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Crucial Fact

  • His favourite word was transportation.

Last in Parliament March 2023, as Liberal MP for Notre-Dame-de-Grâce—Westmount (Québec)

Won his last election, in 2021, with 54% of the vote.

Statements in the House

Patent Act June 12th, 2009

Mr. Speaker, I would like to begin by saying that I truly believe that as a country, we must do everything we can to help people in developing countries get access to much-needed medicines. Such a humanitarian initiative must be supported, because we all know that many people are suffering in poorer parts of the world.

Having said that, I personally do not believe that we can achieve that goal by changing the law associated with Canada's Access to Medicines Regime. Allow me to explain.

Canada's Access to Medicines Regime, or CAMR, came into force in May 2005, following the adoption by Parliament of Bill C-9. CAMR's purpose was to put in place a low-cost generic drug-based mechanism to deliver lifesaving medications to countries which could not otherwise afford them. The purpose was laudable and remains laudable, and the bill passed with the consent of all parties.

As an amendment to the Patent Act, CAMR allows generic drug companies to obtain the compulsory licence to manufacture patented pharmaceutical products and to export those products to developing countries that do not have internal capacity to manufacture products required to address public health problems.

If one looks at the flow of generic medicines to developing countries since the implementation of CAMR, one can only cite one example of such a transfer from Canada, and that was to Rwanda.

Similar legislation to CAMR implemented in other countries has also not resulted in the flow of generic medicines to developing countries.

The reasons for this situation are complicated, but they have nothing to do with the difficulty of complying with the current legislation, as the bill before us today suggests. The amendments proposed in Bill C-393 will not make things better, because the main challenges involved in getting medicines to the people who need them have nothing to do with the flaws in the current legislation.

The balance that was established in the legislative process through amendments to the Patent Act and the Food and Drugs Act was deemed appropriate by the review conducted in 2007 by Industry Canada in collaboration with Health Canada, CIDA and DFAIT.

Although critics of CAMR have said that the law is too complicated, it is worth noting that Douglas Clark, the former director of Patent Policy at Industry Canada, has stated that this criticism is not credible.

In fact, the reasons why CAMR does not work as we had hoped have to do with real problems in the field, in the countries that need these medicines. They have to do with access to properly trained medical staff, whether they be doctors or nurses. They have to do with clean water supply, refrigeration facilities, accurate diagnosis, secure infrastructure for distributing the medicines and so on. In short, they have to do with poverty and the need to make developing countries aware of CAMR. Those are the real challenges.

It is not the process itself of requesting the medicine. That process is uncomplicated, even with its checks and balances that ensure compliance with international obligations under the WTO TRIPS agreement, the agreement on trade-related intellectual property rights.

Canada does have obligations related to TRIPS and it is important to respect them. The World Trade Organization's agreement on trade-related intellectual property rights, to which Canada is a signatory, generally prohibits countries from engaging in compulsory licensing for purposes of export.

Canada and other WTO member countries are authorized to adopt regimes like CAMR only as a result of an agreement reached between WTO member countries in August 2003, which waives the restriction that compulsory licensing can only be used for their domestic markets. This waiver sets out strict and limited conditions under which Canada and other exporting WTO members may grant compulsory licences to manufacture and export pharmaceutical products for humanitarian purposes.

It is important to remember that Canada is only one of many nations that have implemented the waiver as part of their domestic legal regimes. CAMR appropriately uses this waiver as the basic framework for Canada's regime. The waiver is also used by other nations as the basis for their domestic law equivalence of CAMR.

The changes to CAMR proposed by Bill C-393 would eliminate all references to the TRIPS agreement and waiver and would eliminate most of the elements of CAMR that help Canada to comply with the applicable conditions governing the issuance of compulsory licences.

The amendments proposed to CAMR in the bill would render the regime non-complied with Canada's WTO obligations as established in the TRIPS agreement and waiver.

Key deficiencies in the proposed amendments, from the standpoint of WTO compliance, include the fact that TRIPS requires the applicant for licence to seek a voluntary licence from the patent owner.

Bill C-393 would repeal the provision of CAMR that requires the prospective licensee to seek from the patentee a voluntary licence to manufacture and sell pharmaceutical products for export. This is inconsistent with the spirit of the waiver, which is intended, where feasible, to encourage voluntary agreements rather than impose compulsory licences.

TRIPS requires that the scope and duration of the licence must be limited to the purpose for which it is authorized. The bill would repeal all limitations on the scope and duration of the compulsory licence, theoretically granting a perpetual and unlimited legal right.

TRIPS requires that a licence should be terminated if and when the circumstances that lead to its issuance cease to exist or are unlikely to recur. Under Bill C-393, absent an application by a patent owner, a licence would only terminate if relinquished by the licensee.

TRIPS requires that the patent owner be paid adequate compensation in the circumstances of each case. Bill C-393 would repeal the CAMR provision that allows the patent owner to seek a higher royalty than the formula established by CAMR, if warranted.

The waiver applies only to pharmaceutical products needed to address public health problems. Bill C-393 would repeal schedule 1 of CAMR, which is the list of eligible products, and would not put in place any limitation on the patented pharmaceutical products for which a compulsory licence may be granted.

The waiver requires all importing WTO members to make a notification to the WTO, specifying the name and quantity of needed pharmaceutical products. Importing members, which are not least-developed countries, must also establish that they do not have the manufacturing capability to produce the pharmaceutical product. Bill C-393 would not require any notification or copy of the notification submitted by an importing country regarding its need for a pharmaceutical product or setting out the quantity required or speaking to manufacturing capacity.

The waiver states that exporting members, like Canada, can only authorize manufacture and export of that amount of product necessary to meet the needs of the importing member and states that all of the product must be exported to that importing member, as opposed to other members or countries. Bill C-393 places no limits on the amounts of product that may be manufactured under the compulsory licence and would permit unlimited quantities of the product to be exported to any eligible importing country regardless of their need.

The issues noted above are only the most obvious problems of Bill C-393 to comply with Canada's international obligations. It is clear that if this bill were to become law, Canada would be in default of its international trade treaty obligations under the TRIPS agreement.

Canada is a well-intentioned country that wishes to provide much needed assistance to countries in need of medicines to prevent or combat diseases such as tuberculosis, malaria, HIV-AIDS and other epidemics. That is why Parliament voted for Bill C-9, the original CAMR legislation. In other words, our intentions were and remain honourable.

In the intervening years, however, we have come to the conclusion that what we had intended, a flow of generic drugs to countries in need, is not happening. We are all in agreement on this point, however, there is a different interpretation as to why CAMR is failing.

There are many things that Canada can and should do through CIDA, and that is where Canada should focus its efforts. That will enable Canada's Access to Medicines Regime, which is part of the solution, to do everything it is supposed to do.

Children's Commissioner of Canada Act June 11th, 2009

moved for leave to introduce Bill C-418, An Act to establish a Children’s Commissioner of Canada.

Mr. Speaker, as a new parliamentarian, it is a great honour and pleasure for me to present my first private member's bill to create a commissioner for children for Canada, supported by my colleague for Winnipeg South Centre.

Canada ratified the United Nations Convention on the Rights of the Child almost 20 years ago. I believe that it is now time for Canada to create the position of commissioner for children to ensure that their rights are protected. I will limit myself to reading the very short purpose of this proposed act. It states:

The purpose of this act is to establish an independent official to ensure governmental accountability in respect of the Convention, and to promote, monitor and report on the effective implementation of Canada's obligations under the Convention that are within the legislative authority of Parliament, in order to advance the principle that children are entitled to special safeguards, care and assistance, including appropriate legal protection.

(Motions deemed adopted, bill read the first time and printed)

International Trade June 8th, 2009

Mr. Speaker, since the minister was there, he will have heard Canadian municipalities express their frustration with growing U.S. protectionism by threatening to retaliate in kind.

While we all know that protectionism is the worst possible reaction to a global recession, the government's absence from the bargaining table in Washington has forced the hand of Canadian cities and communities. Canadian manufacturers and steel producers are being locked out of U.S. contracts because of buy America provisions.

Since the American Congress has yet to listen to the Conservatives, what is their plan now?

International Trade June 8th, 2009

Mr. Speaker, our towns and municipalities feel that they have been abandoned by the Conservatives. It seems as though the infrastructure money will never come, and it is already June 8. Furthermore, the protectionist measures passed by Congress are threatening the Canadian companies that rely on the American market. No one in the United States seems to be listening to the Conservatives.

What is their plan to combat American protectionism and to avoid a trade war?

Canada-Peru Free Trade Agreement Act June 1st, 2009

Mr. Speaker, I listened to my colleague and I would like to ask her a question. What contradiction or paradox does she see in an approach that favours free trade with another country and, at the same time, acceptance by Canadian mines of their social responsibilities?

Automotive Industry June 1st, 2009

Mr. Speaker, the Government of Canada will become part owner of both GM and Chrysler, as Canadian taxpayers provide 20% of the rescue package.

The Council of Canadian Academies has recently pointed out that private sector R and D advancement in Canada is low. This is a priceless opportunity for the government to ensure that both GM and Chrysler commit to performing some of their R and D in Canada in proportion to Canada's investment.

Canadians can, and should, contribute to developing the cars of tomorrow. Will the Conservatives seize this opportunity and make it happen?

Aerospace Industry May 15th, 2009

Mr. Speaker, I was hoping to hear about a strategy.

I have already asked this question twice in recent months. Let me try again a third time.

My question is very simple. It relates to a promise made by the Conservatives during the last election, namely, to provide $200 million in new funding for the strategic aerospace and defence initiative. That program is essential to the development of new technologies.

When will the Conservatives follow through on that promise?

Aerospace Industry May 15th, 2009

Mr. Speaker, CAE has just announced that it is laying off 700 employees, including 600 in the Montreal area. These layoffs are in addition to the job losses at Bombardier, Pratt & Whitney and other aerospace companies. The Canadian aerospace industry is the fourth largest in the world, and half of that industry is located in Quebec. In fact, the aerospace industry is to Quebec what the auto industry is to Ontario.

What do the Conservatives intend to do for the aerospace sector?

Canada Not-for-profit Corporations Act May 5th, 2009

Madam Speaker, I would like to thank my colleague for his question.

The issue of a charitable registration number has not been raised during debate this time, but it was raised in the past when I was not yet sitting in the House of Commons. The question was not raised again during these discussions and meetings with the witnesses.

We know there is another department involved when it comes to charitable organizations, the Canada Revenue Agency. At this point, there is a consensus among the members of the committee, who believe it is important to keep these two areas, not-for-profit organizations and charitable organizations, in their own niches.

Canada Not-for-profit Corporations Act May 5th, 2009

Madam Speaker, my hon. colleague from Esquimalt—Juan de Fuca is always thinking broadly in terms of policy in an incredible number of different areas dealing with government business.

During our deliberations in the three months that we saw witnesses, the issue of tax benefits did not come up. Like the hon. member, I certainly agree that people in the not-for-profit corporations, and I am an honorary patron of one myself, devote an incredible amount of their personal time to good causes, without remuneration. The great majority of not-for-profit corporations are made up of volunteers, and they do wonderful things.

The idea of recognizing the enormous contribution they make through some form of tax benefit is certainly appropriate, and perhaps it should be brought up at a future time. For the purposes of Bill C-4, it was not an issue that was raised specifically within the context of the law itself.