SoVote

Decentralized Democracy

House Hansard - 141

44th Parl. 1st Sess.
December 5, 2022 11:00AM
Context: House Hansard - 141 - Dec/5/22
Mr. Ted Falk (Provencher, CPC)
Madam Speaker, I am pleased to take this opportunity today to speak to this legislation. I would like to start by recognizing the sponsors of the bill, the Hon. Senator Ataullahjan from the other House and our member for Sherwood Park—Fort Saskatchewan, for the leadership that they have shown on this important issue. I want to thank them, and it is encouraging to see a bill brought forward that can be supported across all party lines and in both Houses. I am excited to see this legislation come to fruition. I will begin with how we view the human body, and the dignity and worth that we assign to that human body. My faith teaches me that every human being is created in the image of God and that there is sanctity and a sacredness to human life, including the physical body. That is why, unlike so many other ancient civilizations or religions, those who follow and have followed Christianity, Judaism or Islam have historically practised burial rather than cremation. There is the belief that, even after death, the human body remains important. Christianity and even some branches of Judaism teach that the body will one day be resurrected and transformed. As such, the body is of value and must be treated with care and respect, even after death. If the human body is viewed as important, worthy of care and dignity, and sacred even in death, how much more should it be treated as sacrosanct while the human person is alive? Even those who reject the tenets of the three Abrahamic faiths would agree that the body after death should be treated with dignity. In fact, here in Canada we have laws that relate specifically to the handling of a human body after death. Section 182 of the Criminal Code of Canada makes it a criminal offence to improperly or indecently interfere with or offer any indignity to a dead human body, and there are similar laws around the globe. Why? It is because as humans we recognize there is a sacredness to humanity, including the physical body. Again, if treated with such dignity and reverence after death, how much more so while still alive? For those who prefer a more humanistic argument, I would point the House toward Immanuel Kant and his piece, Groundwork of the Metaphysics of Morals, in which he casts the innate dignity of every human being as a categorical imperative. If we follow Kant, we must recognize that when a human organ becomes a commodity, a monetary value is placed on that organ. By assigning a monetary value to the organ, we essentially assign a monetary value to the individual who provided it. I am quite confident that we all agree with Kant, in this aspect, that putting a price on any part of a human being violates his or her intrinsic dignity. Moreover, the removal of organs by force, under coercion or with consent, violates another Kantian principle: that of bodily autonomy. We hear a lot about bodily autonomy. We hear very different perspectives on what that entails, but there is a near-universal belief, at least in the western democracies, that what happens in an individual's body should be the sole purview of that individual or, in the case of young children, of their parents. Sadly, there are still individuals, criminal organizations and even some governments who refuse to respect the sanctity of the body. No country officially endorses the practice of organ trafficking, but many turn a blind eye to this dehumanizing and often dangerous practice. In some cases, individuals, often those who live in poverty, sell their organs. In others, organs are obtained without the consent of a donor. An example of this would be what is happening in China with political prisoners, particularly people of faith. Again and again we have raised the plight of the Uighurs, practitioners of Falun Gong and Christians. There have been many petitions presented in this House to that effect, with respect to individual groups who have been persecuted by China's brutal regime. Organ harvesting of these religious minorities by China is well documented. Typically, these extractions and the transplants themselves take place outside of national medical systems, so even assuming the donor is kept alive, which is never a guarantee, there is a high risk associated with the extraction and implantation of these organs, and as such these practices violate the sanctity and dignity of the human person. Therefore, we can all agree that human life is precious, and the body and the organs therein are worthy of the protection this legislation seeks to provide. I am pleased that we are standing up for the value of human life. I wish we would also have the courage to show a similar concern and do what the Supreme Court of Canada instructed Parliament to do three decades ago, and finally enact legal protection for the preborn child in the womb. It is time we acted. I am in favour of the bill's crackdown on foreign nationals who have been involved in organ trafficking attempting to come to Canada. I think that is good. It is high time that we crack down on who is allowed to come to Canada and who is not. However, I think that we need to be careful to differentiate between those who have been involved as traffickers and those who the traffickers may have exploited. If an individual has been involved in trafficking proper, that is, if they have facilitated or received monetary benefit from facilitating the illegal trafficking of organs, like those who traffic in drugs or slaves, that individual should not be admissible to Canada. As an aside, I think it is reprehensible and hypocritical that the current government, even though it is supporting the legislation, also brought forward Bill C-75, which lowered the penalties for those involved in profiting from human trafficking. It is frankly absurd, and I hope some of the members on the opposite side see the disconnect, but any foreign nationals who traffic or profit from trafficking in human organs should not be admissible to Canada. That said, as I read this legislation, I think that there should be a clear enough differentiation between traffickers and those who have willingly donated their own organs. I am also a bit concerned about the first part of proposed subsection 4.2, where it says, “a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.?1 is deemed to commit that act or omission in Canada”. As far as it relates to this piece of legislation, I think it is good, but I understand and I have to admit that I do struggle a little with that portion for a couple of reasons. The first is that other countries are not Canada, and every country around the globe has its own laws and legal systems. In the same way that we would expect those who come to Canada to respect our laws, we also need to be willing to respect the laws of other countries. I know there are good counter-arguments to that point. Many of them are excellent reasonable arguments, but I think that something needs to be said where we respect other jurisdictions. I would like to reiterate again that I am happy we are having this discussion. I would like to see that handful of concerns addressed, but overall I am pleased to be supporting this legislation. Our party is pleased to support it. I want to again thank the member for Sherwood Park—Fort Saskatchewan and Senator Ataullahjan for their hard work on this file. I am looking forward to supporting it.
1302 words
All Topics
  • Hear!
  • Rabble!
  • star_border