Biopiracy Flashpoints and Increasing Tensions over ABS in Canada

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

21 Pages Posted: 11 Feb 2019

See all articles by Chidi Oguamanam

Chidi Oguamanam

University of Ottawa - Common Law Section

Christopher Koziol

affiliation not provided to SSRN

Date Written: December 2018

Abstract

This chapter uses selected Canadian case studies to explore the use and exploitation of genetic resources and associated Indigenous or traditional knowledge in Canada; first, to demonstrate that biopiracy is a felt and increasing reality in Canada, and second, to interrogate the potentials and pitfalls of existing Canadian access and benefit-sharing (ABS) policy, especially with regard to its failure to incorporate Indigenous peoples. It argues that a combination of progressive research and entrepreneurship on the one hand, and the opening up of Canada’s Arctic region and its bounty of marine genetic resources on the other, will only produce new tensions over ABS. This wealth of genetic resources, the policy imperative of reconciliation with Canada’s Indigenous peoples, and the urgent need to sustain biodiversity and combat climate change will heighten existing tensions between Indigenous peoples and local communities and other potential ABS stakeholders in the Canadian context. Canada’s position as both a producer and user of genetic resources will therefore become more pronounced. Consequently, the dynamic between researchers, industry and Indigenous peoples will become increasingly fraught and problematic unless urgent steps are taken to implement an Indigenous-sensitive ABS policy in close partnership with Indigenous peoples across Canada.

Keywords: Medical Law, Ethics and forensic Medicine, Medicine, Intellectual Property, Law, traditional knowledge, biopiracy, Indigenous peoples, genetic resources,

JEL Classification: Y60, K11, K32, J43, Q01, O34, O39, Q28, Q57

Suggested Citation

Oguamanam, Chidi and Koziol, Christopher, Biopiracy Flashpoints and Increasing Tensions over ABS in Canada (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=3326273 or http://dx.doi.org/10.2139/ssrn.3326273

Chidi Oguamanam (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Christopher Koziol

affiliation not provided to SSRN

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