Equity in rhetoric and (in)action: a thematic analysis of Canada’s approach to intellectual property rights in pandemics

The Canadian federal government has consistently emphasized its commitment to global health equity. However, during the COVID-19 pandemic and its aftermath, Canada repeatedly resisted measures designed to promote equitable and timely global access to medicines through intellectual property (IP) sharing. This research study employs a qualitative, document-based thematic analysis to examine how Canada’s rhetorical commitments to equity intersected with its policy actions across three key cases: Canada’s Patent Act flexibilities surrounding the COVID-19 World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Waiver; Bolivia and Biolyse’s efforts to navigate Canada’s Access to Medicines Regime and the World Health Assembly’s intergovernmental negotiating body’s efforts to draft a treaty for pandemic prevention, preparedness and response. Across these cases, we find that Canadian representatives strategically advanced a narrow conception of equity centred on inclusion and gender, while sidelining intellectual property reform and the structural conditions of access. We conclude by outlining three policy recommendations for Canada to better align its commitment to equity with action on encouraging access to life-saving medicines.