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House Hansard - 141

44th Parl. 1st Sess.
December 5, 2022 11:00AM
Context: House Hansard - 141 - Dec/5/22
Ms. Kristina Michaud (Avignon—La Mitis—Matane—Matapédia, BQ)
Madam Speaker, it is always a pleasure to address the House, and I am glad to be here to talk about Bill S-223 today. I love it when there is consensus in the House and all parties, no matter their political leanings, agree on an issue. I am happy to see that that is the case for this bill. I think this type of legislation is a step in the right direction for both Quebeckers and Canadians. I am very happy. We know that organ trafficking is a barbaric practice that has been around for a long time and has become more prevalent with the arrival of the Internet and improved immunosuppressant drugs. I believe it is our duty to enact legislation about this. Canada does not yet have legislation prohibiting people from engaging in transplant tourism, which means travelling abroad, buying organs, having them transplanted and returning to Canada. It is about time we enacted this kind of legislation. This bill provides an additional tool to combat trafficking in human organs, which speaks to the social and economic inequalities that unfortunately still exist around the world. It is also an additional tool to combat criminal groups. The bill is a step in the right direction in the fight against organ trafficking, but its effects will be proportional to the effort put into increasing knowledge and awareness about organ donation in order to address the shortage of organs needed for people waiting for a second chance. There has been a lot of discussion about the facts pertaining to this bill, and I would like to focus on a few of them. Bill S-223 explicitly makes it a crime to travel abroad to receive a transplanted organ that was removed without free and informed consent and obtained for consideration. Simply put, it prohibits individuals from engaging in a practice abroad that is prohibited in Canada. The Criminal Code prohibits the exploitation of individuals, which includes organ and tissue harvesting. Once again, the bill provides an additional tool, as I just mentioned. Technically speaking, the bill amends section 7 of the Criminal Code so that, if a person is found guilty of organ trafficking abroad, they will also be found guilty of the same crime in Canada. The bill also adds a few provisions regarding the removal of organs without consent. The bill makes it a crime to obtain an organ to be transplanted into one's own body or the body of another person “knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given”. The bill also makes it a crime to carry out, participate in or facilitate the removal of an organ from the body of another person “knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given”. It also makes it a crime to do anything in connection with the removal of an organ from the body of another person. It is clear that Bill S-223 makes any involvement in any such activity a crime. The bill would also prevent immigrants from becoming Canadian citizens if they are found guilty of a crime related to trafficking in human organs. I think that is an interesting addition to the Immigration and Refugee Protection Act. I would like to reiterate a few facts that were mentioned by several of my colleagues and that are good reasons for voting in favour of this bill. First, we all know that in 2002 Canada signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. This UN protocol, better known as the Palermo Protocol, prohibits trafficking in persons, whose definition includes the removal of organs. There is also the 2008 Declaration of Istanbul, which invited states to implement measures to fight organ trafficking, specifically transplant tourism. I also want to mention that Canada adheres to the World Health Organization's 11 guiding principles that prohibit monetary payment for the different parties for organ donation. They also require the free and informed consent of the donor, the protection of minors, and the allocation of organs removed to be guided by ethical and equitable norms. Through its participation in certain international declarations or conventions, Canada has clearly committed to fighting trafficking in human organs. Bill S-223 does exactly that. Unfortunately, we know that there are far more people in the world in need of a new organ than there are organs available. As in any market where it is possible to make money because demand far outweighs supply, people can turn to the black market to obtain what they need. When a person's life is on the line, the will to survive may override morals. The facts I will be sharing describe the seedy underbelly of organ trafficking. These are things that have been mentioned in the media, including in recent years. It goes as far back as the 2000s. According to the United Nations Global Initiative to Fight Human Trafficking, the organ trade occurs in three broad categories: traffickers who force victims to give up an organ; those who sell their organs out of financial desperation, often only receiving a fraction of the profit or even nothing at all; and victims who are duped into believing they need an operation and the organ is removed without the victim's knowledge. Organ trafficking is an organized crime that involves many offenders, including the recruiters who identify the vulnerable person, the transporter, the hospital or clinic staff, the medical professionals who perform the surgery, the middleman, the buyers, and the banks that store the organs. This is clearly not a one-man show; there may be several people involved in this type of activity that we are looking to criminalize. According to the UN initiative, the entire ring is rarely exposed. In fact, a 2004 World Health Assembly resolution urged member states to take measures to protect vulnerable groups from transplant tourism and the sale of tissues and organs. Transplant tourism is the most common way to trade organs across national borders. Recipients travel abroad to undergo organ transplants. Some websites offer all-inclusive packages. For example, the price of a kidney transplant abroad ranges from $70,000 U.S. to $160,000 U.S. According to the World Health Organization, one in 10 organ transplants involves a trafficked human organ, which amounts to about 10,000 per year. While kidneys are the most commonly sold organs, hearts, livers, lungs, pancreases, corneas and human tissue are also illegally traded. In a recent report, Global Financial Integrity stated that organ trafficking, which occurs in many countries, is on the rise and generates between $600 million and $1.2 billion in profit annually. In Iran, the only country where trade in human organs is legal, organ sales are closely monitored. This practice has eliminated the waiting list for kidney transplants and increased post mortem organ donations, for which there is no compensation in Iran. According to a Harvard University study, donors come from poor countries in South America, Asia and Africa, whereas recipients are often from developed countries such as Canada, the United States, Australia, the United Kingdom, Israel and Japan. According to Michigan State University research into the black market for human organs in Bangladesh, the average price of a kidney was $1,400 U.S. The price has since gone down because of abundant supply. In conclusion, I could go on and on with more fascinating facts. Less than a week ago, in fact, Radio-Canada's Enquête looked into the failings of our health system and provincial health systems in Canada with respect to organ donation. According to Dr. Pierre Marsolais, Canada was a leader in the field 20 years ago. Now it is at a standstill. Rather than turning to the poor and indigent to supply organs for transplants, why is Canada not trying harder to re-establish itself as a leader in this field? There are other things that can also be done to support organ donation, besides passing this bill, and there are other ways members can show their support. I am not familiar with what the other provinces do, but in Quebec, people can consent to donate their organs and tissue by signing the back of their health insurance cards or by registering directly on the Régie de l'assurance maladie du Québec website. This small act can save up to eight lives and restore the health of another 20 people. If everyone did that one small thing, it could make for a much brighter future for so many people.
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