Issue 14 Canadian HIV/AIDS Legal Network March 2004 Network Challenges Montreal Archbishop - And Wins! Canada's Drug Patent In the space ofa few weeks in January, actions These events all took place in Montreal within· Act Amendment 2 by three different institutions in Quebec (the a couple ofweeks, but everyone concerned Consultation on Catholic Church, the police, and a hospital) about good public policy and the rights ofpeo­ Sex Work 3 combined to threaten the human rights ofpeo­ pIe living with HIV/AIDS in Canada should be ple living with HIV/AIDS, raise the spectre of worried. The Legal Network reacted within a Submission on sexual mandatory HIV testing, and create unnecessary orientation to UN Com- couple ofdays from the first announcement, mission on Human Rights 4 public fears about the spread ofHIV infection. and in the weeks following issued two press In response to what we called "the worst weeks releases, published op-eds in the Toronto Star Dublin Declaration on in recent history for people living with HIV/ and in Le Devoir, and wrote to the Montreal HIVIAIDS in Prisons 4 AIDS in Quebec," the Legal Network, working Archbishop, the City ofMontreal, and the Que­ Community Mobilization in partnership with COCQ-sida (the Quebec bec Minister ofHealth. Most importantly, we Workshop 5 Coalition ofCommunity-Based Organizations asked the Quebec Human Rights Commission Fighting AIDS) called for a province-wide to launch an investigation into the matter of Microbicide, Treatment and Vaccine Advocacy 5 campaign against HIV/AIDS-related stigma HIV testing ofpriesthood candidates. and discrimination. One month later, and before the Human Rights Deadly Public Policy 6 First, all Quebecers living with HIV received a Commission could even issue an opinion, the slap in the face from Montreal Cardinal Tur­ Archdiocese ofMontreal issued a statement Inside the Network 6 cotte, when he made public statements defend­ saying that it had rescinded its plan to require ing the decision to ask all priesthood applicants that applicants for priesthood undergo HIV to undergo HIV testing, and suggested that testing. Our hard work and that ofour partners Coming Soon 7 HIV-positive people would not be able to fulfill had clearly paid off. Yet, as RalfJUrgens, the the duties ofpriesthood. Then, in response to Network's Executive Director says, "we are Feedback 8 news that an HIV-positive surgeon had oper­ afraid that what we saw in Montreal in January ated at Ste-Justine Hospital in Montreal since is only the tip ofthe iceberg. A sustained cam­ New Resources 8 the mid 1990s, there were calls for mandatory paign against HIV-related stigma and discrimi­ HIV testing ofhealth-care workers, despite 20 nation is needed. Ignorance and prejudice con­ years ofconsensus that this is not the best way tinue, or are even getting worse. A lot ofwork to protect patients, and despite the minimal risk lies ahead ofus." ofHIV transmission from health-care providers to patients. And finally, Peter Yeomans, City of For more information about the Network's Montreal Executive Committee member work, see www.aidslaw.calMaincontentiissues/ responsible for public security, irresponsibly testing.htm, as well as an upcoming article in suggested that applicants for Montreal's police issue 9(1) ofthe Canadian HIV/AIDS Policy & Canadian need to be free from HIV to be able to do Law Review. Strategy on their job. HIV/AIDS Funded by Health Canada, under the Canadian Strategy on HIVIAIDS CANADIAN HIV/AIDS LEGAL NETWORK ~NetworkNews ~Flashes Failing to Properly Amend Canada's Drug Patent ActWould Betray Patients in Developing Countries Network News readers will be familiar with our Industry, Science and Technology, which will current efforts, in collaboration with other make recommendations on whether the bill members ofthe Global Treatment Access should be changed before it is enacted. Group (GTAG), to push for improvements to amendments to the Patent Act and the Food In conjunction with the Committee's review, and Drugs Act that would permit export of the Network and other GTAG members have low-cost generic drugs from Canada to devel­ stepped up efforts to ensure politicians are oping countries where they are desperately aware ofthe problems with Bill C-9. To this needed. end, the Network has distributed a briefing kit First introduced as Bill C-56 in November 2003, and reintroduced with the opening ofthe Network News alms to keep readers up to date on activities new Parliamentary session in February 2004 undertaken by the Canadian HIV/AIDS Legal Network. as Bill C-9, the bill has the potential to allevi­ © 2004 Canadian HIVIAIDS Legal Network. We encourage ate great suffering and save many lives in the dissemination of the Information contained in this countries that cannot make their own generic newsletter and will grant permission to reprint material medicines. provided that proper credit is given, Editor: Elana Wright As it is currently drafted, however, Bill C-9 Translator: Josee Dussault Lay-out: Melanie Paul-Hus will not lead to cheaper medicines for people Contributors: Thomas Halg. most in need. The bill is seriously flawed in Ralf Jurgens, Richard Elliott CANADIAN IIt * S I: A U HI y. A ID• .IURIDIQUI: several ways: Illustrations: Marc Fraser, Grant Loewen L II!: GAL CANADIEN • It allows brand-name companies to scoop NETWORK VIH-SIDA contracts negotiated by generic drug mak­ ers with developing countries; Canadian HIV/AIDS Legal Network 417 Saint-Pierre St. Suite 408 • It includes a limited list ofpharmaceutical Montreal, QC H2Y 2M4 products - for example, many ofthe AIDS Tel: 514 397-6828 Fax: 514 397-8570 drugs currently used in Canada are not www.aidslaw.ca [email protected] even on the list; ISSN 1488-0997 • It excludes some countries with limited resources, high poverty rates and low Funded by Health Canada, under the Canadian Strategy on HIV/AIDS. levels ofaccess to medicines;'because they do not belong to the World Trade The findings, interpretations, and views expressed in this publication are entirely those ofthe authors and Organization; do not necessarily reflect official policy or positions of • It does not allow generic companies to Health Canada or the Canadian HIV/AIDS Legal contract directly with non-goverrunental Network. organizations that are critical providers of The Canadian HIV/AIDS Legal Network is a charitable orga­ nization promoting the human rights of people living with and health care in many developing countries. vulnerable to HIV/AIDS, In Canada and internationally. We accomplish this through research. policy analysis, education, Bill C-9 is currently being reviewed by the advocacy and community mobilization. House ofCommons Standing Committee on I .. 2 • NETWORK NEWS • ISSUE 14, MARCH 2004 CANADIAN HIV/AIDS LEGAL NETWORK to all 301 MPs with recommendations on how ary indicate the government may be ready to the bill must be amended. We have also make changes to the bill: "Our government ACTION ALERT launched an Action Alert, resulting in hun­ really does not want to find itselfin a situation dreds ofe-mails, letters and faxes being sent to where it enacts a law and then no one partici­ the government from every province and terri­ pates in sending the medicines." tory - and countries mnging from the U.S. to Bangladesh, Fmnce to Ghana - urging that Bill This makes it all the more important that the C-9 be changed to ensure it meets its goal. Government hearfrom Canadians that they want theflaws in Bill C-9fzxed, and in ways Join the campaign to fix Bill C-9 by sending a letter to On Thursday, 26 February, the Network was that do not let brand-name companies use pat­ your MP and to the Prime one offour NGOs invited to present their con­ ents on medicines to block the competition by Minister by 22 March 2004. cerns at public hearings the Standing Commit­ generic producers thatis needed to bring prices If possible, please send your tee has been holding on Bill C-9. The Net­ down and keep them down for developing letter by FAX or work's presentation included a detailed pro­ countries. Recently, Canada's lobby group for REGULAR MAIL in addition posal with specific language for amending the bmnd-name pharmaceutical companies has to email, as this can have bill to address these concerns. proposed a so-called "alternative" to the much­ greater impact. For sample criticized "right offirst refusal". However, this letters, fax numbers and At a press conference held that same afternoon alternative has been condemned by a wide addresses, and additional by the Network and Medecins Sans Frontieres, range ofcivil society organizations, including information, see: Richard Elliott, the Network's Director ofLe­ the Legal Network and international law ex­ www.aidslaw.cal gal Research and Policy, asked: "Will Canada perts, as not substantially different from the Maincontenclissueslctsl show real leadership, or will it embarrass itself right offirst refusal, and have called upon the patent-amend.htm and set a bad global precedent with flawed government to reject this proposal. The Net­ legislation?" work has provided our views on this matter in a supplementary submission to the Committee, Statements by Industry Minister Lucienne Ro­ which will continue to meet in March. billard at the Committee hearings on 25 Febru- Consultation with sex workers, activists and researchers Sex workers are frequently considered to be Workers, the meeting provided a great "vectors" for HIV tmnsmission mther than opportunity for participants to discuss their persons who, for many reasons, including legal issues and priorities. reasons, are vulnemble to contmcting HIV. The need to examine sex work issues at this Last year, Network members selected sex work time partly stemmed from the expectation that as the "new, emerging, and pressing issue" that the House ofCommons Standing Committee the Network should examine in 2003/2004 (see on Justice and Human Rights would review Network News 11, August 2003) This affords Canadian criminal laws related to prostitution an opportunity to analyze the legal, ethical, and in late 2003 following a motion put forward by human rights issues related to sex work in the Libby Davies, MP for Vancouver East.