44th Parl. 1st Sess.
December 15, 2022
- This bill, also known as Bill S-223, is an amendment to the Criminal Code and the Immigration and Refugee Protection Act. It aims to address the issue of trafficking in human organs.
The bill introduces new offences related to trafficking in human organs. This includes obtaining organs without informed consent, carrying out or participating in the removal of organs without consent, and facilitating or being involved in the removal of organs without consent. It also includes obtaining organs for transplantation purposes, knowing that they were obtained for consideration (money or other benefits).
Anyone who commits these offences can be charged and face imprisonment for up to 14 years.
The bill also amends the Immigration and Refugee Protection Act to make individuals inadmissible to Canada if they are found to have engaged in activities related to trafficking in human organs. This applies to both permanent residents and foreign nati
- Yea (333)
- Nay
- add
- star_border
- share
Does the hon. member have the consent of the House?
Some hon. members: Agreed.
14 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I rise on a point of order. In regard to the vote on Bill S-223, I am asking for the consent of the House to reflect on the record that the vote in the House was unanimous in its opposition to organ harvesting. I erred when I used the app in my vote. I am looking for the consent of the House to make that vote unanimous.
70 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
I declare the motion carried.
5 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I have two petitions to present today.
The first petition is in support of Bill S-223, which is a bill to prohibit forced organ harvesting and trafficking. The bill would make it a criminal offence for a person to go abroad and receive an organ taken without consent. It would also create a mechanism by which a person could be deemed inadmissible to Canada if they are involved in forced organ harvesting and trafficking.
This bill has been before the House in various forms for the last 15 years, and it will be proceeding to a final vote tomorrow. The petitioners no doubt hope that it will finally pass into law.
114 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Pursuant to order made on Thursday, June 23, the division stands deferred until Wednesday, December 14, at the the expiry of the time provided for Oral Questions.
Pursuant to order made earlier today, the House shall now resolve itself into committee of the whole to consider Motion No. 23 under government business.
I do now leave the chair for the House to go into committee of the whole.
69 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is indeed an honour to rise today to speak to Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act to stop the trafficking in human organs. I want to thank Senator Salma Ataullahjan, who brought this bill forward in the Senate, where it passed all three readings. It is now being considered here in the House of Commons, sponsored by my colleague from Sherwood Park—Fort Saskatchewan.
This bill would amend the Criminal Code to create some indictable offences for those who are engaged in illegal organ harvesting. It would also allow the Minister of Immigration and Citizenship to intercede. If it is believed that someone is in Canada as a permanent resident or here as a foreign national, they can be deemed inadmissible to Canada if they have participated, in one way or another, in the harvesting of human organs.
I have been advocating for this for quite some time. We brought forward the Sergei Magnitsky law, which passed this place unanimously in 2018. The government has failed to use it since that time, other than for the first tranche of people who were sanctioned. It was to make sure that those individuals who are committing gross human rights violations around the world were held to account and that they were not allowed to use Canada as a safe haven.
We know there has been a systematic organ harvesting program going on in China, led by the Communist regime in Beijing. They have used it on political dissidents and ethnic and religious minorities, like the Falun Gong practitioners, like the Uighurs, like Christians and others. They have gone out after them, arrested them and then forcibly removed their organs to profit from them.
We talk about gross human rights violations. It is disgusting that someone would actually take people who are being persecuted because they are a minority group or someone who does not agree with the regime in Beijing, or other countries for that matter, and arrest them, detain them and then literally rip them apart and market their organs around the world.
Bill S-223 would make sure that those individuals, if they ever came to Canada, would face our criminal justice system. They would not just be facing sanctions and be banned from Canada or have their assets frozen here in Canada, but they would face criminal prosecution here in Canada.
Let us consider someone who needed an organ transplant and knowingly used an organ that was harvested in this manner from a political dissident, from a Falun Gong practitioner or Uighurs. Right now, the Uighurs are being persecuted to the highest level. Essentially a genocide is being carried out by the Communist regime in Beijing against the Uighurs. If somebody wanted to buy one of these organs, they could be facing criminal prosecution here in Canada.
We know that this market exists. Estimates suggest that illegal organ trafficking generates $1 billion to $2 billion Canadian every year. That is sourced from 12,000 illegal transplants, predominantly coming from mainland China. That is 12,000 transplants a year. We have to put an end to this.
I had the privilege of working with the Falun Dafa Association here in Canada. It represents Falun Gong practitioners. Many of them have fled mainland China to make sure they had the ability here in Canada to have the things that we take for granted, such as freedom of association, freedom of expression, freedom of religion and freedom of conscience. All of that is denied by the Communist regime in China.
They put together some great research over the years. A former colleague has put together a rather large report with the assistance of David Matas. When I say a former colleague, I mean David Kilgour, who was a long-time MP here, who always championed human rights.
They had a list of over 150 individuals who were profiting from the sale of illegally obtained organs that were harvested from Falun Gong practitioners. Last spring, I presented a petition that called on the government to look at this. It said that in the last 21 years, Communist Party officials had orchestrated the torture and killing of a large number of people who practised Falun Gong and that it was being done on a mass scale so their vital organs could fuel the communist regime's organ transplant trade. There were 14 names to sanction under the Justice for Victims of Corrupt Foreign Officials Act, the Sergei Magnitsky Law, and the government responded but never sanctioned any of the individuals named.
In October 2021, I sent a letter to the Minister of Foreign Affairs congratulating her on her new appointment and asking her to take action on behalf of Falun Gong practitioners. I asked her to look at the entire list of individuals, which said who they were, what position they held in mainland China and what operations they were involved in with regard to persecuting and arresting Falun Gong practitioners, harvesting their organs and ultimately trading those organs around the world. I first sent the 150 names to her predecessor at the time and then to her. Again, we got a response but no action was taken.
I know the bill is getting support from all sides of the House and from every corner of the chamber, but we need to make sure we step up and sanction those individuals to ensure they are not coming to Canada. We can sanction them using the Sergei Magnitsky Law. They are hiding their wealth, taking advantage of our strong banking system, taking advantage of our fairly robust real estate market and capitalizing on the illicit gains they have been able to achieve because of this illegal trade in organs.
There are Canadians who need organ transplants. We have to encourage more and more people to donate organs in Canada so that we can extend the life of those who need transplants. That way, we can also deter this illicit trade in illegally harvested human organs and make sure it does not spread to other jurisdictions. We always like to concentrate on the communist regime in China, but we know this is happening in other places in the world. There are stories of African nations, and it is not just governments doing this, but gangs and the people out there in human trafficking who are resorting to this as a way to generate illicit revenues.
We need to continue to stand on the side of the individuals who cannot stand up for themselves. We have to make sure Canada continues to be a leader on the issue of human rights.
We need to make sure that those committing these crimes can be held to account. I know Bill S-223 would go a long way in ensuring that they would not be allowed to work in Canada and would be arrested if they did, and would not be allowed to travel to Canada or they would be arrested and face charges. We also need to make sure that those who know they are purchasing organs through this gross human rights violation of illegal organ harvesting face the full cost and full force of law here in Canada.
I again want to congratulate Senator Ataullahjan for bringing this bill forward. It is something she has been working on for a number of years. It has died on the Order Paper in the past, and this is our opportunity to make sure it comes into force as quickly as possible.
1267 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Uqaqtittiji, I thank my constituents in Nunavut for putting their trust in me. I will continue to work hard to ensure their needs are being met and to ensure their voices are being heard.
Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act related to the trafficking in human organs, is important to many Canadians and people abroad. This bill, if passed, could do one of three things.
The bill’s proposed amendments to the Immigration and Refugee Protection Act could help to ensure that receiving organs or benefiting economically from this illicit trade is inadmissible in Canada. This is particularly important for developing countries where impoverished people are experiencing forced removal of organs, like kidneys and livers. This could be a strong message to countries like India and Pakistan that have corrupt agents to people in developed countries, including Canada.
The bill, if passed, could send a clear message that the government should do what it can to protect the vulnerable people who are exploited by these heinous crimes. Most importantly, the issue of organ trafficking is not a partisan one and we need to work together to get this bill passed.
We know that organs, like kidneys and livers, are being forcibly removed from many people worldwide. It is a very real problem on which the government has been needing to pass legislation for a while. It is something that, through several Parliaments, we have been waiting for substantive action on. This is the opportunity to pass this important legislation.
The World Health Organization has noted that one out of 10 organ transplants involves a trafficked human organ. This totals about 10,000 a year. We know this is a crime that disproportionately affects people who live in developing countries that do not have access to the same rights, privileges and equality under the law.
The Canadian government, by taking a firm stance on this issue, is sending a message that the trafficking of human organs is a criminal action and should be punished as such. In addition to supporting this initiative, more should be done to encourage ethical, safe organ donation domestically to alleviate the need for trafficked organs.
A total of 2,782 organ transplants were performed in Canada in 2021, according to the Canadian Institute for Health Information. There are more than 3,300 Canadians on waiting lists for a kidney transplant, which is almost double the number from 20 years ago, and close to a third of them are from Ontario, according to the Canadian Institute for Health Information.
Organ donation is greatly needed within this country. With such a large need within this country, it is important to have a conversation on how the Canadian health care system needs to talk about these needs. With so many Canadians needing organ donations, the illegal trade of organs in Canada continues to grow.
The people who are exploited in this trade have given testimony speaking to their experiences. There are stories of people who have woken up in a drugged haze to someone wearing a surgical mask and gloves telling them that their kidney has just been removed and that they need to take care of themselves. Often, these victims can suffer very serious, lifelong health consequences from that and because of the nature of the operation, some people have ultimately died from it.
In expressing what matters to indigenous peoples, this is an opportunity to remind all Canadians and parliamentarians of the consequences of federal government neglect in investing in first nations, Métis and Inuit health. Indigenous peoples continue to suffer elevated health indicators worse than those of mainstream Canadians.
Generally, the health care needs of indigenous peoples are not being met. Nunavut continues to rely too much on a medical travel system that does not invest well enough in the potential to invest in human resources in Nunavut and indigenous peoples across Canada. An article regarding challenges experienced by indigenous transplant patients in Canada confirmed:
Northern, remote and rural Indigenous populations are further challenged as small population sizes mean that there are significantly fewer local diagnostic and health-care services, and the distances to travel to receive these services is often challenging for patients and families, particularly when regular treatments are required.
By addressing the seriousness of this issue, and through years of discussion, this bill should be passed.
I am pleased to see that this Parliament has tried to address that by making it easier for people to sign up and become an organ donor. However, the illegal organ trade continues to grow and people continue to be exploited. The demand for organs is high and as our population ages, we certainly need to have smart and effective policy to address this issue. It is important that education on organ donation be made more accessible to Canadians.
Canada has a shortage of organs, with 4,129 patients in 2020 waiting for transplants at the end of the year and 276 Canadians who were waiting on a transplant list dying. That was up from 250 to 223 in previous years.
Indigenous children, including first nations, Inuit and Métis, experience persistent health and social inequities and face higher rates of end-stage organ failure requiring solid organ transplantation. The reasons for these inequities are multi-faceted and linked to Canada's history of colonialism and racism. Organizations and labs across Canada continue to conduct research to present their findings of inadequate health care system experiences that indigenous peoples face. With a better discussion, there is hope for the future.
New Democrats have long opposed all forms of trafficking, be it human trafficking for sexual exploitation, labour trafficking or the trafficking of human organs. We continue to fight for human rights.
We all must do what we can to protect vulnerable people. By passing this bill, Canada can send a strong message to other countries. Let us stand together in sending this message out.
1002 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, as members of Parliament, we have the opportunity to speak in this House about issues that are important to us. Every day, our colleagues rise to commend or denounce a situation that sometimes brings us together and other times drives us apart.
Everyone knows that I am very happy when I can jump into the political arena and debate with my colleagues from other parties. It is not news to my colleagues that I like standing up to my Liberal, Conservative or NDP friends once in a while—with all due respect, of course. That is what our job is all about: defending our ideas. Having said that, there are some issues where debate is not really appropriate, not because I want to impose my ideas, but because, very often, unanimity triumphs over difference of opinion. Most of the time, this happens when the issues relate to the protection of human rights or the well-being of individuals.
As the Bloc Québécois immigration and human rights critic, today I want to talk about the protection and well-being of individuals. I want to talk primarily about Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act, trafficking in human organs, which was debated and passed in the Senate. This shows that there is consensus among Canadians and Quebeckers with respect to the cruel and barbaric practice of organ trafficking. There is already a consensus on this. Therefore, no one will be surprised to hear me say that, just like my Bloc Québécois colleagues, I support the principle of this bill.
Before continuing, I would like us to examine some notions together. Organ transplants were first performed in the 1950s and have saved countless lives. However, the demand for organs now far exceeds supply. It is estimated that legal transplants meet the needs of 10% of all patients on waiting lists worldwide. Consequently, thousands of people die each year waiting for a transplant. There is a reason why organ trafficking is on the rise. Just look at the numbers. The desperate need for organ transplants has led to a thriving criminal, transnational and lucrative market. Organ trafficking is a global phenomenon.
This phenomenon is everywhere, even though the practice is prohibited in nearly every country. It is a practice that is widely considered unethical and, sadly, it disproportionately affects the poor and disadvantaged. The numbers speak for themselves. The typical recipient is a 48-year-old man with an average annual income of $53,000. In contrast, the typical donor is a 28-year-old man with an average annual income of $480. The problem is that these transplants performed abroad are dangerous, not only for the donors, but also for the recipients. There is no regulatory framework to ensure the safety of the procedure or the viability of the organs in either the donor or recipient countries. Although the issue of organ trafficking is internationally recognized, attempts to prevent and prohibit it have had limited success. As a result, this crime remains widespread in many parts of the world.
So far, legislative measures in Canada to strengthen federal laws on trafficking in human organs have yielded poor results. “Canada is back”, the Prime Minister told us in 2015 and during the last Parliament. To that I say that Canada is far from back. What is more, on international human rights files, Canada has been dragging its feet for some time now. There is currently no Canadian law prohibiting Canadians from going abroad to buy organs, get a transplant and return to Canada. In these conditions, we certainly cannot say that the measures taken by the Government of Canada have scared off many giants. In any case, certainly not China.
I can say that the situation in China is especially concerning. It is the only country in the world that organizes trafficking in organs on an industrial scale by removing organs from executed prisoners of conscience. This is forced organ removal. My Uighur friends know this all too well. I will rise in the House and denounce loud and clear the atrocities committed by the Chinese government against their community any chance I get. Today, I am doing so once again because we cannot say it enough.
As I stand here before members of the House, nearly two million Uighur and Turkic Muslims are in concentration camps, where many acts of torture are committed. Human beings are killed in cold blood and their organs are sold on the red market. At the risk of repeating myself, but above all out of necessity, I will again state the following in the House. At this very moment, in China, the most awful crime that a government can perpetrate against its own citizens is being committed, the crime of genocide.
China currently has the two largest transplant programs in the world. They grew quickly in the early 2000s without a corresponding increase in voluntary organ donors. This has rightfully raised questions about the origin of the organs. The trade in organs harvested from Uighurs interned in Chinese camps has been repeatedly investigated. Unsurprisingly, the investigations are always suspended.
We have to ask ourselves why we were elected, but also why we ran in the first place. I realize there can be a political price associated with going after a giant like China. There can be economic repercussions. Every single one of our ridings has economic interests in China. That is to be expected because China is an economic giant. At the same time, as we speak, Uighur women are being forcibly sterilized and Uighur children are being taken away from their families and placed with Han families.
As we speak, Uighurs' organs are being stolen. The stolen organs are then transplanted in a capitalist market where they can be bought and sold. Canadian citizens take advantage of this market. It is important to remember why we are in politics. Yes, we have to stand up to these people no matter the political cost. I am ready to put my seat on the line by standing up to China.
When I say “China”, I am talking about the Chinese communist regime in power, which is committing atrocities against its own people. Bill S‑223 is therefore very important. We are going to stand up to China for once. This will be one of the little things that we are doing, one of the small steps that we are taking, to stand against the giant that is China.
I will close with the following point. I do not know what is going to happen with Bill S‑223, but at least no one can plead ignorance, which is the greatest ally of totalitarian regimes, after blindness. Let us be neither ignorant nor blind. It is with this in mind that I will be supporting the bill to combat organ trafficking, but it is mainly for reasons of safety, social justice and principle.
As members can imagine, I will never compromise on this. My principles and my conscience come first, and that is how we best represent our constituents who have decided to put their trust in us.
1215 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I am very pleased to speak to Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).
The bill proposes much-needed reforms that would seek to end the illicit trade in organs, a trade that preys upon human suffering and desperation. Organ trafficking is a transnational and global challenge that frequently involves the exploitation of the poor and vulnerable living in under-resourced countries. Generally, wealthier individuals, often from more affluent countries, drive the demand for organs, while the supply of organs usually comes from developing regions.
While there are no known organ trafficking cases where the transplant occurred in Canada, there have been reports of Canadians participating in transplant tourism. This practice involves individuals going abroad to buy organs that are needed for medical reasons but not available in their own countries.
Those from whom the organs are extracted may be coerced, or they may be influenced to agree to organ removal through exploitation of their vulnerabilities. For example, they may be promised a significant monetary reward that would ease financial desperation. These individuals must co-operate in the organ trafficking enterprise, for example, by submitting to compatibility and other types of testing, and preparing for and undergoing surgery. Once the surgery is performed, they are often not provided the promised reward or the care necessary to heal from that ordeal, resulting in long-term complications and even death.
Organ traffickers, those who perform these surgeries, and intermediaries who locate organs for transplant capitalize on the desperation of both the sick and the impoverished. Those from whom organs are extracted are often left uncompensated and in poor health. The Canadian health care system struggles to provide care to those who return home after such surgeries, as health care providers do not have the information necessary to address complications.
Bill S-223 proposes new offences that directly target organ trafficking conduct. Some will note that we already have Criminal Code offences that criminalize organ traffickers. For example, Canada's human trafficking offences apply where traffickers recruit, transport or harbour victims to extract their organs through coercive practices. These offences apply extraterritorially, which means Canada can prosecute Canadians and permanent residents of Canada who engage in trafficking conduct abroad.
The problem is that no offences apply where organs are purchased and coercive practices cannot be proven. In so many of these cases, victims are pressured or influenced to agree to sell their organs, and even where overt forms of coercion are present, the relevant evidence is difficult to obtain, including because it may be located in another country.
In this regard, the proposed offences in Bill S-223 fill a critical gap in the law. Not only does the bill propose new offences that would criminalize facilitating and participating in extracting organs coercively, or obtaining organs in this context, but it also criminalizes facilitating and participating in extracting organs that are purchased or obtained for consideration, as well as obtaining purchased organs.
The bill also extends extraterritorial jurisdiction, which means Canadian citizens and permanent residents can be prosecuted in Canada for engaging in conduct abroad that is prohibited by the bill. This includes those who engage in transplant tourism. The bill also proposes to make foreign nationals and permanent residents who engage in conduct prohibited by the bill's offences inadmissible to Canada for having violated human or international rights, such as war crimes or crimes against humanity under section 35 of the IRPA.
The bill's objectives are consistent with international standards. For example, the World Health Organization has stated that payment for organs is likely to take unfair advantage of the poorest and most vulnerable groups. It undermines altruistic donation and leads to profiteering and human trafficking. Such payment conveys the idea that some persons lack dignity, that they are mere objects to be used by others.
Various World Health Organization documents also directly address organ trafficking, for example, the 2010 guiding principles on human cell, tissue and organ transplantation, and the 2008 declaration of Istanbul on organ trafficking and transplant tourism and commercialization, whose focus is on preventing organ trafficking and transplant tourism. The declaration recommends prohibition of transplant commercialization, a term that is used internationally to refer to treating organs as commodities to be bought and sold.
Bill S-223's reforms would place Canada at the forefront of the international community on the issue of organ trafficking. Very few countries have sought to combat organ trafficking by targeting the demand that fuels this harmful trade. I am very proud of what this bill's legislative history shows: that combatting organ trafficking is an issue all partisans in Canada can support.
Health Canada continues to lead an initiative called the organ donation and transplantation collaborative in order to help increase access to legal and safe organ transplantation. The collaborative's goal is to achieve organ donation improvements that result in better patient outcomes and an increase in the number and quality of successful transplantations.
There are many impressive actions taken by the collaborative to achieve change in this space, including creating a pan-Canadian data system that will support decisions, avoid missed opportunities and improve patient care; identifying decision-making and accountability mechanisms to ensure Canadians have access to an organ donation and transplantation system that responds to their needs and those of their families; maximizing donor identification in hospitals and referrals to transplantation services across Canada; identifying underserved populations and improving patients' access to post-transplantation care in remote communities; increasing living donation as a preferred treatment option for kidneys and the liver, for example; and supporting health care professionals through professional education.
These efforts, together with Bill S-223, will make Canada a world leader in responding to organ trafficking. While many like-minded countries regulate the transplantation of human organs and prohibit organ trafficking in the same way Canada currently does, such as the United Kingdom, New Zealand and Australia, few countries have criminalized purchasing organs, including transplant tourism.
The government supports the Criminal Code reforms proposed by this bill and will continue to work toward bringing them into force. We are committed to ensuring the bill's reforms support their objective of ending organ trafficking in all its forms, including the commercialization of human body parts, and the harm it causes to those impacted and to all of society.
1070 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, the next petition I am tabling is in support of Bill S-223, a private member's bill seeking to ban forced organ harvesting and trafficking. This bill proceeds to its second hour of debate at third reading stage tomorrow and a final vote next week.
The petitioners want to see this bill passed, making it a criminal offence for a person to go abroad and receive an organ taken without consent.
74 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
The time provided for the consideration of Private Members' Business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.
30 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
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!
- add
- star_border
- share
Madam Speaker, it is a real honour to be able to rise today to speak to Bill S-223. Before I get into my remarks, it is important to recognize the two individuals who have been working diligently over the years to shepherd this bill through Parliament, starting in the other place, with Senator Ataullahjan, and here, the member for Sherwood Park—Fort Saskatchewan. Both individuals have been long involved in this process, over several Parliaments.
The bill, of course, passed very quickly through second and third reading in the other place. In fact, it even skipped consideration by the committee on December 9 of last year. It gives a sense of the arduous journey that private members' bills, both from the Senate side and from the House side, have to make in order to pass the entire parliamentary process: the fact that we are here in December 2022, only now considering its third reading, and it has taken a full year to get to that stage.
Before I get into the details of why this legislation is necessary, I would like to talk about a few key points in terms of what the bill is going to do, so we are all very clear on what the House is going to be debating and hopefully passing in short order.
Essentially, it is a substantive amendment to a narrow section of the Criminal Code in relation to the crime of trafficking in human organs. We know that organs like kidneys and livers are being forcibly removed from many people, but this bill, with a new section 240.1, is going to create some new offences: anyone who obtains organs without informed consent, either for use in another person or for themselves; anyone who is involved in the carrying out of the procedure to remove those organs without informed consent; and anyone who does anything in connection with the removal of the organs without informed consent.
That is quite broad. It could involve anyone who was involved in allowing a place to be used for the surgery and anyone who is involved in the transportation of the organs or their smuggling across borders. It is a very real problem. It is something that, through several Parliaments, we have been waiting for substantive action on.
We know this is a crime that disproportionately affects people who live in impoverished countries and who live under authoritarian rule and do not have access to the same rights, privileges and equality under the law that we sometimes take for granted here in Canada. It is important that countries like Canada, with its well-known track record in standing up for human rights and the rule of law, not only here in our own country but abroad, follow suit and really establish what we think should be the norm and what all citizens of the world should be able to enjoy.
There is also a very important amendment to the Immigration and Refugee Protection Act, so that a permanent resident or any foreign national would be inadmissible to Canada if the Minister of Immigration, Refugees and Citizenship is of the opinion that they have engaged in any activities related to the new offence that is going to be put into the Criminal Code through the passage of this bill.
Through the conversation today, I have heard several members talk about how having this provision in Canadian law for a crime that occurred in another country is important. It reminds me that we sometimes have a double standard in this place about how we apply Canadian law.
I have been a member of this House for seven years now. I was here in the 42nd Parliament. I remember a previous private member's bill, which was sponsored by the member for New Westminster—Burnaby. It was Bill C-331. In the dying days of the 42nd Parliament, we managed to come to a vote on that bill at second reading. It was June 19, 2019, pretty much the very last day of the 42nd Parliament.
That was an important bill, because it intended to amend the Federal Courts Act so that people from other countries who wanted to bring a civil claim could do so under the jurisdiction of federal court.
The nature of the claims could have to do with genocide, a war crime or a crime against humanity, slavery or slave trading, extrajudicial killings, torture, prolonged arbitrary detention, or the sale or trafficking of persons. These are all crimes that every member of this House agrees are abhorrent and certainly need the full force of the law.
The problem is that when the member for New Westminster—Burnaby was attempting, for many good reasons, to bring that bill forward, the House voted against it. In fact, the Liberals and the Conservatives joined together to shut the bill down at second reading.
I do not want to take away from the debate on the bill today. Bill S-223 is going to have our full support. I just hope that when Parliament is conducting itself and when we see value in these types of measures that try to apply Canadian law to things that happen abroad, we can do so on a consistent basis.
We need to recognize that there are huge problems out there, not just with human trafficking in organs, but also in war crimes, slavery and other methods. Should the member for New Westminster—Burnaby try to bring that initiative back, I hope the House will apply the lessons from the debate on Bill S-223 to that similar and worthy initiative.
Bill S-223 is no stranger to us. In the 42nd Parliament, it was before the House as Bill S-240. The reason I think it is a forgone conclusion that this bill is going to pass the House is that it is identical to the version we debated and passed as Bill S-240. In fact, in the 42nd Parliament it received the unanimous support of the House at second reading and again at third reading on April 30, 2019.
The important and notable difference with Bill S-223 is that it incorporates the amendments the House made to the previous version of the bill. That is what caused the delay on Bill S-240. It had to be sent back to the Senate so it could consider House amendments.
Unfortunately, at that time, the bill was held up because of the procedural shenanigans going on in the other place related to the old bill, Bill C-262, which was introduced by my former colleague, Romeo Saganash. That was his attempt with a private member's bill to enshrine the United Nations Declaration on the Rights of Indigenous Peoples.
I am glad to see, from the tone and content of the speeches so far, that there is recognition that this is an important and long-overdue change to criminal law. It sends a strong message, not only to people around the world who are facing these barbaric practices under regimes such as China, and we have heard well-documented testimony on what the Uighur population is going through, but also to impoverished people living in countries where the rule of law is applied selectively at best.
These people may be targeted by criminal organizations. We have heard testimony from people who have woken up in a drugged haze to someone wearing a surgical mask and gloves telling them that their kidney has just been removed and that they need to take care. Often, these victims can suffer very serious, lifelong health consequences from that, and because of the nature of the operation, some people have ultimately died from it. It is a very real issue.
We know the demand for organs is very high worldwide, and we need to take steps to encourage people to put themselves on an organ donor registry. I am pleased to see that this Parliament has tried to address that by making it easier for people to sign up and so on. However, those are problems that are not going to go away. The demand for organs is high, and as our population ages we certainly need to have smart and effective policy to address that.
On behalf of the New Democratic caucus, I will indicate that we are looking forward to supporting this bill and voting on it so it gets sent to the Governor General for royal assent. We have long opposed all forms of trafficking, whether it be human trafficking for sexual exploitation, labour trafficking or the trafficking of human organs. We must do all we can to protect vulnerable people. With that, I will conclude my remarks. I appreciate this opportunity.
1464 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
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.
1525 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I would like to start by thanking the member for Sherwood Park—Fort Saskatchewan.
I also want to thank Senator Ataullahjan, who has created this conversation within our House, the lower house, the House of Commons.
This Senate bill, Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), is a critical piece of legislation that would help us address a grave and serious human rights concern. It is new legislation that adds to an existing body of law, which addresses criminality but not with respect to organ harvesting outside of Canada's territory.
I want to acknowledge our collective commitment to ensuring that these important reforms become law. This is a commitment from all members of the House, from what I can see. The important and beautiful thing about this legislation and discussing it is we are focused on the public good, putting aside our partisan squabbles to promote what is right and just.
First, I would like to review the history of the legislative reform proposed in this bill.
The issue of organ trafficking has been before Parliament for a decade. Prior to Bill S-223, there were two Senate public bills that proposed nearly identical reforms. They were Bill S-240, introduced in 2017, and Bill S-204, introduced in 2020. In addition, two private member's bills introduced in 2017 and 2013 proposed similar reforms. They were Bill C-350 and Bill C-561. We all agree that organ trafficking is a heinous crime. It requires a legislative response.
As I said earlier, this piece of legislation would create something new within the Criminal Code that speaks specifically to the trafficking of organs extraterritorially, or outside the territory of Canada. Additionally, it would amend the Immigration and Refugee Protection Act so those who are seeking to reside permanently in Canada or foreign nationals would be inadmissible to our beautiful country for engaging in conduct that constitutes one of the offences proposed in this legislation. These offences target anybody who obtains organs, or who participates in or facilitates the trafficking of organs, from a person who did not provide informed consent. This legislation also seeks to target those who obtained organs that are purchased and those who participate in or facilitate the transfer of purchased organs.
These are coercive practices. They are difficult to prove, but we want to send a clear and strong signal that we as a country do not accept them.
Unfortunately, we know that people who are wealthier unwittingly or sometimes wittingly engage in this practice. Those who are victims of this practice are almost always deeply vulnerable. The transplant of organs without consent is abhorrent. Oftentimes, it leads to devastating impacts on those who had their organs trafficked. They are uncompensated, they live with lifelong problems and they sometimes die.
The member for Sherwood Park—Fort Saskatchewan and I participated in an important study on the Uighur people. This was over two years ago at the parliamentary subcommittee on international human rights.
We heard testimony from a survivor of the concentration camps within Xinjiang Uighur Autonomous Region. He recounted to us, in testimony, how he was apprehended. He was asked to sign a forced confession and refused to do so. He was medically examined to such an extent that he thought he would be dissected on that table, that his eyes were going to be removed or that his organs were going to be harvested on the spot during the examination.
This piece of legislation seeks to target any behaviour that harvests organs from people.
I recognize that the Criminal Code may apply currently to some of the conduct that this bill is seeking to legislate. Right now, the Criminal Code has assault offences that apply when organs are harvested here in Canada with coercion. This piece of legislation, as I mentioned earlier, also looks at what happens outside of Canada.
Right now, there is no international covenant from the UN that speaks specifically to organ harvesting in its essence as the main thrust of the covenant. However, there are two covenants that do touch upon organ harvesting, and Canada is party to both of these UN instruments. The first is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This supplements the United Nations Convention against Transnational Organized Crime, which was ratified on May 13, 2002.
After this first piece of international law came the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This protocol addresses offering, delivering and accepting a child for the purposes of transferring children's organs, particularly article 3. This was ratified on September 14, 2005.
The Council of Europe Convention against Trafficking in Human Organs, adopted in 2014, also speaks directly to organ harvesting.
I will conclude by recognizing the important work that has been done around this, in particular by David Kilgour and David Matas. They have done extensive research around Falun Gong or Falun Dafa practitioners and have dedicated years to highlighting this particular issue around organ harvesting.
We know that David Kilgour served in the House for many years with the Liberal Party and the Conservative Party. He was a person of conviction. He was a person who continued to remain active after serving the House. He was somebody I crossed paths with before entering the House. I remember this gentleman as a sincere person who advocated for the public good and for human rights.
It is important to also mark David Matas, who along with David Kilgour conducted extensive research. It allowed us to build a body of evidence that proved not only anecdotally but also empirically that this is an abhorrent phenomenon occurring right now.
Recently, in the Subcommittee on International Human Rights, we heard how this is currently happening to the Uighur people. In the airports in Xinjiang Uighur Autonomous Region, in Urumqi, if my memory serves me correctly, there were lines on the floor as one entered the airport that specifically demarcated where one could pick up organs. This is abhorrent. This type of practice must stop. This practice might exist currently within a region of the world that we know, but this legislation applies across the board.
1067 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, this bill would create a mechanism by which those involved with forced organ harvesting and trafficking would be inadmissible to Canada.
In terms of broader sanctions, Magnitsky-style sanctions, it is important that we also pass Bill C-281, which would create a mechanism through which a parliamentary committee could recommend people for Magnitsky sanctions. That would help us move forward to ensure that more people involved in these kinds of human rights violations are put on the sanctions list.
82 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, the member for Sherwood Park—Fort Saskatchewan's dissertation was well researched and well articulated.
We know that Falun Gong practitioners have been unfairly and unjustly targeted by the regime in Beijing for organ harvesting. They are denied freedom of religion, freedom of association and freedom expression, things that we take for granted here in Canada.
We know that our former colleague David Kilgour, as well as David Matas, wrote a large study and briefing document on those responsible for the organ harvesting of the Falun Dafa in China. They brought forward, along with Falun Gong practitioners here in Canada, over 20 names of those who have profited from the very gross, which I mean in every way possible, human rights violations of Falun Gong practitioners in China, who have had their organs harvested for being political dissidents. None of them have ever been sanctioned.
Can the member speak to whether this bill would allow us to make sure that nobody in Canada profits from or gains access to these illicit organs? Why we are not sanctioning the individuals who are responsible for this?
187 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, there are different kinds of cases of forced organ harvesting and trafficking. We often speak of the situation in China, where forced organ harvesting and trafficking are part of the persecution of dissidents or minorities. Falun Gong practitioners have been significantly targeted for decades. Now we are seeing an increase in the targeting of Uighurs as part of a state-directed and state-controlled system.
However, in many other countries around the world where forced organ harvesting and trafficking happen, they are not likely coordinated by the state but in the dark ungoverned or less governed corners of society. People who are poor and vulnerable are taken advantage of and coerced or compelled into giving up their organs.
We know this is a problem, and there have been various efforts to quantify it. It is a difficult thing to quantify. It is particularly difficult to quantify the extent to which Canadians are or are not complicit in this, but the bill takes an important step in responding to that reality throughout the world.
175 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I thank the member for shepherding this bill to this stage. It has been a long journey. I have a question based on the earlier intervention, aside from what is happening with the Uighur population.
Over the many years the member has been involved in trying to shepherd this bill through the Parliament of Canada, can he inform the House what the trends and statistics have been like worldwide that underline a strong a case and necessity for this bill being passed into law at this moment in time?
91 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, we have seen many initiatives before the House, including my friend's Motion No. 62, and these initiatives deal with different parts of the genocide: recognition, sanctions, immigration measures and forced labour. There are many different pieces to it that require a response.
This bill seeks to combat forced organ harvesting and trafficking. We have been hearing more and more reports that Uighurs have been victim to forced organ harvesting and trafficking. By cutting off some of the demand for those organs and by seeking to in some sense punish those involved in forced organ harvesting and trafficking, this bill is an important step. There are still many more steps required, but it is an important step in trying to advance justice fo Uighurs.
126 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
