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 / 2:25 p.m.


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Liberal

Adam Vaughan Liberal Spadina—Fort York, ON

Madam Speaker, that was an excellent impression of the horse's end that I think the member was speaking to.

At any rate, the issue I am talking about now is the issue of organ harvesting, which happens primarily because our own organ donation system is not working. In fact, the city of Toronto has the lowest enrolment of organ donors of any other municipality in the country. We have worked very hard as city councillors and as elected federal and provincial politicians to reverse that. It is a public education campaign; it is a change in the system by which people register; it is a whole series of processes that must be addressed to take away the demand for this unspeakable activity, which we hope to make illegal through this bill. We have to do better on organ donations in this country if we are going to contribute to the eradication of this horrible practice that sees people leaving the country to attain organs in a way that is unbelievably horrendous and hard to describe in simple terms.

Part of the bill also requires us, as politicians, to think about the public education campaign part of this and to relieve the anxiety and desperation of Canadians across the country who are seeking to achieve full health through the miracles of modern medicine. We also have to make sure that we remove barriers for people who do want to donate, and make sure that for those who have signed up to give the gift of life, the process becomes easier and is facilitated in a way that would alleviate the pressure on people to go looking in the dark corners of the globe to do what they have to do.

As well, the research and the work done by many community activists and leaders to highlight where some of these terrible practices emanate from have to be broadened. We tend to focus in, because of the work of a particular organization, on one particular part of the world, but this is a global phenomenon that requires us to understand it in a more complex way and to do the research and the public education so that Canadians do not unwittingly take part in what they think is a legitimate operation and end up contributing to the harm that is being done to so many people around the world. This is also part of the work that has to be done.

It is not addressed in the bill, but perhaps there are ways, through committee, that it can be enhanced and developed, and perhaps it can be tied [Technical difficulty—Editor] in this country and make them more efficient and more humane. I think that is part of the process and part of the reason many of us want to speak to the bill in a way that generates a much stronger and much more important piece of legislation.

However, if we pass the bill on to the other House, if it goes through the parliamentary process and gets voted on, and I believe all parties have indicated support for it, then we will also need those parties in this House that have caucus members who sit in the other place, because we need the other House to also prioritize the bill in the way that has been spoken to today by several opposition members. It is not good enough for political parties to just stand in one chamber and say they want speedy passage, if they know in the back of their mind that in the other chamber their colleagues, their caucus members, their political movement, will do everything they can to frustrate every other piece of legislation that is coming through the parliamentary process. We need some consistency out of the Conservatives on the bill and we need some co-operation, which is the last point I would like to bring to this debate today.

All the processes and all the legislative agendas that collide in the House of Commons, such as measures brought forward by the government, by private members and by political parties in this House [Technical difficulty—Editor] slowing down legislation, but how little they contribute to speeding up legislation. We have had some good examples when there has been consensus on some critical pieces of legislation. The situation around UNDRIP is a perfect example where, quite clearly, the tenor of the House changed. As people thought more deeply about the information and the circumstance, they realized that some of the good legislation proposed by our government required immediate passage, and I think we saw some progress on bills like that.

I also think back to last week, when an opposition motion designed to blow up the national housing strategy was presented, and all opposition parties sided against the government. I find it ironic that, as they sought to destroy the national housing strategy, including the rapid housing initiative, the right to housing, the work on the co-investment fund, and the work being done in building housing in every riding, in every part of this country from coast to coast to coast, no sooner had members of the opposition voted to destroy the national housing strategy that they called up the parliamentary secretary to the minister in charge of CMHC and asked if we could fast-track some of the projects in their ridings, because they want to get the work done and they know how critical the job is.

If members are going to talk out of both sides of their mouths, they should try to be consistent. They should not try to destroy the program and try to acquire access to the program simultaneously. They should be honest about their approach here. I think that it is incumbent upon all of us to do that, to find a co-operative way forward, to work across party lines to achieve on issues that need to be achieved on and not to play these sorts of games where they deflect and present false arguments, when things are clearly in need of speedy passage.

I look forward—

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, the hon. member's time is up, so I will go to resuming debate with the hon. member for Surrey Centre, and I will advise him that he only has about two minutes to begin his debate.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I rise on a point of order.

I would like to seek the consent of the House for a motion that would allow every member, who so wishes, to speak and still expedite passage of this bill.

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, the House shall sit beyond the ordinary hour of daily adjournment to consider and dispose of Bill S-204 as follows: the member currently speaking, as well as all members of the government caucus may speak for not more than 10 minutes on the second reading motion; and when every member of the government has spoken or when no member rises to speak, whichever is earlier, Bill S-204 shall be deemed to have been read a second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed. When Bill S-204 has been read a third time and passed, the House shall adjourn to the next sitting day.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

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

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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An hon. member

Nay.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I rise on a point of order.

Normally, when somebody seeks unanimous consent, it implies, and it is quite often why we start off that unanimous consent statement by saying such, that discussions have happened among the parties. Discussions did not happen among the parties before we heard this motion. The member needs to have those discussions, and I would encourage him to do that.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

On that point of order, I would say that was just a point of clarification on the point of order. That is something I would normally say if there was debate on the point of order.

Therefore, the hon. member for Surrey Centre has two minutes, and then I will interrupt the proceedings to move on to the orders of the day.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:35 p.m.


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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Madam Speaker, I am pleased to join the second reading debate on Bill S-204, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), which came to us on May 10, after having passed in the other place.

This important bill proposes to protect vulnerable persons who have organs extracted through exploitation of their vulnerabilities by creating new Criminal Code offences targeting organ trafficking-related conduct that would apply extra-territorially, including a financial transaction offence that would criminalize transplant tourism, a practice that involves purchasing organs abroad, usually in under-resourced countries; and amending the Immigration and Refugee Protection Act to make foreign nationals or permanent residents of Canada who engage in conduct that would constitute an offence under one of the bill's proposed organ trafficking offences be inadmissible to Canada for having violated human or international rights.

International research indicates that traffickers may coerce vulnerable victims into giving up an organ and that organ donors often come from less wealthy nations. That is why organ trafficking affects certain populations disproportionately. Patients from wealthy countries travel abroad to obtain organs from donors in impoverished countries who may suffer from desperate poverty and may feel the need to sell their organs out of financial desperation.

Donors may also be deceived by traffickers into trading their organs for money that may not be paid at the end of the surgery. This exploitation of extreme poverty in certain parts of the world, for example in North Africa, South and Southeast Asia, and Central America, drives organ trafficking.

In addition to the abuses I have just noted, the United Nations Office on Drugs and Crime reports that “In cases of trafficking in persons for organ removal, victims may be recruited through deception, [and may not be] fully informed as to the nature of the procedure, the recovery and the impact—”

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:40 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry. The hon. member will have eight minutes the next time this matter is before the House.

The time provided for the consideration of Private Members' Business has now expired. The order is dropped to the bottom of the order of precedence on the Order Paper.