Archive for May, 2021

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The Law Bytes Podcast, Episode 88: Ellen ‘T Hoen on Waiving Patents to Support Global Access to COVID Vaccines

The global struggle for access to COVID-19 vaccines took a dramatic turn recently as the Biden Administration in the United States unexpectedly reversed its longstanding opposition to a patent waiver designed to facilitate access to vaccines in the developing world. The shift seemingly caught many by surprise. Pharmaceutical companies were quick to voice opposition and U.S. allies found themselves being asked to take positions. That was certainly the case in Canada, where the Canadian government has steadfastly refused to support the waiver with repeated claims that it had yet to make a decision.

Ellen ‘t Hoen, is a lawyer and public health advocate with over 30 years of experience working on pharmaceutical and intellectual property policies. From 1999 until 2009 she was the director of policy for Médecins sans Frontières’ Campaign for Access to Essential Medicines. In 2009 she joined UNITAID in Geneva to set up the Medicines Patent Pool (MPP). Ellen is currently the director of Medicines Law & Policy and a researcher at the University Medical Centre Groningen. She joins the Lawbytes podcast this week to talk about the fight for a patent waiver and the implications of the Biden decision for global access to COVID vaccines.

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May 17, 2021 2 comments Podcasts
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Failing Analysis: Why the Department of Justice “Updated” Charter Statement Doesn’t Address Bill C-10’s Free Speech Risks

The Department of Justice yesterday released its updated Charter statement on Bill C-10. To the surprise of absolutely no one, the department argued that the bill is Charter compliant. That conclusion was never in doubt as the statement is quite clearly more a political document than a legal analysis. The only real questions were whether the department would seriously grapple with the freedom of expression implications of treating all user generated content as a “program” subject to regulation by the CRTC and if Minister of Justice David Lametti would come to the Standing Committee on Canadian Heritage to answer questions on the statement. It turns out the answer is no to both questions: the statement glosses over the actual concerns with Bill C-10 and Lametti will be a no-show at the committee hearing.

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May 14, 2021 15 comments News
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Conservative Party Pledges to Repeal Bill C-10

Bill C-10 is officially an election issue.

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May 14, 2021 5 comments News
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No Nonsense Podcast: Online Censorship with E-Commerce Law Expert Michael Geist

I appeared on the No Nonsense Podcast, hosted by Pamela Wallin on May 13, 2021.

In the episode, we discussed the proposed bill by the Canadian government to regulate social media.

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May 13, 2021 Comments are Disabled ExtPodcasts
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Heritage Minister Steven Guilbeault Signals Canadian Government Abandoning Support for Net Neutrality

The Canadian government’s support for net neutrality has long stood as a foundational principle of its approach to the Internet. In 2017, Prime Minister Justin Trudeau said he would defend net neutrality and expressed concern about the attacks on net neutrality in the U.S. That same year, Heritage Minister Melanie Joly made net neutrality a foundational part of Canadian cultural policy, stating that “as a government, we stand by the principle of net neutrality.” ISED Minister Navdeep Bains adopted the same position, stating “Net neutrality is one of the critical issues of our times, much like freedom of the press and freedom of expression before it.”

Given that freedom of expression is taking a back seat in Bill C-10 with the regulation of user generated content, perhaps it was inevitable that the government would also reverse its position on net neutrality. Canadian Heritage Minister Steven Guilbeault recently gave an interview to the Toronto Star in which he appears to back away from supporting net neutrality, equating it to any Internet regulation:

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May 13, 2021 9 comments News