colleague from France, Mr. de Villepin.

[Haiti, February 27th, 2004]

Mr. Speaker, that is not correct. France has not asked for Mr. Aristide to step down. Yesterday, the Department of Foreign Affairs discussed the situation with Mr. de Villepin, who was clear. He said:

“Obviously, it is up to Mr. Aristide to consider every option.”

Mr. Aristide could very well decide to leave, in the best interests of his country. The Canadian Minister of Foreign Affairs told Mr. de Villepin that if this happens, Canada will be there to act with the international community in such an eventuality—

[Haiti, February 27th, 2004]

Mr. Speaker, Canada has done nothing in the way of turning a blind eye. Canada has been the second largest donor of aid to Haiti for many years. We just recently freed up $5 million in a response to the OAS and what it is trying to accomplish.

We are working very closely with the United Nations. We will work in concert with the United Nations should the desire be there to have an international response, but first and foremost, there has to be a political situation accomplished, a political stability, before moving in, in a military way, would be an efficacious response.