Roger Valley

[Committees of the House, April 4th, 2005]

Madam Speaker, I did have the pleasure of hearing the member speak earlier and I heard the credit that she was giving the Minister of Health. I think on a couple of occasions she credited him with this action. I think it is an action that the House respects and I think it is something we have to let play out. We will not know the results of it until the process is over. I think that at that point we can deal with those other issues.

[Committees of the House, April 4th, 2005]

Madam Speaker, as the Minister of Health stated on November 22, his intention is to explore all available options and provide compensation to those infected.

We have a process in place and that process needs to be worked out so people can receive compensation.

[Committees of the House, April 4th, 2005]

Mr. Speaker, as this debate has already noted, the settlement agreement that was negotiated in 1998 and 1999 between lawyers representing hepatitis C victims, the federal government and the governments of the provinces and territories had a specific focus. It only covered Canadians who were infected with hepatitis C through the blood system between January 1, 1986 and July 1, 1990 and persons with hemophilia and thalassemia who received blood products during that period.

On November 22, 2004, the Minister of Health announced the government's intention to explore all available options to provide compensation to those infected by hepatitis C through the blood supply before 1986 and after 1990. Discussions started immediately following that announcement and are continuing.

However a process needs to be followed in order to ensure that a fair and appropriate resolution is reached. This involves many parties, including the courts that oversaw the 1986-90 agreement.

I am pleased that the government undertook to launch these discussions, and I trust it will reach a resolution as soon as possible.

It is also important to note the other measures that have been taken to provide support for those infected with hepatitis C through the blood supply.

The federal government invested $50 million into its hepatitis C prevention, support and research program. This program is supporting efforts that contribute to the prevention of hepatitis C infection. It is promoting the development and availability of tools and mechanisms in support of persons infected with or infected by hepatitis C. It is expanding hepatitis C-related research. Finally, it has been funding actions to increase Canadians' awareness about hepatitis C.

I am pleased to remind the House that this program was extended for two additional years through 2004 and 2005 federal budgets with funding of $10.6 million per annum. In fiscal year 2006-07, hepatitis C program activities will be considered within an integrated infectious disease strategy that is being developed by the Public Health Agency of Canada. This support is important of course but we all realize that people with hepatitis C infections can face needs that have to be dealt with through the health care system.

With that in mind, in 1998 the minister of health of the day announced a $300 million transfer to the provinces and territories. The idea was to provide funding to the governments of the provinces and territories over 20 years for appropriate treatment and care for people infected with hepatitis C through the blood system before January 1986 and after July 1, 1990. To date, $200.6 million has already been transferred to provincial and territorial governments to assist them with the provision of hepatitis C health care benefits to people who are dealing with the impact of hepatitis C on their lives.

In keeping with jurisdictional realities, provinces and territories have been deciding the service mix that is best suited to the needs of their populations.

The federal transfer payments for health care services are indicated for the treatment of hepatitis C infection and medical conditions directly related to it, such as immunization, nursing care, new and emerging anti-viral drug therapies and other relevant drug therapies.

We are beginning to get a clear sense of precisely what the money is doing. For example, the Yukon government has used these funds for nursing staff, to help cover the costs related to visiting infectious disease specialists and for medications.

Ontario, which has by far the largest number of people with hepatitis C, recently conducted an audit of its hepatitis C health care expenditures. It found that the special federal transfer payments worth $66.3 million had covered most of its overall expenditures of $82.5 million. Those expenditures were for things such as laboratory costs, drugs, hospital, physician, home care and public health services.

British Columbia has drawn attention to its funding of liver transplants that people with severe conditions that are rooted in hepatitis C can require. Alberta is supporting state of the art laboratory testing and drug therapy among other initiatives.

Many provinces, such as Manitoba, have reported that they are using funds to help support the provision of the new combination therapy that is proving to be a success for many hepatitis C patients.

In such places as Nunavut and New Brunswick, some funds are enabling the transfer of hepatitis C patients to provinces where highly specialized services of liver specialists, including transplants, are possible.

Another aspect of the funding allocated to meeting the needs of hepatitis C victims was the recently completed lookback/traceback initiative. Under lookback/traceback, our government committed to paying half the costs of provincial and territorial initiatives that helped identify the donors and the recipients of hepatitis C infected blood.

This was a complex process that involved a review of all hospital medical records available and the identification of people who had donated infected blood.

One of the reasons this work was so important is that many people with hepatitis C infections do not even realize they are infected. For many years they have had no noticeable symptoms and no barriers to a typical life and are therefore not likely to take advantage of the treatments that have already been available and are doing so much to improve the prospects for people with hepatitis C.

The federal government's share of the lookback/traceback activities amounted to approximately $50 million by the time the initiative came to a successful end on March 31, 2004.

Finally, it is important to note that all Canadians are benefiting from the $125 million invested by the federal government in improving blood regulations and blood safety surveillance. This is far from the whole range of actions that our government has funded, of course. However I have been able to comment on the major elements of our work to date.

While no one would say the work is done, I believe it is fair to state that our government is taking sensible steps in conjunction with our partners to provide the care that people living with hepatitis C need.

Moreover, the government has taken the step forward to explore options for compensation for those infected with hepatitis C from the blood supply before 1986 and after 1990. We should let these discussions take place and follow the required process so that an effective settlement can be reached for all parties.

[Chinese Canadian Recognition and Redress Act, February 21st, 2005]

Mr. Speaker, Canada is a country of openness, proud of its diverse heritage, where values of fairness, generosity, respect and caring have shaped its history. It is a country of opportunities that respects and celebrates the cultural, racial, ethnic and religious diversities of its population. As Canadians, we have a collective responsibility to make every effort to sustain a society that values all of its members and treats them with dignity and respect.

Our history records that at times these values have been violated. Early in its history, Canada had slavery on its own territory. It was not until 1834 that slavery was abolished in Canada, ending this inhumane treatment. We have witnessed immigration practices in the past that were not in line with our Canadian values of today. During the two world wars, members of some Canadian ethnocultural communities were detained and their loyalty questioned.

The Government of Canada understands the strong feelings underlying requests for redress for incidents in our nation's past. As Canadians we all share in the responsibility to learn from the lessons of the past.

Some ethnocultural communities continue to press the government for an official apology and financial compensation as essential elements of redress. Other communities have signalled their willingness to accept a non-monetary resolution as long as no other community receives financial compensation.

As with many other social issues, there are no simple solutions. The needs of individuals in specific communities cannot be separated from those of the broader society. Resources are limited and must be applied where they can have the greatest impact.

Perceptions and views are often divergent and require thoughtful deliberation to find common ground. The issue is whether to attempt to address the past or to invest in the future. The federal government believes the best approach is to uphold the 1994 policy on historical redress and use limited public resources to create a more equitable society today and a better future for generations to come.

The Government of Canada remains committed to strengthening the fabric of Canada's multicultural society. In the October 2004 Speech from the Throne, the Government of Canada pledged to pursue its objectives “in a manner that recognizes Canada's diversity as a source of strength and innovation”. It also pledged “to be a steadfast advocate of inclusion and to demand equality of opportunity so that prosperity can be shared by all Canadians”.

In line with these commitments, the government is now advancing a number of multicultural and anti-racism initiatives designed to cultivate an even more equitable, inclusive society.

The Government of Canada has a multifaceted approach to combating all forms of racism and discrimination. We have a comprehensive framework that includes legislative practices and programs.

I will focus on the activities and role of the multiculturalism program of the Department of Canadian Heritage in addressing issues of racism and discrimination. Under the mandate of the program, the Department of Canadian Heritage is committed to ongoing priorities that include fostering cross-cultural understanding, combating racism and discrimination, promoting shared citizenship, and making Canadian institutions more reflective of Canadian diversity.

Under the mandate of the Canadian Multiculturalism Act and policy, the Department of Canadian Heritage and other government departments address issues related to racism and discrimination by focusing on public education, capacity building, institutional change and research initiatives.

This broad-based approach aims to combat all forms of discrimination and is designed to respond to the diverse demographic reality of Canadian society. Analysis of the 2001 census and the ethnic diversity survey released in 2003 underscore two strong realities: the extent of ethnoracial diversity in Canada and the significant number of people experiencing racism and discrimination.

In regard to policy approaches, the multicultural program has a central role in helping shape a progressive, inclusive Canada by advancing multiculturalism within the federal government and working with key stakeholders. For example, the multiculturalism program is responsible for preparing an annual report on the implementation of the Canadian Multiculturalism Act. Under the act, federal institutions are required to outline how they have changed and refined their policies, programs and services and to respond to increasing Canadian diversity. The annual report for 2003-04 was tabled in Parliament on February 7.

Canadian Heritage has also done a considerable amount of research on discrimination in Canada, using data from the ethnic diversity survey. The survey has been used to examine the different levels of discrimination among different visible minorities and religious groups. In addition, the department has examined the level of discrimination within visible minority groups in terms of immigrant generation and the city that respondents live in and has analyzed the data to consider the potential impact discrimination might have on social capital variables and civic participation variables.

In 2003-04, through a joint research initiative with the Social Sciences and Humanities Research Council of Canada, the multiculturalism program identified three key research priorities, one of them on indicators of racism. Results from last year's research call are not yet available, but this demonstrates a commitment to research on racism and anti-racism.

In addition, the Department of Canadian Heritage continues to work with the metropolis project and its five joint centres of excellence. Through these centres, all types of research are produced with respect to migration and diversity, including racism, anti-racism, and social, political and economic inclusion.

In regard to education and promotion, under the multiculturalism program, the unit responsible for promoting diversity and respect places a broad emphasis on public education and outreach for advancing the program's overall objectives and assisting the government in its commitment to promoting cohesion in Canada through year round programming.

This essential element of the multiculturalism program places a special emphasis on targeting youth. For example, to commemorate March 21, the International Day for the Elimination of Racial Discrimination, the Department of Canadian Heritage launched its first federal awareness campaign in 1989. Over the years, the campaign has evolved to include the “Racism. Stop It!” national video competition, which has provided a means of engaging youth in the commemoration of March 21. The competition invites youth aged 12 to 18 to express their thoughts on the elimination of racial discrimination.

In 2003-04, the multiculturalism program funded 268 initiatives. Of these, approximately 133 are aimed at engaging communities and the broad public in informed dialogue and sustained action. For example, through the multiculturalism program of the Department of Canadian Heritage, the Chinese Canadian National Council will receive more than $400,000 over three years for a project to help this community combat discrimination by building stronger networks among organizations working on Asian Canadian issues and by developing the awareness and capacity of Asian Canadian communities to respond to hate and racism activities, with a particular focus on youth.

The Metro Toronto Chinese and Southeast Asian Legal Clinic will receive almost $600,000 over three years as trustee for the National Anti-Racism Council of Canada. The National Anti-Racism Council, a coalition of more than 50 anti-racist and human rights groups from across Canada, including the Chinese Canadian National Council, will undertake a multi-year initiative to help build a Canada-wide community based capacity to address issues of racism and related intolerance through the use of domestic and international human rights principles, standards and instruments, and through the development of effective national and community based response mechanisms.

As well, it will engage in community, public and media education concerning racism and related intolerance and provide input and advice on anti-racism principles and related initiatives to government agencies, foundations, public and private sector institutions, community groups and civil societies.

The Interdepartmental Committee on Public Education and Outreach, under the multiculturalism program, works with federal public servants to increase their awareness of the growing diversity of Canada so that the needs and realities of Canada's diverse population are reflected in federal policies, programs and practices and to help remove barriers experienced by members of ethnocultural communities.

The committee also supported projects promoting cross-cultural and interfaith understanding among Canadians and among members of the specific target audiences such as public servants and youths.

Some of the initiatives supported through the multiculturalism program include the development of educational materials, tools that are used in schools and youth centres, conferences, workshops, other learning events that bring together different segments of the Canadian population such as ethnocultural communities, religious organizations, researchers, public institutions and other researchers.

[Patent Act, February 9th, 2005]

Mr. Speaker, I thank the member for Windsor West for bringing this issue forward and giving us all a chance to make some comments on it.

In order to foster growth and create high quality, well paying jobs, the government has set, as one of its core priorities, the building of a 21st century economy. In furtherance of this, the government must continue its work to support sound marketplace framework laws.

A fair, efficient and competitive marketplace, combined with an effective regulatory framework, creates a business environment that is supportive of innovation, investment and economic growth.

To foster an efficient and competitive marketplace in the pharmaceutical sector, it is necessary that the government's drug patent laws strike an appropriate balance between encouraging pharmaceutical investment and innovation by providing effective patent protection for innovative medical therapies while, at the same time, facilitating the earliest possible entry of non-infringing, lower cost generic pharmaceutical products.

The patented medicines, notice of compliance) regulations, or the PMNOC regulations, and the “early working exception” under the Patent Act are both integral to the maintenance of this balance, a balance Bill C-274 will most certainly undermine, if passed, given that it calls for the outright repeal of the PMNOC regulations.

In the pharmaceutical industry, the early working exception allows generic drug manufacturers to use a patented innovative drug for the purpose of seeking approval to market a competing version of that drug.

Normally, conduct of this kind would constitute patent infringement but an exception has been made so that the generic drug companies can compete with Health Canada's regulatory approval process while the equivalent innovative drug is still under patent. This is done so the generic can be in a position to enter the market as soon as possible after the patent expiry. This ensures that the patentees do not enjoy a de facto monopoly beyond the life of the patent by virtue of the time it takes for a generic drug company to complete Health Canada's regulatory review process.

While early working is intended to promote the timely market entry of generic drugs, the PMNOC regulations are necessary to ensure that this exception to patent infringement is not used improperly by generic drug companies that might seek to sell their products during the term of the competitor's patent.

Patent protection is an important incentive in encouraging investment and promoting research and development and giving the difficulties traditionally associated with protecting pharmaceutical patent rights by way of conventional infringement litigation, and the PMNOC regulations are intended to operate as a potent patent enforcement mechanism.

In this way, the regulations and the early working exception work in concert to maintain a balance in Canada's drug patent policy. It is important that neither instrument be considered in isolation as the intended policy can only be achieved when the two operate in a balanced fashion.

Overall, the government's drug patent policy appears to be achieving its objectives of encouraging investment and fostering competition. Since the introduction of the early working and the PMNOC regulations in 1993, total R and D spending in Canada by innovative companies has more than doubled.

Over that same period, the Patented Medicine Prices Review Board reports that manufacturers' prices of patented drugs in Canada have followed a consistent pattern of decline or near negligible increases and the price of patented drugs in Canada has gone from being 23% higher than the medium international price to 5% below the median and 40% lower than the price in the United States. In fact, the price of patented drugs in Canada has risen by less than the consumer price index in almost every year since 1988.

Despite these positive outcomes, the PMNOC regulations remain a contentious policy instrument. In recent years, representatives of the generic pharmaceutical industry have become increasingly vocal in their allegations that brand name companies are abusing the regulations to unfairly delay generic competition.

Industry Canada, with the assistance of Health Canada, has completed a comprehensive assessment of these allegations and found that while the fundamentals of the regime are sound, there have been instances of behaviour complained of by the generic industry involving some top selling drugs.

While the behaviour in question is exceptional, it has been facilitated by a number of recent court decisions and could potentially grow in the years to come. To prevent this occurrence, a package of regulatory amendments has been developed and will restore the original balanced policy intent underlying the early working exception and the PMNOC regulations. These amendments were re-published in the Canada Gazette , part I, on December 11, 2004.

Repealing the PMNOC regulations would be an extreme measure which would completely undermine the government's attempt to maintain its balanced drug patent policy. It would allow generic manufacturers to continue to use the early working exception while stripping pharmaceutical manufacturers of the most effective patent enforcement mechanism at their disposal. This would tip the policy balance between intellectual property protection and the generic entry wholly in favour of the generic industry.

Bill C-274 would also have a number of negative consequences for Canadians. In the absence of strong and effective patent protection, innovator companies would drastically curtail their domestic R and D, which would result in a corresponding loss in research intensive employment.

Canadians' access to the latest medical therapies may also be compromised as innovator companies would be less inclined, absent effective patent protection, to bring their latest products to the Canadian market.

It is my hope that the member for Windsor West will instead support the government's recently proposed amendments to the PMNOC regulations and, in so doing, support this government's effort to foster a fair and competitive marketplace for pharmaceutical products.

[Aboriginal Affairs, February 2nd, 2005]

Mr. Speaker, aboriginal communities are faced with unique challenges in terms of delivery of services. One such service is child care. The delivery of child care has proved to be a problem for our first nations population for many reasons, including the isolated nature of their communities.

I would like to ask the Minister of Social Development what considerations have been made to account for aboriginal communities when drafting the national child care strategy.

[Canadian Forces, February 1st, 2005]

Mr. Speaker, I would like to recognize the community of Kenora for its efforts to send Christmas presents to our troops in Afghanistan.

While back in the riding, I saw the tremendous pride this community felt in reaching out to our armed forces. Everyone wanted to be involved. Coming together under the leadership of Mr. Tom Beach and his family, the community gathered more than two tonnes of material with shipments still being sent to Camp Julien now.

I would like to recognize the many businesses that donated goods and services to this cause, as well as the many volunteers who donated their time to show the troops we care. It was an amazing example of what a community can achieve and I applaud all the participants.

While it is a little late to talk about Christmas presents, it is never too late to thank our military.

[Tlicho Land Claims and Self-Government Act, December 6th, 2004]

Madam Speaker, I first want to say that I am on the aboriginal affairs and northern development committee and I have heard the answers to the questions that have been asked by the official opposition. The same questions have been asked repeatedly and the answers have been given. If they do not want to listen, they cannot be made to hear.

We know there was a lot of support for the Tlicho agreement. We know the voting percentages were very high. Since we have started this debate in the House, which has taken a number of weeks, has there been any word on the level of support in the communities? Are the communities back home interested in this topic? What are people saying about it? What is the response of the representatives who we heard at committee and who have been working on this?

[International Interests in Mobile Equipment (aircraft equipment) Act, November 15th, 2004]

Madam Speaker, it is a great pleasure to rise today for this third reading debate on Bill C-4, an act to implement the convention on international interests in mobile equipment and the protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment. I would like to take this opportunity to discuss the legislative amendments that will come into force once this convention is ratified.

Canada is a leader in electronic registries and has one of the most modern asset based financing systems in the world. Canada already has a sophisticated financial regime that uses assets as collateral. However, implementation of the convention and protocol would benefit the aviation sector by amending insolvency legislation and establishing an international registry specifically for aircraft equipment.

The convention and protocol would establish an international registry in which interests in aircraft equipment would be registered. This registry would replace individual national registries. It would record the existence and prospective rights and determine their priority for the use of purchasing and financing of aircraft.

Currently, in Canada each province and territory maintains their own aircraft registry and the federal government maintains a registry as mandated by the Bank Act. The establishment of a single worldwide international registry would replace both federal and provincial registries for aircraft and aircraft parts in Canada, greatly simplifying aircraft registration.

On March 31 Canada signed the convention on international interests in mobile equipment and the protocol to the convention on international interests in mobile equipment on matters specific to aircraft Equipment. Justice Canada officials regularly consulted with the provinces and territories throughout the negotiations leading to the adoption of the convention and the protocol. This will create a uniform, secure and predictable environment at the international level for Canadian business. This is in line with Canada's goal of achieving enhanced transparency, security and predictability in international business.

The Bank Act special security regime allows banks in Canada to register security interests on a national basis for certain types of defined products listed in the act. The types of products that can be registered under the Bank Act are technically broad enough to include aircraft equipment covered by the new protocol.

Since the goal of the protocol is to create a single international registry, amendments to the Bank Act would be required to avoid overlap. The most effective means of doing this would be to remove aircraft equipment from the application of the Bank Act.

The international registry would allow aircraft owners, lessors and financial institutions to record their rights, including security interests in aircraft and aircraft engines. Registration would establish the purchaser's or creditor's priority over the unregistered or subsequently registered interests of other parties.

Information on the Internet based registry will be available to and accessible by any individual or company directly. This will provide a considerable advantage in terms of time, cost savings and improved certainty in resolving questions of priority of interests.

Aviareto, an Ireland based company, was selected as registrar through a tendering process supervised by the International Civil Aviation Organization. The establishment of the international registry has begun, and Aviareto will operate the registry once the convention and protocol come into force.

Before Canada ratifies the convention and protocol, a careful examination will be done of the final acceptability of the terms of operation of the new international registry. Canada will withhold ratification until it is satisfied that the registry is fully operational and secure.

Amendments to the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Winding-Up and Restructuring Act would also be required in order to implement the convention and protocol. The bill would provide for a special remedy in the case of insolvency that would impose a fixed stay period of 60 days. After this period, creditors could reclaim an aircraft or aircraft equipment on which they had a security.

Under current legislation, there are various periods within which creditors are subject to a stay on their ability to enforce security interests. These stays can sometimes extend to more than a year. The adoption of a fixed 60-day period would increase certainty in the system and level the playing field between Canada and the United States. The U.S. industry already benefits from a similar provision under the U.S. bankruptcy code.

The adoption of consequential amendments to Canada's insolvency laws would benefit Canadian aircraft manufacturers, financiers and airlines on the international level. Although these changes would provide better protection for creditors, they would not materially impact debtors' ability to pursue reorganizations in case of insolvency.

The federal legislation required to implement the convention and protocol would make the necessary amendments to the relevant acts. Legislative amendments may be proclaimed into force at different times, but no later than a date on which a convention and protocol enter into force in Canada.

It is clear that the adoption of the bill will be an important step in the creation of an international regime that the aviation industry worldwide sees as beneficial. I applaud the quick and thorough work done by the Standing Committee on Transport, and I encourage all members to support third reading of Bill C-4.

[Tlicho Land Claims and Self-Government Act, October 29th, 2004]

Mr. Speaker, I listened intently for a question but what I heard was a lot of praise for the work done by the government and the negotiators. A few points were made on how it took too long, but it was important to get it right. The government had to make sure the Tlicho people were satisfied with the agreement. I think it was incumbent upon us, as the government, to make sure everyone was heard. During my comments I explained some of the details.

I would like to take a minute to bring forward some of the many areas which I meant to do during my speech. This is a very comprehensive agreement and the areas I want to touch on are areas which many of us would not realize.

The Tlicho agreement contains 27 chapters and includes some of the following topics, among others, which will show how broad the negotiations were: enrolment, Tlicho government, Tlicho community governments, Tlicho lands, access to Tlicho lands, wild rice harvesting rights, wild rice harvesting management, land and water regulation, subsurface resources, mineral royalties, protected areas, heritage resources and economic measures. Those are just some of the many things that were looked after and everyone was in agreement.

I would point out to my hon. colleagues across the way that when the job is done right and everyone has patience and we make sure that we cover all our bases, we can get results, like 84% in a vote of confidence. The member mentioned that he would accept 50% plus one, but I believe most of Canada would like to see a rate of 84% or higher if there is going to be a decision made in Quebec.

I think they can learn from the Tlicho and learn to do things right. We can all live together. I think it is very good news for Canada.