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.

[The Chair, Mr. Michael Levitt (York Centre, Lib.)]

I'm calling to order this meeting of the Standing Committee on Foreign Affairs and International Development.

I want to thank members for making themselves available this afternoon, on what we consider a very pressing issue. We're going to be dealing with the clause-by-clause consideration, pursuant to the order of reference on Monday, September 10, 2018, of Bill S-240, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

With that, we're going to move to clause-by-clause consideration.

(Clause 1 agreed to)

(On clause 2)

MP Wrzesnewskyj, I believe we have several items to discuss here. Please proceed.

[Tracey Ramsey]

The word “consent” is used in various sections of the Criminal Code, without being defined. I wonder if you can speak to the importance of the Senate adding the definition of informed consent in S-240.

[Tracey Ramsey]

Thank you, Mr. Matas, for being here via teleconference.

I have a couple of questions for you about whether or not the offences created in S-240 are already covered by the Criminal Code in section 279.01 and subsection 279.04(3).

Could you speak to why that may or may not be?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

It seems that the main reason for organ harvesting and trafficking is the lack of legal donors out there. I'm an advocate of living, legal donors, whether for tissues or for organs.

S-240 can really assist with the demand for organs by explicitly prohibiting organ trafficking and creating consequences for those who attempt to commit these acts. Do you believe, in this instance, that the Government of Canada could make a meaningful difference by working with the provinces to address the supply side as well, through a national organ registry, as has been presented before by me under C-223, and further, from two other members?

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

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

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

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Good morning.

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

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

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

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

[The Chair, Mr. Michael Levitt (York Centre, Lib.)]

Good morning everyone.

I would like to call to order this meeting of the House of Commons Standing Committee on Foreign Affairs and International Development.

We are meeting here this morning on Bill S-240, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

We have the sponsor in the House of this bill, MP Garnett Genuis, who is going to be providing us with some testimony, and then we'll be hearing some questions from members. Given that there is a lot of interest in this bill in the room, why don't we let MP Genuis get right on with his testimony? Then we can open it up to the floor.

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 on organ harvesting and trafficking. This bill will be considered at the foreign affairs committee tomorrow morning.

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

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

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

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

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

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

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

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

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

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

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

Mr. Speaker, I am very pleased to table a petition signed by a number of residents of Ontario, calling on the government for the speedy passage of Bill S-240, which is now here in the House of Commons. It deals with the very serious issue of the trafficking of human organs and would make it a criminal offence to go abroad to obtain an organ that has not been legally acquired.

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

Mr. Speaker, I would like to table a petition in support of Bill S-240 on organ harvesting, which is currently before the foreign affairs committee.

[Kelly McCauley, Conservative, Edmonton West, AB]

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

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