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3 results

  • 9 - Access and Benefit-Sharing in Canada
  • from Part II - Hurdles to ABS
  • Edited by Chidi Oguamanam, University of Ottawa
  • Book: Genetic Resources, Justice and Reconciliation
  • Published online: 18 December 2018
  • Print publication: 20 December 2018, pp 157-178
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    Summary

    Through a review of international obligations under the Convention onBiological Diversity (CBD), the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization (NP) and with reference to other instruments, this chapter surveys national measures related to access and benefit-sharing (ABS) in Brazil, Namibia and Australia. It identifies insights from those experiences as the basis of policy recommendations to shape the existing and evolving ABS framework in Canada. Operationalization of ABS in Canada requires the effective involvement of Indigenous peoples grounded in mutual respect. Empowerment of Indigenous governance of genetic resources (GR) and traditional knowledge (TK), integration of adequate administrative review to evaluate and monitor utilization, facilitation of fair and equitable benefit-sharing and the inclusion of a disclosure of origin requirement in the patent framework provide areas of opportunity to support the implementation of the NP and reconciliation with Indigenous peoples in Canada.