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

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

Mr. Speaker, the final petition deals with the private member's bill I am sponsoring, Bill S-240, which seeks to criminalize the practice of going abroad to get organs for which there has not been consent. The petitioners want Parliament to support the expeditious passage of the bill. We need to move forward with Bill S-240 as quickly as possible.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I rise to table a petition by three dozen Canadians. It is specifically drawing the attention of the House to the practice of illegal organ trading. They are asking parliamentarians to support the penalties in Bill C-350 and Bill S-240.

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I am pleased to present this petition signed by many residents of Ontario on the subject of international organ harvesting without consent. The petitioners call on the government to pass both Bill C-350 and Bill S-240.

Criminal Code

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

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.

[Matt DeCourcey, Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship, Lib.]

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.

[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.

[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.

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

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.

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

, seconded by the member for Victoria, moved that Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), be read the second time and referred to a committee.

He said: Mr. Speaker, two well-known Canadians, David Matas and David Kilgour, have uncovered something shocking. Their painstaking research has unearthed that between 60,000 and 100,000 human organs are being transplanted in Chinese hospitals each year, with virtually no system of voluntary donation in place. Most of the organs come from prisoners of conscience, primarily Falun Gong practitioners.

I make this speech today in the presence of people who have been arrested in China, and had their blood tested in prison. It may have been that the only thing that prevented their victimization was that they did not match a potential recipient. They understand, more than anything else, the importance of what is happening on the floor of the House today.

Today, I am moving a Senate bill to ask the House of Commons to rule on a fairly simple proposition, that the removal of vital human organs from living patients without their consent is morally unconscionable and must be stopped.

About a similar bill in the past, the parliamentary secretary has said that this bill raises some complex legal and social policy issues. There can be no doubt, though, that the moral issues raised by the bill are quite clear cut. On the legal side, the bill has been well studied by the Senate. I believe it significantly improves on Bill C-350 that I proposed, and also on the original Bill S-240, which was subsequently amended by the Senate committee to bring us the version we have today.

The legal issue is not particularly complex, but in an effort to stop this horrific practice, it does invoke the idea of extraterritoriality. This is where the state seeks to punish someone for a crime he or she committed elsewhere. This is relatively uncommon, although morally necessary in cases like this. Generally, states do not see it as their affair to prosecute crimes that take place elsewhere, because the government of the state in which the crime occurs is best positioned to undertake that prosecution. The government ought not to be indifferent to serious crimes committed by Canadians abroad, but it is generally wise to leave the prosecution of those crimes to the state where they took place.

However, the normal practices should clearly not apply in cases where the local government is indifferent to, is unable to respond to, or is directly facilitating a grievous violation of fundamental human rights. In such cases, Canada can and must prosecute Canadians who go abroad to abuse human rights. Human rights do not apply any less to human beings in other countries. Nation states provide the practical framework through which rights are generally identified and preserved, but this should not be an excuse for allowing their own people to be complicit in grievous violations of human rights.

In 1997, during the tenure of Liberal justice minister Allan Rock, Canada explicitly made it a criminal offence in Canada for a Canadian citizen or permanent resident to engage in so-called child sex tourism; that is, to go abroad and participate in the sexual exploitation of children. Exactly the same principle applies in this case. One notable difference, though, is that offences related to organ harvesting are probably easier to prosecute. Unlike someone who engages in the despicable practice of child sex tourism, someone who benefits from organ harvesting will have follow-up medical needs in Canada.

This bill is morally necessary and it follows a well-established legal track.

A brief word on the legislative history of this initiative. My friend, the member for Etobicoke Centre, began this process on February 5, 2008, with a very similar bill, Bill C-500. He is, for those who do not know, a Liberal. Bill C-561 was proposed by former Liberal justice minister Irwin Cotler in December of 2013. I proposed Bill C-350 in this Parliament before Bill S-240 was proposed by the very excellent Senator Salma Ataullahjan in the Senate.

We have had four bills in 10 years, and now we have less than one year until the next election. When the next election is called, every bill will die and we will go back to the beginning. Four bills, 10 years, and fundamental human rights are at stake. If we do not proceed to a vote on this as soon as possible, I fear we will significantly reduce our chances of getting this done this Parliament. There have been four bills, 10 years and cross-party co-operation and engagement up until now. Let us not force the victims to wait any longer. Let us pass the bill as soon as possible.

Human Organ Trafficking

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

Mr. Speaker, I have the honour to table a petition once again, recognizing the scourge of human organ trafficking. The petitioners are looking for quick passage of Bill C-350 and Bill S-240.

Organ and Tissue Donation

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

Mr. Speaker, it is a pleasure for me to rise today to discuss another initiative dealing with the issue of human organs and organ transplantation. By my count, there are five initiatives that have been or are before us that deal in some sense with the issue of organ transplantation. There were private members' bills put forward by my colleagues from Edmonton Manning and Calgary Confederation; we have the motion before us tonight; and we also have a number of legislative initiatives, one of which I have sponsored and which deals with the issue of illicit organ harvesting. That is, organs taken without consent, which is obviously a very different issue but is one that might be worth reflecting on in the context of some of the discussion that is happening tonight.

What we are debating tonight is Motion No. 189, which says:

That the House: (a) reiterate its commitment to facilitate collaboration on an organ and tissue donation and transplantation system that gives Canadians timely and effective access to care, since every year more than 250 people, out of the 4,500 on waiting lists, die without receiving a transplant; and (b) urge the government to support national efforts with provincial and territorial authorities and stakeholders to increase organ and tissue donation rates in Canada through public education and awareness campaigns, ongoing communication and the exchange of information, including best practices.

It is important to underline that when we debate a motion, it is essentially the House of Commons participating in a communications exercise. That is, we are all together, expressing a sentiment through endorsing an idea. In plenty of cases and in this case, it is a thing worth doing, given the motion is before us. I am going to be voting in favour of this motion.

However, I will also challenge members that the primary objective that we should pursue, as legislators, is not just to look for opportunities to put forward communication pieces on vital issues like this, but to actually look for opportunities to change the law in ways that actively increase the rate of organ donation and also that compel the government to take specific action to move these things forward. If a motion is a way of starting a conversation, that can be very worthwhile, but if a motion is a substitute for legislative action then it is perhaps not desirable. What we need to be doing is looking for opportunities, as legislators, to legislate to take the vital steps that need to be taken now to move this issue forward. I certainly commend the mover of this. I am, again, pleased to support this motion. However, there is such an urgency when it comes to moving forward and addressing, as the motion says, the number of people on waiting lists who die without transplants, that legislative changes are urgently required.

I was pleased to speak in favour of and support a bill by my colleague, a concrete legislative initiative by the member for Edmonton Manning, that would have created a national organ donation registry. Unfortunately, this bill was voted down. It was one of the first private members' bills that was put forward in this Parliament and it was defeated. A national system of national collaboration, which is indirectly hinted at by this motion, would have made the concrete difference. It would have taken far more steps in the right direction than this motion does tonight. It is with regret that I note the defeat of that bill because, had it passed, it would be saving lives today as we speak.

We had another bill put forward, by my colleague from Calgary Confederation, and this added the very helpful step of saying that when persons fill out their income tax forms they should be able to indicate on there whether they wish to be an organ donor, so it would be another opportunity for people to give information and hopefully this would increase the number of people who are saying they would like to be an organ donor. Again, it is a legislative initiative concretely moving things forward, compelling the government to action instead of simply participating in a communications exercise.

These were both good bills. I was pleased to see Bill C-316 pass.

In light of where we are in the electoral cycle and that we are likely less than a year until the next election, members should be seized with the urgency of moving forward good private members' bills that are currently before committee.

Bill C-316 passed the House at second reading. From what I understand of the process, it will need to complete the committee study, complete third reading and make its way through the Senate. There is an urgency to moving that bill forward. If all we do in this Parliament is pass this motion but not pass legislative action, that will have been a failure, a missed opportunity. I hope we will all be able to work together on that legislative initiative.

I would note the mindset and strategy behind Bill C-316. I am reading a fairly well-known book called Nudge by two behavioural economists, Thaler and Sunstein. It talks about this idea of something called libertarian paternalism, which is that governments, businesses, institutions that are shaping the architecture within which people can make choices can preserve complete liberty for the individual while still aligning the circumstances of that choice to try and bring about a socially desirable outcome.

In the case of organ donation, many people likely do not sign their donor cards not because they are choosing not to be an organ donor, but because it is simply that they are not confronted with a situation where they have to make a choice either way. They might be willing to be an organ donor, but they are just not thinking of it, and then something happens to them and they have never gotten around to signing their donor card. The idea of thinking about the choice architecture is to create the conditions in which people still have complete liberty to decide where their organs are going, but the circumstances increase the chances that they will make a choice that is in a broader sense socially desirable.

In the case of Bill C-316, it is about putting people in situations where regularly they are seeing the choice option in front of them, a way of nudging people toward making the choice one way or the other. If someone does not want to be an organ donor, absolutely the individual should have that freedom. However, it is useful for the person to be given that choice in as many contexts as possible so he or she at least is given the greatest opportunity to say yes or no. Hopefully, the individual would say yes so that again we do not have people who are not organ donors even if they thought about it they would be willing to be an organ donor, but they just never got around to signing the card or having that question in front of them.

In the context of discussion about organ donation, I want to talk briefly about Bill C-350 and Bill S-240. Tomorrow night we are going to be debating Bill S-240, which is from the Senate. It would make it a criminal offence for someone to go abroad to receive an organ for which there has not been consent. This is such an important and obvious bill. There are countries, one country in particular, where organs are taken from people without consent, often because the people are seen as politically undesirable by the government.

Anecdotally, Canadians have a sense that some people in other countries will travel to receive an organ that was taken without consent. That should be a criminal offence because being complicit in this terrible practice of organ harvesting is wrong and Canada should do everything it can to try to stop that practice. We should note in that context as well that people who are in that situation face a level of desperation because they know they need an organ and they are on a wait-list. One thing we can do is address that act specifically and address the fact that some people might go abroad to receive an organ that was harvested without someone's consent. At the same time, we can work to increase the level of organ donation here in Canada so that people no longer find themselves in that desperate situation. We can and we should do both.

By passing legislation like Bill C-316, we can ensure that people do not have to be in the desperate situation where they are on a wait-list and even where they may make a choice that they would not make under other circumstances that ends up harming someone else's life in another part of the world. With that in mind, I am very hopeful that we will be able to move forward quickly on the legislative initiative in Bill C-316 as well as Bill S-240 which we will be debating tomorrow.

I am pleased to support this motion, but the House must do more to make the vision behind this issue a reality.

Human Organ Trafficking

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

Mr. Speaker, I am pleased to table a petition in support of Bill S-240, a bill that would finally address the scourge of forced organ harvesting. This bill or bills like it have been before the House at different points for the last 10 years.

The petitioners and I are very hopeful that we will be able to have the co-operation of all parties to move this vital legislative initiative forward before the next election.

[David Graham, Liberal, Laurentides—Labelle, QC]

In that case, I move:

That Bills S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women) and S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), not be designated non-votable.

If we pass this motion without opposition, we can continue the discussion on Bill S-203.

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

Mr. Speaker, I am pleased to rise to table this petition from many residents in the province of Ontario, related to Bill S-240, which is in the Senate. The petition urges the Parliament of Canada to move quickly on the proposed legislation so 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 a result of financial transactions, and to render inadmissible to Canada any and all permanent residents or foreign nationals who have participated in this abhorrent trade in human organs.

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I am pleased to table a petition signed by many residents of Ontario regarding the forced harvesting of organs internationally.

The petitioners call on Parliament to pass both Bill C-350 and Bill S-240.