Bill C-350 (Historical)

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking and transplanting human organs and other body parts)

This enactment amends the Criminal Code to provide for the imposition of penal sanctions for persons who, in Canada or outside Canada, are knowingly involved in the medical transplant of human organs or other body parts obtained or acquired as a consequence of a direct or indirect financial transaction or without the donor’s consent. It also amends the Immigration and Refugee Protection Act to impose sanctions on individuals in respect of whom there are reasonable grounds to believe that they were engaged in the trafficking and transplanting of human organs or other body parts by providing that they are inadmissible for the purposes of entering or remaining in Canada.

Human Organ Trafficking

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I have two petitions.

One is regarding international trafficking of human organs removed from victims without consent. The petition is in support of Bill C-350 in the House of Commons and Bill S-240 at the Senate.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I am presenting a petition today with regard to international trafficking in human organs. These individuals recognize there are two bills before Parliament right now that they would love to see passed quickly, which rarely happens. They are asking for Bill C-350 in the House of Commons and Bill S-240 in the other House to be passed quickly. They are urging Parliament to please amend the Criminal Code and the Immigration and Refugee Protection Act to prohibit Canadians from travelling abroad to acquire human organs either removed without consent or as a result of a financial transaction, and to render inadmissible to Canada any and all permanent residents or foreign nationals who have participated in this abhorrent trade in human organs.

[Peter Kent, Conservative, Thornhill, ON]

Mr. Speaker, I rise today to present a petition from constituents regarding their concern about the reprehensible international trade in organ harvesting. Very often individuals who are taken into custody extrajudicially have organs removed for those travelling from western nations to in effect buy those organs.

These constituents are urging the Parliament of Canada to deal urgently with Bill C-350 in the House of Commons and Bill S-240 in the Senate.

[Phil McColeman, Conservative, Brantford—Brant, ON]

Mr. Speaker, I have a petition from constituents that is actually similar or the same as my colleague has introduced. It states, “We, the undersigned residents of Canada, draw the attention of the House of Commons to the following: Whereas increasing concerns about international trafficking in human organs removed from victims without consent have not yet led to legal prohibition on Canadians travelling abroad to acquire or receive such organs and, whereas there are currently two bills before Parliament proposing to impede the trafficking of human organs obtained without consent as a result of a financial transaction”. These are Bill C-350 in the House of Commons and Bill S-240 in the Senate.

It continues, “Therefore, we the undersigned, urge the Parliament of Canada to move quickly on the proposed legislation so as to demand the Criminal Code and the Immigration and Refugee Protection Act to prohibit Canadians from travelling abroad to acquire human organs removed without consent or as a result of a financial transaction and to render inadmissible to Canada, any and all permanent residents or foreign nationals who have participated in this abhorrent trade in human organs.”

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Mr. Speaker, I have two petitions today. They are, however, on the same subject so I will just read the one.

The petitioners want to draw our attention to international trafficking in organs taken from people without their consent and ask that we support Bill C-350 in the House of Commons as well as Bill S-240 in the Senate. Presumably, they mean S-240, should it arrive here for us to vote upon.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, the second petition draws the attention of the House to the issue of the trafficking of human organs. It points out that there are two bills on this issue in Parliament, Bill C-350 and Bill S-240, and they are urging that the Parliament of Canada move quickly on the proposed legislation so that we can begin to put controls on the issue of organ harvesting.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

This bill does not in any way seek to restrict people from receiving organs from abroad if there is consent. The requirement is that they don't receive organs from abroad if there is not consent. Bill C-350, which was a bill I proposed that was wholly the same as a bill proposed by Irwin Cotler, envisioned a system where somebody would bring a certificate with them attesting to that consent. There's some potential value in that, but there's also some complexity around assessing the validity of a certificate in countries where that just may not happen as a matter of course.

The way this legislation is set up, it would be incumbent on the prosecution to demonstrate, based on a typical standard of proof, that there was exploitation or there wasn't proper consent.

Does that mean that there are cases where someone might be involved in organ trafficking and it's difficult to prove or it's difficult to get a conviction? Yes, that's something that prosecutors deal with every day. Certainly for somebody who innocently went abroad and received an organ for which there was consent, doing so in another jurisdiction that has the rule of law or receiving from a family member, the risk that the person would get caught up in a prosecution here is totally nil. If anything, the risk is greater the other way, that someone would do something nefarious and not get caught in a prosecution. At least it's better to have this law than not have this law, even though we're not going to be able to successfully prosecute every case. Again, that's true of any law.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

I put forward Bill C-350 in Parliament. Bill S-240 is a very similar bill, which Senator Ataullahjan put forward in the Senate. Though slightly different in some of the details, these bills substantively do the same thing.

The design was never for both of the bills to pass. It was just recognizing the difference in process. There are certain aspects of the Senate rules and the House of Commons rules that create different opportunities to move bills forward at different times.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Good morning.

Thank you, Garnett, for sponsoring this bill, this legislation. Congratulations on your efforts. I believe this is a very, very important bill. I hope it will pass. I know it will make a difference for thousands of people out there.

I also know that you are passionate about this bill. You have introduced similar legislation, Bill C-350. It is in your mind. I know it's on your agenda.

Do you believe that your legislation, Bill C-350, is complementary to Bill S-240?

Will this piece of legislation provide the protection you had in mind in Bill C-350?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, I draw your attention to the tabling of a petition pertaining to the trafficking of human organs removed without the donor's consent, which has not resulted in a legal prohibition on Canadians travelling to obtain these organs.

As there are currently two bills before Parliament that seek to prevent the trafficking of human organs removed without consent or as a result of a financial transaction, namely Bill C-350 and Senate Bill S-240, the undersigned are calling on the Parliament of Canada to move quickly on the proposed bills to amend the Criminal Code and the Immigration and Refugee Protection Act to prohibit Canadians from travelling abroad to acquire organs removed without the donor's consent or as a result of a financial transaction and to render inadmissible to Canada a permanent resident or foreign national who has participated in this abhorrent trafficking of human organs.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Mr. Speaker, I would like to put forward this important petition with respect to the international trafficking of human organs that have been removed from victims without consent. The petitioners are concerned that there is no legal prohibition on Canadians travelling abroad to acquire or receive them. Currently, there are two bills before Parliament that propose to impede the trafficking of human organs obtained without consent or as a result of a financial transaction, Bill C-350 in the House of Commons and Bill S-240 in the Senate. The petitioners ask that this be addressed immediately.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I am proud to rise today with petitions signed by Canadians from coast to coast to coast.

The petitioners note that increasing concerns about international trafficking in human organs removed from victims without consent have not yet led to legal prohibitions on Canadians travelling abroad to acquire or receive such organs, and that there are currently two bills before Parliament proposing to impede the trafficking of human organs obtained without consent or as a result of financial transactions: Bill C-350 in the House of Commons and Bill S-240 in the Senate. Therefore, the undersigned wish to urge the Parliament of Canada to quickly move these pieces of legislation.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I too am pleased to rise to present this petition to the House of Commons. It states that the undersigned residents of Canada draw to the attention of the House of Commons increasing concerns about international trafficking in human organs. It refers to Bill C-350 in the House of Commons and Bill S-240 in the Senate. There are hundreds of signatures on this petition, and I am pleased to present it.

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, I submit a petition with several hundred names from my riding in Edmonton West.

The petitioners ask the government to move quickly on Bill C-350 and Bill S-240, which would prevent Canadians from going abroad to obtain organs that have been obtained without consent.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, we have increasing concerns around the world about international trafficking in human organs that are being removed from victims without consent. There are currently two bills before Parliament proposing to impede the trafficking of human organs obtained without consent or as a result of a financial transaction. They are Bill C-350 and Bill S-240. The undersigned petitioners are asking Parliament to pass those bills as soon as possible.