Implications of the Evolution of Canada’s Three Orders of Government for ABS Implementation

Oguamanam, Chidi, ed. Genetic Resources, Justice and Reconciliation: Canada and Global Access and Benefit Sharing, ed (Cambridge: Cambridge University Press, 2018).

19 Pages Posted: 11 Feb 2019

See all articles by Frederic Perron-Welch

Frederic Perron-Welch

Leiden University; McGill University - Centre for International Sustainable Development Law (CISDL)

Chidi Oguamanam

University of Ottawa - Common Law Section

Date Written: December 2018

Abstract

This chapter evaluates the potential for the governance of access and benefit-sharing in Canada through the lens of different layers of government: federal, provincial, territorial and Indigenous. The emphasis of the chapter is on how the nation-to-nation approach could be an effective way to integrate Indigenous peoples’ claim to genetic resources (GR) and their traditional knowledge (TK) as aspects of their self-determination. A nation-to-nation approach recognizes Indigenous peoples as stakeholders in access and benefit-sharing (ABS) in ways that advance the pursuit of justice and reconciliation in Canada. With the backdrop of ongoing policy initiatives and multifaceted attempts at renewing Canadian-Indigenous relations, the chapter underscores the federal government’s role in driving the charge. It will also require a commitment on the part of provincial governments, and overall political will across Canada, to draw in Indigenous peoples as genuine partners in order to fully integrate their legal traditions. Before Canada can implement the Nagoya Protocol, and any other ABS vision for that matter, all governments need to take the nation-to-nation mantra seriously and to articulate the legal status of GR and TK in Canada.

Keywords: Medical Law, Ethics and forensic Medicine, Medicine, Intellectual Property, Law, traditional knowledge, self-determination, Indigenous, Nagoya Protocol, reconciliation, genetic resources,

JEL Classification: Y60, K11, K32, J43, Q01, O34, O39

Suggested Citation

Perron-Welch, Frederic and Oguamanam, Chidi, Implications of the Evolution of Canada’s Three Orders of Government for ABS Implementation (December 2018). Oguamanam, Chidi, ed. Genetic Resources, Justice and Reconciliation: Canada and Global Access and Benefit Sharing, ed (Cambridge: Cambridge University Press, 2018)., Available at SSRN: https://ssrn.com/abstract=3326269 or http://dx.doi.org/10.2139/ssrn.3326269

Frederic Perron-Welch

Leiden University ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

McGill University - Centre for International Sustainable Development Law (CISDL) ( email )

Montreal, Quebec
Canada

Chidi Oguamanam (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
8
Abstract Views
261
PlumX Metrics