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.

Criminal Code

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

Mr. Speaker, the bill does not name specific countries or speak to specific situations in the text. That is very important because there are new situations in which this type of practice could be done that we may not see right now.

That said, the bill responds to a reality that exists in many countries of exploitation, whereby people's organs are taken without their consent, people are coerced. In particular, a major issue that I referred to in the People's Republic of China, forced organ harvesting, often involves political prisoners and Falun Gong practitioners very commonly. This research has been done excellently by David Matas and David Kilgour. Many others have commented on this as well. Other countries, such as Taiwan and Israel, have responded to this phenomenon by passing similar legislation.

It is striking how it was Canadians who did the initial research, yet we are behind in passing legislation to address this problem. Let us catch up, let us lead and let us get this done as soon as possible so this law is passed before the next election.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member made reference to Irwin Cotler, someone who is well respected on all sides of the House. I would ask my friend to provide a clear and precise perspective as to what Mr. Cotler says about the legislation.

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

Mr. Speaker, Mr. Cotler is very supportive of the legislation.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am very pleased to participate in the second reading debate this evening on Bill S-240. As has been discussed already, the bill would enact new offences to target organ trafficking and to make those who engage in such conduct inadmissible to Canada.

Illegal organ trafficking is a growing problem around the world. According to the World Health Organization, kidney transplants occur in 91 different countries around the planet, with liver and heart transplants also occurring with some regularity. Despite there being a legal and regulated environment in which these life-saving procedures occur, the demand for organ transplant surgery far outweighs the supply. For this reason, we are seeing a rise in this new form of crime, organ trafficking, although it is important to note that no known cases have occurred in Canada. According to some estimates, 10,000 kidneys are traded on the underground market each year.

I am very troubled to have learned about some of the numbers and circumstances surrounding organ trafficking and the fact that, as with other types of crime, it is often the most vulnerable members of society who find themselves at the greatest risk to be victimized. ln countries around the world, impoverished individuals may be provided little or no money in exchange for a kidney.

News articles have noted that the average payment for a kidney may be around $5,000 and, in many cases, there is no payment provided. ln contrast, the average purchaser will spend well in excess of $100,000 to be provided with a new organ. lt is clear, given those facts, that there is a great deal of money being made for those who operate in this illicit marketplace.

ln my riding of Parkdale-High Park, constituents have approached me to raise their concerns specifically about the practice of organ harvesting. Political prisoners, including Falun Gong practitioners, as mentioned by my friend opposite, have been subjected to organ harvesting in order to support the trade in human organs, and these abuses are ongoing.

I am happy that the member for Sherwood Park—Fort Saskatchewan raised the issue of former parliamentarian, David Kilgour, and his 2006 report. That report documented the many Falun Gong adherents who had been killed to supply the organ transplant industry. In that report, Kilgour stated that he and his fellow researchers “believe that there has been and continues today to be large-scale organ seizures from unwilling Falun Gong practitioners.”

Most human organ trafficking is fuelled by the fact that patients in rich countries cannot get access to the organs they need to survive in their own countries, so they turn to countries where organs can be purchased.

Bill S-240 seeks to target organ trafficking by creating new offences in the Criminal Code. I look forward to debating this bill.

Right now, the sale, purchase and trafficking of human organs outside our existing regulatory framework are strictly prohibited under provincial health laws and the Safety of Human Cells, Tissues and Organs for Transplantation Regulations.

I would also like to note that the Criminal Code already prohibits human trafficking for the purposes of organ removal. This offence focuses on the exploitation of another person. The Criminal Code states that, and I quote, “a person exploits another person if they cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed”.

Bill S-240 seeks to focus on the demand side of organ trafficking. It does this through the proposed four new offences included therein that would apply to situations where Canadian citizens or permanent residents would travel abroad and engage in conduct that would be prohibited if it occurred in Canada.

Three of the bill's four offences are focused on the situation where an organ is removed from one person in order to be transplanted into another in a situation where there is proof that the donor did not provide informed consent. Bill S-240 was amended by the Senate to provide a concrete definition of informed consent, which is as follows:

...consent that is given by a person capable of making decisions with respect to health matters and with knowledge and understanding of all material facts, including the nature of the organ removal procedure, the risks involved and the potential side effects.

This presents a challenge, and I want to underscore this for the purposes of this debate, as proof would require evidence that the accused knew that he or she obtained an organ from someone who did not offer informed consent. This, in turn, would require evidence that the accused knew that the person providing the organ had the requisite knowledge level.

It is quite possible that the accused would have no information concerning who the person providing the organ was, let alone knowledge of the risks associated with the transplant procedure. I am looking forward to following the debate on this bill on this particular point.

In targeting the demand, Bill S-240 would also allow Canada to assume extraterritorial jurisdiction, as was outlined by the member opposite, and prosecute cases here at home, even when the conduct occurred abroad and was committed by Canadians or permanent residents. This is laudable and perhaps very appropriate, given the fact that much of the conduct targeted by this bill occurs abroad. Nevertheless, I would highlight, for the purposes of this opening debate, that extraterritorial investigations and prosecutions are indeed challenging. They require police-to-police co-operation as well as more formal methods of international co-operation to secure the necessary evidence. Frequently they involve Canadian police officers travelling abroad, and of course, they require the accused to either be present here in Canada or to be returned to Canada. Such investigations are costly and would be borne by the provinces and territories that are responsible for the administration of justice. These matters are worthy of close consideration by all of us as we examine Bill S-240 more closely.

Another aspect of Bill S-240 is the proposal to establish a reporting mechanism to track organ transplants in Canada. Under proposed section 240.2 of the Criminal Code, medical practitioners, under this bill, would be required to report to a federally established body, made via a Governor in Council appointment, information concerning the fact that a person they treated received an organ transplant. This requirement would apply in all cases, including in respect of organ transplants that occurred right here in Canada. This begs the question of whether such an approach is necessary, given that the purpose of Bill S-240 is focused on illicit organ trafficking abroad.

There can be no doubt to anyone in this House that illicit organ trafficking merits serious consideration and appropriate responses from all governments, including our own here in Canada. Even though it does not appear to be a significant problem domestically, we should not take an approach that treats this issue as a problem that does not concern us. Like all forms of transnational crime, criminals find ways to exploit loopholes in the international legal framework. ln this respect, it is right for us to be examining our laws, programs and policies to ensure that they are as comprehensive and effective as they can be.

I would highlight, at this point, some of the comments made by my friend opposite in introducing this bill in this House, which came from the Senate. He underscored the fact that there have been successive efforts made by parliamentarians on both sides of the House to address this important issue. It is an important issue. It is one we take very seriously as parliamentarians. It is one that all parliamentarians in elected legislatures, literally around the planet, need to take seriously, in light of the fact that an illicit underground market has occurred for organs and that this underground market is actually exploiting vulnerable individuals in various nations around the planet. Whether it is in respect of kidney harvesting or liver or heart transplants, etcetera, these are concerns we need to draw attention to. That is why we are looking forward to concrete debate today and in the days and weeks to come on this bill to ascertain its merits.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am very honoured to rise to debate this matter. I am pleased as well to second this bill, brought to us by the hon. member for Sherwood Park—Fort Saskatchewan. It is the work of Senator Ataullahjan from the other place, the Senate, that led us here. I understand the bill passed with enormous support in the other place and I am hoping that it will have the same level of support here in this place.

Canada is a bit behind the times on this. I note, for example, that the Europeans have for quite some time had a convention entitled “Council of Europe Convention against Trafficking in Human Organs". The hon. member has already set out the cross-party support an initiative like that has had in this place for very many years, and it seems to me that the time has come to join the Europeans and other countries to deal with the scourge of trafficking in human organs this bill seeks to address.

I note that the bill “amends the Criminal Code to create new offences in relation to trafficking in human organs [and tissue]. 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 [or tissue].”

The hon. parliamentary secretary pointed out quite properly the difficulty sometimes of going after people in other jurisdictions. Of course, that has not stopped Canada dealing with sex trafficking, as has been pointed out, or “sex tourism” as it is called. We know that is the case. Also there is a section in Bill S-240 that would require any proceedings to be instituted only with the consent of the Attorney General, therefore making it likely that we could address these practical problems, to which he made reference, through that intermediary.

The scourge of organ trafficking is absolutely appalling and its exponential growth should cause concern for every member of this place. In her speech, the senator referred to situations that sound like horror movies. She cited the following:

Waking up in a weary haze in an unfamiliar house on the outskirts of Delhi, India, Khan was greeted by a stranger in a surgical mask and gloves. As he began to ask where he was and what had happened, he was told very curtly, “Your kidney has been removed.”

As another exposé published in the Haaretz newspaper indicates, thousands of Sudanese refugees living in Cairo have fallen victim to the illegal organ trade. These people are among the most desperate and easy prey for people who can simply push them aside, often by putting a mask with anaesthesia over their mouths, taking them to the back of a private clinic and removing organs, the most popular being kidneys, livers and others, and then sending them home after a while, still drugged, maybe unconscious, without the organ in question. Last year Professor Seán Columb of the University of Liverpool published a study showing a connection between the organ-harvesting industry and the societal exclusion of minorities and refugee groups in Cairo.

This is a huge problem. It has grown exponentially according to the experts, in part, as the parliamentary secretary pointed out, due to the fact that the demand has grown and the supply has become limited.

I feel that some practical steps have been taken recently in this place. The member for Calgary Confederation has introduced in the House Bill C-316, which would deal with information from tax records being used for an organ donor registry. That is another initiative I was proud to second and support. As the population ages, the demand will likely increase and these crimes by organized criminals will increase as well.

I do not want to spend much time on this bill. To me, it is a quintessential no-brainer. I want to join the Europeans. I want to join others around the world who are recognizing the scourge of organ trafficking and, as a Canadian, stand proudly with them and deal with this very real problem.

As my friend said earlier, we do not have a problem if we can come together, as other jurisdictions have, and say let us get this done in this Parliament to make a difference in people's lives right now.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is a pleasure to address what is a really important issue. The whole issue of organ donations is something I am personally very interested in.

I was pleased with my colleague's comments about how individuals who are prepared to donate an organ should be made fully aware of what it is that he or she is offering to do. One of the other aspects of that debate is recognizing that it is not just the House of Commons. In fact, it entails having Ottawa work with different jurisdictions, the provinces and territories and possibly other stakeholders to deal with this issue. At the very beginning we recognized that it is an international issue of grave consequence that is having a serious impact around the world.

Even though, to the best of my knowledge, there has never been a case cited here in Canada, we have still seen Canada play important roles regarding leadership and trying to convey very strong messages on important issues.

The first question I asked my colleague across the way was with respect to a petition. I first heard about this issue through a group of individuals in my own community of Winnipeg who took the time to explain the issue to me personally. The degree to which that exploitation is taking place is fairly offensive, and I think the vast majority of Canadians would be very surprised.

I have had the opportunity to travel, as other members have, outside of Canada, and I have seen members of the Falun Gong group promoting and encouraging a higher sense of public awareness that goes far beyond our borders. That is one of the reasons I did not have an issue tabling petitions on it.

If I reflect on some of those petitions, they highlight the core issue. For example, they recognize that Falun Gong is a traditional Chinese spiritual discipline that consists of meditation, exercise and moral teachings based on the principles of truthfulness, compassion and tolerance. They make reference to the fact that back in 1999, the Chinese Communist Party launched an intensive and nationwide persecution campaign to eradicate the Falun Gong.

These are the types of issues that are being raised through petitions. I would suggest that these do more than just make those of us inside this chamber aware, because they engage citizens by requesting that they look at the petition, try to better understand the issue, and then sign in support of it. They reference David Matas, someone I have known personally for many years.

The former Canadian Secretary of State for Asia-Pacific, David Kilgour, conducted an investigation in 2006 and concluded that the Chinese regime and its agencies throughout China had put to death tens of thousands of Falun Gong prisoners of conscience. Their vital organs were seized and put up for sale at a high price.

Many doctors opposed to forced organ harvesting have collected about 1.5 million signatures in petitions over the years from countries all around the world. This bill references 50-plus countries, as well as the UN High Commissioner for Human Rights, who has called for immediate action to end the unethical practice of forced organ harvesting in China and an end to the persecution of Falun Gong practitioners.

The European parliament has taken some action to date with a resolution condemning organ harvesting abuse in China. The resolution called on the government of China to end immediately the practice of harvesting organs from prisoners of conscience.

To the best of my knowledge we have not seen a motion or resolution to that effect, and that surprises me. There have been a number of attempts made by some members to bring legislation forward. There appear to be a number of outstanding concerns that we hope to draw out during this second reading debate, and the debate that might follow in the coming days to address some of those concerns.

This issue has been raised already. The people who have signed these petitions are asking the Government of Canada to take action. This is not a new issue. It has been around for a number of years, as my friend pointed out. Even former prime minister Stephen Harper was unable to get it to a vote. We will have to see what takes place here.

This issue is recognized in the Criminal Code. Many aspects of this proposed legislation, from what I understand, are already covered in the Criminal Code, if not directly, definitely indirectly, dating back to 2005 when the Criminal Code was amended.

I would suggest that we look at clauses 279.01 to 279.04 of the code. The main trafficking in persons offence prohibits engaging in specified types of conduct in order to exploit or facilitate the exploitation of another person. Exploitation is defined broadly and includes causing a person “by means of deception or the use or threat of force or any other form of coercion, to have an organ or tissue removed.”

In addition, it is an offence to receive a financial or material benefit knowing that the tissue or organ was derived from trafficking in persons. The concept of a material benefit is sufficiently broad to encompass the receipt of an organ in cases where the recipient knew the organ was obtained through deceit or any other form of coercion.

Canada's human trafficking offences also apply extraterritorially, in section 7(4.11), and therefore can be used to prosecute in Canada the Canadians or permanent residents who commit human trafficking offences abroad.

There are also provincial statutes that prohibit sales, purchase and dealings in human tissues or organs outside the applicable regulatory framework.

The point is that there are a number of issues, just as I am sure that former prime minister Stephen Harper recognized. Our government is looking at all aspects of this issue. We hope that the members across the way will maybe pick up on some of those points and possibly expand on them.

We know that there is an obligation for the government to work with other stakeholders, in particular our provinces and territories, and to listen to what Canadians have to say. We will have to wait to see how this debate ultimately evolves.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I appreciate the opportunity to speak to this Senate public bill, Bill S-240, which proposes amendments that seek to tackle an issue that is of concern internationally and to Canadians, and that is the illicit trafficking of human organs.

Before I discuss the substance of this relatively small but important piece of proposed legislation, I would like to spend a few minutes discussing the issue on which it focuses. As I mentioned, this issue has affected many other countries around the world, yet as my hon. colleague for Winnipeg North has said, it is important to note that, to our knowledge, no known cases have yet occurred in Canada, nor would we want them to.

Organ trafficking is a lucrative and dangerous form of transnational organized crime. According to a 2015 study by the United Nations Office on Drugs and Crime, this activity purports to net in excess of $1 billion U.S. annually in illegal profits. What this illicit revenue is used for can be far-reaching, but one can well imagine that some of it is funnelled into other criminal ventures, which can undermine public safety, fuel corruption and negatively impact the rule of law.

It is also important for members to understand what it is we are talking about when we say “organ trafficking”. According to the Council of Europe Convention against Trafficking in Human Organs, the only international treaty on this issue, trafficking in human organs includes the removal of organs from a person who has not provided free, informed and specific consent or who has received a financial benefit in exchange for the removal of organs.

We know that organ trafficking puts lives at risk. Medical procedures that might be performed in substandard and unregulated environments can impact those whose organs are being removed or those who are seeking organs themselves. Quite simply, this is an appalling and dangerous business, and it requires a strong legislative and operational response. It is against this backdrop that I would like to turn my attention to the substance of Bill S-240.

As I said earlier, this legislation is short and proposes amendments to both the Criminal Code and the Immigration and Refugee Protection Act. However, despite the protests of my colleague across the way, there are still some questions we must address.

I will start with the Criminal Code proposals, the most significant of which relate to the creation of new criminal offences punishable by considerable periods of imprisonment. Bill S-240 would enact four new offences targeting organ trafficking and related conduct.

The first offence, in proposed paragraph 240.1(1)(a), would prohibit obtaining an organ in order for it to be transplanted into one's body and in a situation where the person who has received the organ knew or was reckless as to whether or not the person who provided the organ gave informed consent. This particular proposed offence appears to be focused on the beneficiary of the organ and not on anyone else who may be involved in organ trafficking generally.

The second offence, in proposed paragraph 240.1(1)(b), would more squarely address the facilitators. This offence would target those who carry out, participate in or facilitate the removal of an organ in cases where they know or are reckless as to whether or not a person provided informed consent to have the organ removed.

The third offence, in proposed paragraph 240.1(1)(c), would address those who enable illegal organ removals by prohibiting acting on behalf of or at the direction of or in association with a person who has removed an organ and where the accused knows that the organ was removed from someone who has not provided informed consent or was reckless as to that fact.

Finally, Bill S-240 proposes an offence at proposed subsection 240.1(3) to target those who are involved in obtaining an organ for consideration. In essence, this offence would make it illegal to obtain an organ for money, even in cases where the organ was provided by someone who provided free and informed consent.

As I mentioned, these proposed offences would be subject to a significant maximum penalty, imprisonment for 14 years. As with other indictable offences, a sentencing court would also have discretion to impose a fine of any amount.

I am interested in our discussion of these proposed new offences, and I say this because I have a number of questions on these proposed new offences. While I will not be able to raise all of them here this evening, I wonder, for example, whether it is the role of Parliament to use criminal law to target someone who has purchased an organ, perhaps in another country where it may be legal to do so, in a situation where the individual who provided the organ did so freely, in a safe manner and under circumstances that were closely regulated. This type of action would be captured by the bill, because the bill also proposes to allow the prosecution in Canada of Canadians who go abroad to purchase organs.

These are extremely difficult and complicated situations. I can well understand why some who are faced with the prospect of serious health consequences or even death and who cannot otherwise obtain a necessary organ might look to other options for saving themselves or someone they love.

On the other hand, I also recognize the motivation behind the proposal and the need to ensure that individuals, often from developing countries, who may be vulnerable to abuse given their own economic situation, are protected from potentially exploitative practices.

Bill S-240 proposes a definition of informed consent that would be a key feature of the new offences. I would note that, as introduced, the bill did not propose to define this term but that a definition was added by the Senate out of concern for the need to be clear in the law, particularly given that we are talking about criminal offences.

From my own perspective, I welcome the changes by the Senate in this regard, in that they try to make the law clear and clearly understood. At the same time, the Senate committee did not appear to consider the impact of this change in any significant detail. I wonder, for example, whether this definition of informed consent is consistent with the approach that is taken in the medical assistance in dying regime or whether defining it in the Criminal Code in the manner that has been done is consistent with how that term is understood in the health law context.

I look forward to hearing more and considering these points further. I would also like to comment briefly on the changes proposed to the Immigration and Refugee Protection Act, which would result in someone who has engaged in conduct captured by three of the four proposed offences being inadmissible to Canada. In thinking about this proposed change, I wonder whether it is, strictly speaking, essential given that the current laws on inadmissibility already address criminality and organized criminality. I am curious as to why the offence prohibiting the receipt of an organ for money would not provide a basis for excluding someone from Canada when the other newly proposed offences would.

There can be no doubt that Bill S-240 is targeting an important issue and this issue is deserving of our attention. However, as we are talking about criminal law, which is one of the most blunt and powerful instruments available to a government, I think it is critically important that we do our due diligence and fully examine the proposals contained in this bill and the full range of consequences that flow from its changes.

I worked on Bill C-75, which has several hundred clauses, and being in the cut and thrust of such legislation is hard work. We need to do the homework and take the time to make to make sure that the laws to be passed in the country are fair and balanced for all concerned.

[Matt DeCourcey, Liberal, Parliamentary Secretary to the Minister of Immigration]

Mr. Speaker, I rise to speak to Bill S-240, which is private member's business relating to trafficking in human organs.

To begin, let me clearly state that our government is entirely committed to ensuring that our criminal justice system keeps communities safe, protects victims and holds offenders to account.

Additionally, our government has a proven record over the last three plus years of presenting a solid face on the international stage as it relates to trafficking in organs, to trafficking in people and to the illicit trafficking of arms exports.

Members in this House will recall that, not too long ago, under the leadership of our foreign affairs minister, our government introduced Bill C-47, which would allow Canada to accede to the Arms Trade Treaty, to ensure that arms sold to other state entities were not going places where they could contravene international law, where they could cause all kinds of horrific things to occur. Quite frankly, we introduced that bill and we believe in the philosophy that underlies it because we understand the importance of global human rights and the equality of human dignity and ensuring that international law is upheld. We certainly share that philosophy when it comes to any and all other matters that concern trafficking and activities that occur across borders in illicit ways. That would relate as well to the trafficking of human organs.

We want to eliminate human organ trafficking around the world. That is why Canada's criminal justice system is at the forefront of these efforts. We want to stop these kinds of activities from happening abroad.

Furthermore, we certainly condemn the illegal and exploitative trade of human organs in the strongest terms, and we say that both in Canada and on the international stage. People can be sure that the officials who represent Canada at embassies and in international forums abroad share that same message, as would all members on the government side of the floor, when meeting with constituents in their home ridings, representing the government from coast to coast to coast and when travelling abroad to represent the Government of Canada and all Canadians on the international stage.

Organ transplantation and donation is governed by a comprehensive legislative framework at federal, provincial and territorial levels in encompassing health and criminal law. We are talking about significant coordination between different federal departments and agencies, which all have to work together to ensure we can guard against the trafficking of human organs. It takes cross-jurisdictional conversations as well to ensure officials at provincial and territorial levels, as well as public safety officials, ensure these sorts of things can be snuffed out and guarded against, and that this sort of trafficking is prevented as much as possible. Trafficking is prevented in drugs and human smuggling at home or when things arrive at our borders or shores.

We want to ensure we take a public health approach when we look at these sorts of things as well to ensure, first and foremost, that we look after the safety, security, health and well-being of Canadians. When we do that at home, we have the ability to share that story around the world and work with other partners on the international scene who may not have the same level of capacity Canada has to deal with these issues. It is a lesson and something we share across the world. Where we have the capacity to step up and lead, Canada always has. It has certainly been the story under this government.

We have to be aware of trafficking in human organs and other illicit goods, especially in the context of increased migration and flows of people who are on the move more so than we have seen since the end of World War II. In many cases, people are fleeing persecution. In some cases, they are fleeing gang violence and other activities that have caused them personal, physical, mental and psychological harm. Therefore, it is important we understand why people are on the move, what other illicit activities could be camouflaged with people moving around and how we guard against any trafficking at all, but certainly a proliferation of trafficking of things like human organs, persons or other illicit goods.

Another point is that the Criminal Code in Canada currently prohibits the removal of an organ without the informed consent of the donor. If we lacked that provision in our Criminal Code, think how terrible it would be to have an organ removed without one's consent. We have taken steps in our country to ensure that is not the case. It is reflected in our view that human dignity is to be upheld in all cases. Having someone's consent to have an organ removed is upheld in Canada.

With the few minutes I have left, it might be worth re-emphasizing for those who have been watching over the last few minutes how seriously we take the issue of trafficking in human organs, just like we take all matters that would have a negative or deleterious effect on the health, well-being, safety and security of Canadians or on the Canadian population.

[An hon. member]

Deleterious?

[Matt DeCourcey, Liberal, Fredericton, NB]

I hear one of my colleagues snickering about my use of the word “deleterious”. I would encourage that colleague to look it up and perhaps use it in debate in the House before the end of the coming session. I am sure he will find the usage of such words can be helpful in really painting a picture of the negative consequences that not addressing these issues seriously can have on individual Canadians and our population as a whole.

I just highlighted the importance of paying attention to these issues, of speaking out about the negative effects of these activities and speaking out on the international stage to send a message that Canada is and will continue to be a leader on these issues and all matters that affect the well-being of Canadians and people around the world.

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

Mr. Speaker, I rise on a point of order. In light of the urgency of this, I think the direction in which the debate is going makes clear that the key arguments have been made.

I would seek unanimous consent at this point to deem the motion adopted at second reading stage so we can proceed to the urgently needed study at committee, and review any amendments that allow us to move forward with the bill. I am seeking unanimous consent for that motion.

[The Assistant Deputy Speaker, Anthony Rota]

Do we have unanimous consent?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Anthony Rota]

Unfortunately, we do not have unanimous consent.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Science. I want to point out that she will have about nine minutes and then we will have to call it a night for this debate.

The hon. parliamentary secretary.

[Kate Young, Liberal, Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility)]

Mr. Speaker, I thank the hon. member for bringing this to the House. It is an important debate that we need to have. It will be a debate that will continue, I am sure.

What has been stated before, of course, is very true. Our government is committed to ensuring that our criminal justice system keeps communities safe, protects victims and holds offenders to account. We condemn the illegal and exploitive trade of human organs in the strongest of terms.

Organ transplantation and donation is governed by a comprehensive legislative framework at both the federal and provincial and territorial levels, encompassing health and criminal law. The Criminal Code currently prohibits the removal of an organ without the informed consent of the donor. I think that last part, informed consent, is especially worth noting. That is in and of itself the most important part of any discussion about human organ donation.

Organ trafficking is a growing concern internationally. I appreciate the fact that this has been brought to the House to debate, but no known cases have occurred in Canada, and we hope it never happens.

In Canada, organ transplantation and donation is governed by, as I mentioned, a comprehensive legislative framework at both the federal and provincial and territorial levels. Health regulatory offences apply where organs are removed, transplanted outside the regulatory framework, while criminal laws apply where the organ donor did not consent or was coerced.

More specifically, provincial statutes prohibit the sale, purchase and dealing in any human tissues or organs outside this regulatory framework. These laws require the explicit consent of the donor or next of kin in the case of deceased donation. Federally, the safety of human cells, tissues and organs for transplantation regulations, administered by Health Canada, prohibit transplant activities unless carried out by a registered establishment.

In Canada, we talk a lot about encouraging people to donate organs. It is an ongoing issue. I think probably everyone in this House knows someone who has been on that waiting list, sometimes waiting months for an organ transplant. We have to encourage Canadians to make sure that they sign up so that they can become organ donors, if in fact the situation arises where they would be considered a donor.

That is what we need to address in this House. We need to encourage education so that people understand the differences between consent of an organ donation and what is actually going on around the world that I agree is abhorrent in nature.

The Criminal Code also includes a number of general and specific offences that can respond to the conduct targeted by Bill S-240. In 2005, the Criminal Code was amended to enact a number of specific offences that comprehensively address all aspects of trafficking in persons. For those who want to look it up, it is sections 279.01 to 279.04.

The main trafficking in persons offence prohibits engaging in specified types of conduct in order to exploit or facilitate the exploitation of another person. Exploitation is defined broadly, and includes causing a person “by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.” “Coercion” and “consent” are the two main words in this discussion.

In addition, it is an offence to receive a financial or material benefit knowing that it was derived from trafficking in persons. The concept of material benefit is sufficiently broad to encompass the receipt of an organ in cases where the recipient knew the organ was obtained through deceit or any other form of coercion. It is terrible to think that people get so desperate in this world that they know the organ they are receiving has been taken from another human being without their consent or through coercion. That is the worst possible point of this bill that we must address.

Canada's human trafficking offences also apply extraterritorially and, therefore, can be used to prosecute in Canada those Canadians or permanent residents who commit human trafficking offences abroad. There are Canadians who travel abroad and knowingly go there in order to receive an organ from someone who was either paid or coerced. That has no place in our civilization.

In addition to the human trafficking offences, criminal offences of general application could also be used to respond to organ trafficking. Depending upon the facts of the case, aggravated assault, unlawfully causing bodily harm, uttering threats, organized crime offences or extortion could all be used to address organ trafficking conduct involving coercion of the organ donor and all are punishable by significant penalties of imprisonment, as they should be. These provisions, however, do not have extraterritorial effect.

There are some real important issues that need to be discussed and I am certainly glad that my hon. colleague brought this forward. Trafficking in human organs is something that no one in the House would agree with. It needs to be debated, though, because there are laws that may conflict with this bill and we need to make sure we get it right. It is certainly something that, as a government, we are looking into. We need to address it and have the discussion both here in the House and possibly at committee stage.

We can all understand that some people take matters into their own hands and there have to be rules and regulations around trafficking in human organs to make sure people are not leaving Canada to get organs in this way. We also have to educate people in Canada to the fact that, yes, organ donation is a very positive thing to do, but people have to be able to consent and no coercion can be involved at all.