Hon. Judith G. Seidman: Honourable Senators, I rise today in support of my colleague Senator Moncion’s motion to authorize the Standing Senate Committee on Social Affairs, Science and Technology to examine and report on the Canadian assisted human reproduction legislative and regulatory framework, and any other related issues deemed relevant by the committee.

I would like to thank Senator Moncion for her leadership on this important issue. Throughout her tireless advocacy, she has remained focused on the health, safety, and dignity of Canadians who wish to grow their families with the assistance of reproductive technologies and processes, and the surrogate mothers who help them do so.

The Assisted Human Reproduction Act, Canada’s legal framework on assisted human reproduction, became law in 2004. The framework was built on the work done by the Royal Commission on New Reproductive Technologies, which was established in 1989 to study the ethical, social, research and legal implications of new reproductive technologies in Canada.

The original Assisted Human Reproduction Act was meant to be a comprehensive and transformative framework. It prohibited and criminalized certain activities, while simultaneously permitting and regulating others. It also established the Assisted Human Reproduction Agency of Canada, a federal regulatory agency responsible for enforcing the act.

However, the aspirations of the framework were short-lived. Many of the provisions of the act remained dormant for years. Intended parents, health care professionals, lawyers, and ethicists were left in the dark about the legal parameters of assisted human reproduction. As an example, the federal government released regulations related to reimbursement only in June 2019 — 15 years after the law was passed.

Additionally, shortly after the Assisted Human Reproduction Act received Royal Assent in 2004, the Government of Quebec challenged the constitutional validity of certain provisions of the act. A decision made by the Supreme Court of Canada struck down a number of provisions of the act, including the establishment of the agency, which shut down its operation in 2013.

Today, surrogacy and gamete donation programs in Canada lack oversight, are unregulated and unlicensed. The regulation, as well as the licensing of fertility clinics, is a responsibility left to the provinces and territories. Data collection is also inconsistent and fragmented, and most of it is anecdotal in nature.

Over the years, there have been reports of fertility clinics and agencies engaging in unlawful behaviours. While the stories are few, they are concerning. This is all due to the lack of standards and oversight of surrogacy in Canada, which leaves prospective parents, surrogates and donors vulnerable to harm.

Honourable senators, there is no question that a national conversation about Canada’s assisted human reproduction laws is long overdue. In my second reading speech on Bill S-202, An Act to amend the Assisted Human Reproduction Act, I suggested that rather than proceeding with a private member’s bill, we should first conduct a comprehensive study of the subject matter. I argued that this approach would allow us to understand the unintended consequences of changing the current framework and suggest options for other frameworks, which could ultimately be addressed in a separate piece of legislation.

As I stated in that second reading speech:

A debate on this proposed piece of legislation would restrict our hearings to only the scope of the bill, with broader questions necessitating fulsome evidence collection on assisted human reproduction beyond our reach.

Now, a Senate study on this subject matter would provide a necessary and timely opportunity for us to learn from health and legal experts who are actively engaged in the field. Also, it would allow Canada to draw upon the expertise of other countries, such as the United States, the United Kingdom, India and others who have crafted programs on assisted human reproduction and utilize best practices from their studies over the years. It is for these reasons that I fully support Senator Moncion’s motion and once again thank her for her leadership.

Almost two decades have gone by since the passage of the Assisted Human Reproduction Act. A fulsome study conducted by the Standing Senate Committee on Social Affairs, Science and Technology would play an important and timely role in modernizing and shaping Canada’s legislative and regulatory framework on assisted human reproduction. It would also respond to the urgent need to pay attention to the health and safety of all those involved.

Honourable senators, this really does matter. Thank you.

(On motion of Senator Duncan, debate adjourned.)