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

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Status

Second reading (Senate), as of Dec. 10, 2019
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigratiand 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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:30 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I rise on a matter of privilege. I would ask you to please allow me a brief moment, hopefully only two or three minutes, to emphasize what I believe the Speaker needs to look into.

The issue is this: What is a breach of privilege?

I would like to get a clear understanding that goes beyond what our Standing Orders say because I believe that, at a time when Canadians need Parliament to work to help them through this pandemic, we are seeing an opposition tactic being used that is very toxic in terms of partisanship. The issue is that of privileges and points of orders and to what degree they can be used as a tool to filibuster.

So, without me contributing beyond that, I would be very much interested in a ruling coming from the Speaker's chair. Is there a limit, and how far is too far? I am concerned about the limited amount of time and how privileges are actually being used. As a parliamentarian, I am very much interested in this issue.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:30 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

I thank the hon. parliamentary secretary.

On the face of what he has suggested, it does refer back to my earlier comments. Typically, when a member is posing a question of privilege for the consideration of the Chair, it is on them to present their arguments so the Speaker may decide whether a breach of privilege has indeed occurred. If it has, then a motion is moved and the debate can be taken.

To the hon. parliamentary secretary's question, the amount of time is completely at the discretion of the Speaker. Once he or she has heard enough and are convinced that they have been provided enough information with which to render a decision on the proposition, as has been seen here this afternoon, the limit has been reached and we move on to other business.

The opportunities to raise questions of privilege are an important privilege of hon. members, but they can only interrupt the process of debate and the day's business to the extent that conventions and practices permit, and ultimately, the chair occupant, the Speaker who hears the intervention, decides what that is.

I think we will leave it at that.

The hon. member for Kingston and the Islands.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:30 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I completely agree with you. I would submit further that, as you said, it is a right of members to present their point of privilege, and it is indeed a sacred and very important right, but it is also the responsibility of all members not to abuse that right. From time to time it would be your job to determine if such an abuse is occurring.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

That is indeed correct.

The hon. member for Flamborough—Glanbrook.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Mr. Speaker, in that vein, I am wondering whether the parliamentary secretary actually gave you the requisite notification that he would be raising that point of privilege, which is a concern as well.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

That is a good question, but when the parliamentary secretary initially raised his point of order, I was not too sure whether it was a new question of privilege. Indeed, I received it as, if you will, almost a follow-up intervention with respect the two earlier questions of privilege the House has been involved with.

However, it is a good reminder for hon. members that, if they wish to bring something like that before the House, a one-hour notice is required, and I urge hon. members to do that.

I see that we are six minutes into our time for private members' business, so we will start debate on that now.

We will start with the hon. member for Sherwood Park—Fort Saskatchewan.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, Bill S-204 would make it a criminal offence for a person to go abroad and receive an organ without consent. It fights the horrific practice of forced organ harvesting and trafficking.

I am not going to speak much about the bill because everyone already knows this bill should pass. This bill has already passed the Senate twice and the House once, unanimously. This bill started out as a Liberal bill under Borys Wrzesnewskyj and Irwin Cotler.

The question today is not on the substance of the bill. The question is about whether the government is committed to doing what it knows to be the right thing and allowing this bill to pass, or whether it will prevent the bill from passing. If this bill passes now, then the House can immediately resume consideration of the government's budget, so the government can either support that to happen, or we can spend the hour talking, delaying both this bill and the budget bill.

Therefore, I would like to seek the consent of the House for the following motion. I move that notwithstanding any Standing Order, special order or usual practice of the House, at the conclusion of today's debate on Bill S-204, the bill be deemed to have been read a second time and referred to a committee of the whole, deemed considered in a committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

All those opposed to the hon. member moving the motion will please say nay.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Some hon. members

Nay.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

There is not unanimous consent.

Resuming debate. The hon. member for Sherwood Park—Fort Saskatchewan.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it was disappointing to hear the no from—

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

Just one moment, there is a point of order from the hon. member for Kingston and the Islands.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I rise on a point of order.

I believe after someone puts forward a motion in the middle of their speech, they do not get to continue speaking after. I think the proper rule would be to go to the next speaker, would it not?

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:35 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

In the normal context, yes. Given that the motion was proposed in such a way that it would be acted upon at the end of today's debate, the expectation is that it would go the full hour, and members who are scheduled for debate would participate in it. In the normal course, a motion, for example, an amendment, would be proposed at the end of one's speech. If the amendment carries at that point, the debate would then continue on the amendment, and the member would have used all their time to do that.

In this particular case, because the proposition was to essentially take effect at the end of the hour, I will accept that the members would normally have their time remaining for their remarks.

Did the hon. member for Sherwood Park—Fort Saskatchewan want to add to that point of order, or would he like to pick it up from here?