November 24, 2021

Minister, the consequences of a failure to adopt the TRIPS waiver could be millions of lives, both in those countries that have little or no access to necessary products and technologies and in countries such as Canada where residents continue to be vulnerable to new variants of COVID- 19. [...] While the treaties themselves are not enforceable in Canadian courts, obstructing the adoption of the TRIPS waiver would, in our view, breach Canada’s legal duty to perform these international human rights obligations in good faith, as required under the Vienna Convention on the Law of Treaties. [...] It would violate the rights of vulnerable residents of Canada to life and security of the person under section 7 of the Canadian Charter and the rights of women, the elderly, persons with disabilities, Indigenous Peoples, Black people, other racialized persons, persons experiencing poverty and other groups protected under section 15 that are disproportionally affected. [...] These breaches of international law and of the Canadian Charter could be the basis of legal challenges in Canadian courts in co-ordination with similar litigation initiatives in several other countries that have failed to support the proposed waiver. [...] Marlise Richter Martha Jackman Professor, Faculty of Law, University of Ottawa 7 Matiangai Sirleaf Nathan Patz Professor of Law University of Maryland School of Law Maxwell Smith Assistant Professor Western University Dr.