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.

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 / 1:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is somewhat of a moot point. I am very disappointed the member for Kingston and the Islands chose to say no to this unanimous consent motion given that the House has unanimously supported this bill in the past, but I have finished my speech.

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.

If the member is able to confirm I am the individual who said no, I would love for him to be able do that, but in the meantime, perhaps he should not suggest it until he is somehow able to confirm it.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.


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The Deputy Speaker Bruce Stanton

I think we heard this earlier today. When yeas and nays are provided in the House, they are general in nature and not necessarily assigned to individual members.

I am going to go back to the hon. member for Sherwood Park—Fort Saskatchewan to finish up his remarks. He has 13 minutes remaining if he wishes to use all of that, and then we will continue in the usual way. It appears as though the hon. member is finished.

We will now go to questions and comments.

The hon. parliamentary secretary to the government House leader.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, my question to the member is related to the request he has asked of the House. Would he agree that what he was attempting to do is best done through House leadership teams, where they can try to see if it is possible to do what he has requested?

For example, would the member support the quick passage of Bill C-30, which is the budget bill, given the implications for the pandemic and supports for Canadians? Would he support such a measure for Bill C-30, Bill C-6, Bill C-10 and Bill C-12?

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.


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The Deputy Speaker Bruce Stanton

It seems that we have lost the hon. member for Sherwood Park—Fort Saskatchewan's signal. We are not sure what happened. Given that we are partway into this, we will have to wait to see if he can get reconnected. We will pick it up at a later time under the debate on the motion before the House.

We will go to the next scheduled member on the list. The hon. member for Humber River—Black Creek.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Mr. Speaker, I appreciate the opportunity to speak on this important issue today, an issue I have cared about for a very long time, as do many members of the House.

Before I do that, what a pleasure it has been to serve with you, Mr. Speaker. You have been kind and constantly pleasant, even if we have been on opposite sides of the discussion. You are always very polite to everyone in the House. In your role as Deputy Speaker, you have done a fine job. I wish you and your lovely wife much happiness in the future as you go into what is called retirement, but I have a feeling it is not really retirement for you.

As I rise today for what will most likely be my last opportunity to speak before we recess for the summer break, I look forward to the opportunity of being back in my riding of Humber River—Black Creek full time this summer. It seems like it has been ages since I have seen my constituents, especially being able to give them a hug and playing bingo with them.

I cannot wait to visit the local community parks, the various seniors groups and, mostly important, to spend some more time with all my family, not just my husband. It has been quite some time since I have had the opportunity to hug my grandchildren, and I know it is similar for you, the Speaker. After recently receiving my second dose, this will mean the world to me.

However, before that happens, I want to take this opportunity to thank all the teams, the clerks and all the people in the team that kept us going forward in the diligent management of this year's House proceedings. It certainly was an extremely difficult time and a real learning experience for many of us. We could not have done our job if everyone had not done such an incredible job. It is amazing what we have accomplished in such difficult times. I thank all of them.

I would also like to thank the House of Commons support staff for their tireless effort in assisting members to operate in a virtual Parliament. The number for IT help is front and centre in my home, by my computer. Like all my colleagues, when things are not working, I have to call the wonderful people in IT for help. I thank all of them.

It was not an easy job, but we all managed to get through it. It is my hope that we will soon see some normalcy in all our lives—

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:45 p.m.


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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Mr. Speaker, we are supposed to be debating Bill S‑204. From what I understand, the Liberals do not want this bill to pass quickly.

It is very nice and all to want to thank everyone, but the member's comments have nothing to do with the subject at hand.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:45 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, on that same point of order, when we come toward the end of a session like this, it is not uncharacteristic for us to allow members a brief opportunity to thank people. She spent half the time thanking you, Mr. Speaker, for the incredible work you have done before departing on your retirement. She was thanking a few members of her staff. She was literally just getting started when the member interrupted her. It was entirely appropriate and we should allow the member to continue now so she can get on with her speech.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:45 p.m.


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The Deputy Speaker Bruce Stanton

I thank the hon. member for Kingston and the Islands and the hon. member for Lac‑Saint‑Jean.

The question of relevance certainly applies to all debates in the House. At the same time, however, there are always members who take the liberty of making a few comments on other matters. I am sure the hon. member for Humber River—Black Creek will quickly come back to the relevant subject before the House.

The hon. member for Humber River—Black Creek.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:45 p.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

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

I very much support Bill S-204.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:50 p.m.


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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, Bill S‑204 would make it a criminal offence for a person to go abroad to receive an organ harvested without consent. This bill combats the horrible practice of forced organ harvesting and trafficking in human organs. I will not get into the bill because everyone agrees that it should be passed.

This bill has already been unanimously passed twice by the Senate and once by the House. Initially it was a Liberal bill introduced by Borys Wrzesnewskyj and Irwin Cotler. The issue today is not about the bill.

The issue is whether the government is committed to doing what it knows is the right thing and will allow the bill to pass or whether it will decide otherwise. If this bill is passed right away then the House could resume debate of the government's budget. The government can either agree to this or spend an hour talking about it, delaying both this bill and its own budget.

Accordingly, I would like to seek the unanimous consent of the House to move the following motion: 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 / 1:55 p.m.


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The Assistant Deputy Speaker Carol Hughes

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

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:55 p.m.


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An hon. member

Nay.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:55 p.m.


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The Deputy Speaker Bruce Stanton

Does the hon. member for Lac-Saint-Jean wish to continue his speech?

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:55 p.m.


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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, unfortunately, I believe it is quite obvious what the Liberals are doing. Afterwards, they will tell us that the opposition was being partisan and playing politics. Quite frankly, that is disappointing today.