Bill S-240 (Historical)

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration is of the opinion that they have engaged in any activities relating to trafficking in human organs.

Human Organ Trafficking

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

Mr. Speaker, I have two petitions to present today.

The first one is expressing that the increasing concerns of many Canadians about international trafficking in human organs removed from victims without consent have not yet led to a legal prohibition on Canadians travelling abroad to acquire or receive such organs.

The petitioners are also concerned that there are currently two bills before Parliament proposing to impede the trafficking of human organs obtained without consent or as the result of a financial transaction. Those are Bill C-350 in the House of Commons and Bill S-240 in the Senate. The petitioners are urging the Parliament of Canada to move quickly on the proposed legislation so as to amend 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 the 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. It is definitely worth our consideration quickly.

Criminal Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

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.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

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.

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

I hope so also.

Let me answer your direct question and then, if I can, comment on your preamble as well.

My understanding of this bill is that there have been multiple versions of this bill at different points in time. There were amendments to Bill S-240 that passed this committee two Parliaments ago, and then it was sent to the Senate. My understanding is that this bill is identical to the version that passed at the House of Commons committee. There were previous versions, but it's identical to the version of the bill that passed at the House committee at that time.

I agree with you, by the way, that it would have been very reasonable for the committee to look at this bill and hear from witnesses earlier on in the process. My point was that we are way too late. The clause-by-clause study next week is three sitting days before the automatic reporting deadline, which means that the committee has not left itself time.

If we were having this conversation even two or three months ago, people could have said, “We want to hear from a few witnesses, and if we decide no amendments are needed, that's fine, but we want to hear from the witnesses.” It's just that we're in a minority Parliament. Anything can happen.

This bill has sat before the committee for almost the full 60 sitting days. Do I think it's reasonable for committees in a new Parliament to say that they want to take a fresh look at this? Absolutely. Do I think it's reasonable to wait the full 60 days without talking about the bill and then say at that point that now we need to have a extensive, detailed study? I don't really think that's reasonable.

I'm certainly not blaming you for that, but I personally have expressed the view before this committee, as members know, that we should prioritize legislation, not because it's my bill, but because legislation, as opposed to studies, is the way that committees exercise their hard power.

It is just too late. Doing clause-by-clause study next week will only have the effect of delaying the bill. If we adopt it with amendments, it will significantly delay the bill. If we adopt it without amendments, it will still delay the bill, because it will require report stage, when otherwise there would be automatic reporting.

I'm sympathetic, but we are where we are.

Human Organ Trafficking

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I want to present a petition today. Petitioners from across the country, and in this case particularly from Scarborough, are calling on the government to enact legislation that would prevent Canadians from going abroad and participating in the illegal organ harvesting that happens around the world.

The petitioners are calling on the quick passage of two bills: Bill C-350 and Bill S-240. Those bills are exactly the same, but one is in the Senate and one is in this place.

The petitioners are calling for it to be made a crime for Canadians to go abroad or for them to be inadmissible to Canada if they have been participating in the illegal organ harvesting that is happening. This particularly has been raised by members of the Falun Gong community here in Canada, and I want to thank them for their advocacy in this area.

Criminal Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, allow me to thank the member for Sherwood Park—Fort Saskatchewan for tenaciously sponsoring this legislation again. He should get an award for the number of times he has appeared on this very same bill.

In the House, we all recognize the importance of this bill. We have had several Parliaments debate it. I do not think there is any argument against this kind of an amendment being necessary to the Criminal Code and to the Immigration and Refugee Protection Act.

I did have a number of comments I wanted to make, but in the spirit of what has already been said today, I would conclude by saying that the NDP absolutely does support this legislation. It is a shame that we did not see the former Bill S-240 pass through the 42nd Parliament quickly. If people remember correctly, that piece of legislation was held up, literally yards away from the finish line, because of the procedural shenanigans that were going on in the other place, when Conservative senators were trying to hold up Romeo Saganash's Bill C-262. That ultimately prevented the Senate from voting on the House amendments to Bill S-240.

That being said, we are here now with Bill S-223. I am proud to support this bill at second reading. We look forward to seeing it get to committee, back to the House and on to the Governor General's desk as quickly as possible.

Human Organ Trafficking

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, today I am very honoured to present a number of petitions focused on Bill C-350 and Bill S-240 regarding the organ trafficking that continues to occur. These are things we have to bring forward to Parliament and discuss for the greater good, and I am hoping everybody in this chamber will agree.

[Eric Melillo, Conservative, Kenora, ON]

Mr. Speaker, I am honoured to table this petition signed by Canadians from across the country concerned about the issue of forced human organ trafficking. Those signing the petition are looking for Parliament to move quickly to pass legislation: Bill C-350 and Bill S-240.

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

Mr. Speaker, the final petition I am tabling today is with respect to Bill S-223. The bill has had a number of different names and numbers. It is the bill that seeks to make it a criminal offence for a person to go abroad and receive an organ taken without consent. The bill has been in the works for over 15 years, trying to address forced organ harvesting and trafficking. It has been put forward in every Parliament I have been a part of, under Bills S-240 and S-204. Now it has been retabled in the Senate as S-223, and I am hoping against hope that this Parliament will finally be the one that gets it done.

I commend all these petitions to the consideration of hon. members.

Criminal Code

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Mr. Speaker, I have been following the debates all week and many of my colleagues have used their time in their interventions to acknowledge the wonderful work that various people have done.

I very much support Bill S-204.

As members know, we had a late night last night. We were voting on the main estimates to approve the necessary programs that were going to make a difference in all Canadians' lives, programs that would help get people back on their feet after surviving this global pandemic. It has not been easy, but we have been there for Canadians.

It is my hope that in the coming days, when we deal with bills like Bill S-204, we will see the swift passage of bills like Bill C-30 and other important pieces of legislation, which still need to be addressed, so we can ensure that the supports needed to help Canadians through the final stages of this pandemic are in place. That is why we are all here in this place. We do not need to be told by other colleagues that if we want to get Bill C-30 passed, we have to turn around and get some other bill passed. That is not the way democracy works.

We are to represent our constituents and make a positive difference, and I believe Bill S-204 would make a big difference in the lives of many people.

Bill S-204, formally known as Bill S-240, passed both in the House and in the other place in 2019. I was very proud to be one of the persons, along with my colleagues, who passed this important bill. I appreciate the fact that my colleague has raised this issue, brought it back and continues to move it forward, because it is a very important bill.

Unfortunately, Bill S-240 never became law due to the dissolution of the House before the federal election. That happened to many good pieces of legislation. It is long overdue that this Parliament pass legislation like Bill S-204, dealing with a practice that we all are appalled to know continues in spite of many of us calling for the abolition of it. We know it continues on many days and in many countries.

Similar bills have been sitting in Parliament for over 12 years, during which time many innocent lives have perished due to the organ transplant trade, something we all find completely appalling. Two previous private members' bills were tabled by my former colleague, the former member for Etobicoke Centre, and my life-long friend, someone we all love and respect, the Hon. Irwin Cotler.

I am the chair of the Parliamentary Friends of Falun Gong and I am all too familiar with the issue of organ harvesting and how this bill could help put an end to this horrific practice. I have seen many pictures and talked to people who have had their family go through this terrible process.

Bill S-204 proposes to amend the Criminal Code to create new offences in relation to trafficking in human organs. The bill also would amend the Criminal Code to enable Canada to assume extraterritorial jurisdiction to prosecute, and that is very important. There is no sense having legislation if we do not put teeth in it. We need that ability to prosecute, in Canada, Canadian citizens or permanent residents who commit any of the proposed offences abroad.

I was recently told about number of Canadians who were going abroad, specifically to China, and getting kidney transplants and different things done. I would like to ask Canadians, before they do that, to think about where those organs come from. This would make it an offence for any Canadian to go abroad to take advantage of that.

It would also amend the Immigration and Refugee Protection Act to provide that permanent residents or foreign nationals would be inadmissible to Canada if the responsible person were of the opinion that they have engaged in any of these activities relating to trafficking in human organs. Imagine that for $5,000, someone can get a transplant, never asking where that organ came from.

Our government is committed to ensuring our criminal justice system keeps communities safe, protects victims and holds offenders to account. We condemn the illegal and exploitative trade of human organs in the strongest of terms, and that was shown in the previous vote on Bill S-240, and will be on this one as well. We continue to have very strong feelings on things like this, as I believe all Canadians do.

Organ trafficking, the practice of extracting organs through coercive means to sell them for profit, is absolutely reprehensible and it is a global challenge, not just the challenge we are talking about today, which frequently involves the exploitation of vulnerable individuals. It is a complex issue that requires both legislative and policy responses. Our government is proud to support this important bill, with targeted amendments that would make it better to achieve its objectives.

I very much look forward to seeing its passage by Parliament contrary to what my colleagues seemed to indicate earlier. This a bill that we all want to pass and then have very strong enforcement to end human trafficking in organ transplants.

If I do not get another opportunity to do so, I wish everyone a blessed summer and I will see everyone in September.

Human Organ Trafficking

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

Mr. Speaker, the third petition I am presenting is in support of Bill S-204, a bill that has passed the Senate unanimously, and has previously passed the House unanimously in the form of Bill S-240.

The petitioners are hoping that this bill will be adopted and that this will indeed be the one that finally gets it done.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the next petition I am presenting today is from Canadians from across Canada who are concerned about forced organ harvesting that happens around the world. The petitioners are calling on the Government of Canada to pass two bills: Bill C-350 and Bill S-240. These bills would make it illegal for a Canadian to go abroad to gain access to illegally harvested organs.

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

Mr. Speaker, the final petition is in support of Bill S-204, a bill currently before this House, which has just passed the Senate unanimously. Bill S-204 would make it a criminal offence for a person to go abroad and receive an organ where there has not been consent. This bill has passed the House unanimously in its current form as Bill S-240 in the last Parliament. Now we simply need to complete the reconciliation process by passing Bill S-204 in this Parliament. The petitioners are hoping this Parliament is the one that finally gets it done and deals with the abhorrent practice of forced organ harvesting and trafficking. It is an issue on which all parliamentarians agree and has had unanimous support in both Houses before in this form, so let us try to get it done in this Parliament.

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

Mr. Speaker, the second petition is on Bill S-204, a bill that would make it a criminal offence for a person to go abroad and receive an organ taken without consent. The bill has passed the Senate unanimously and is now before the House. I note that it is identical to Bill S-240 and it is in the same form that the bill was in when it passed the House unanimously in the last Parliament.

The bill has now, in the same form, though, in different Parliaments, passed both Houses unanimously. The petitioners hope to see this Parliament finally be the one to actually get the bill into law.

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

Madam Speaker, the second petition I am tabling is about Bill S-204, a bill that has now passed the Senate and is currently before the House.

It is a bill that would make it a criminal offence for a person to go abroad and receive an organ in a case where there had not been consent. It also creates a mechanism by which a person could be made inadmissible to Canada if they were involved in forced organ harvesting and trafficking. This bill has now passed the Senate unanimously twice. It passed in the House once before unanimously, in the same form, in the previous Parliament.

Petitioners are hoping Bill S-204, which is the same as Bill S-240 from the previous Parliament, will be passed in this Parliament with the support of all members.