Unpacking the senate of Canada debate on Bill S-232 – an act to amend the patent act: inconsistencies and implications for global public health

In 2003, the Canadian government committed to implementing the WTO’s August 30th Decision by creating Canada’s Access to Medicines Regime (CAMR). CAMR allows for on-patent production of generic low-cost medicines for export to poor countries. However, CAMR has been used only once and proved to be ineffective. As a result, two reform Bills (S-232 and C-393) were introduced in the Parliament of Canada. On March 9, 2011, Members of Parliament voted to pass Bill C-393. The Bill—now before the Conservative-controlled Senate—faces fierce opposition. This paper examines the Senate of Canada debates on Bill S-232 using a content analysis approach. The dominant ideology in the debates appeared not to be a moral, humanitarian perspective primarily concerned with human health, but rather a neo-liberal set of assumptions oriented toward maintaining the health of markets. It appears that opposition to reform CAMR is shaped by contradictory arguments informed by neo-liberal principles.