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

December 5th, 2022 / 11:20 a.m.
See context

Liberal

Sameer Zuberi Liberal Pierrefonds—Dollard, QC

Madam Speaker, I would like to start by thanking the member for Sherwood Park—Fort Saskatchewan.

I also want to thank Senator Ataullahjan, who has created this conversation within our House, the lower house, the House of Commons.

This Senate bill, Bill S-223, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), is a critical piece of legislation that would help us address a grave and serious human rights concern. It is new legislation that adds to an existing body of law, which addresses criminality but not with respect to organ harvesting outside of Canada's territory.

I want to acknowledge our collective commitment to ensuring that these important reforms become law. This is a commitment from all members of the House, from what I can see. The important and beautiful thing about this legislation and discussing it is we are focused on the public good, putting aside our partisan squabbles to promote what is right and just.

First, I would like to review the history of the legislative reform proposed in this bill.

The issue of organ trafficking has been before Parliament for a decade. Prior to Bill S‑223, there were two Senate public bills that proposed nearly identical reforms. They were Bill S‑240, introduced in 2017, and Bill S‑204, introduced in 2020. In addition, two private member's bills introduced in 2017 and 2013 proposed similar reforms. They were Bill C‑350 and Bill C‑561. We all agree that organ trafficking is a heinous crime. It requires a legislative response.

As I said earlier, this piece of legislation would create something new within the Criminal Code that speaks specifically to the trafficking of organs extraterritorially, or outside the territory of Canada. Additionally, it would amend the Immigration and Refugee Protection Act so those who are seeking to reside permanently in Canada or foreign nationals would be inadmissible to our beautiful country for engaging in conduct that constitutes one of the offences proposed in this legislation. These offences target anybody who obtains organs, or who participates in or facilitates the trafficking of organs, from a person who did not provide informed consent. This legislation also seeks to target those who obtained organs that are purchased and those who participate in or facilitate the transfer of purchased organs.

These are coercive practices. They are difficult to prove, but we want to send a clear and strong signal that we as a country do not accept them.

Unfortunately, we know that people who are wealthier unwittingly or sometimes wittingly engage in this practice. Those who are victims of this practice are almost always deeply vulnerable. The transplant of organs without consent is abhorrent. Oftentimes, it leads to devastating impacts on those who had their organs trafficked. They are uncompensated, they live with lifelong problems and they sometimes die.

The member for Sherwood Park—Fort Saskatchewan and I participated in an important study on the Uighur people. This was over two years ago at the parliamentary subcommittee on international human rights.

We heard testimony from a survivor of the concentration camps within Xinjiang Uighur Autonomous Region. He recounted to us, in testimony, how he was apprehended. He was asked to sign a forced confession and refused to do so. He was medically examined to such an extent that he thought he would be dissected on that table, that his eyes were going to be removed or that his organs were going to be harvested on the spot during the examination.

This piece of legislation seeks to target any behaviour that harvests organs from people.

I recognize that the Criminal Code may apply currently to some of the conduct that this bill is seeking to legislate. Right now, the Criminal Code has assault offences that apply when organs are harvested here in Canada with coercion. This piece of legislation, as I mentioned earlier, also looks at what happens outside of Canada.

Right now, there is no international covenant from the UN that speaks specifically to organ harvesting in its essence as the main thrust of the covenant. However, there are two covenants that do touch upon organ harvesting, and Canada is party to both of these UN instruments. The first is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This supplements the United Nations Convention against Transnational Organized Crime, which was ratified on May 13, 2002.

After this first piece of international law came the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This protocol addresses offering, delivering and accepting a child for the purposes of transferring children's organs, particularly article 3. This was ratified on September 14, 2005.

The Council of Europe Convention against Trafficking in Human Organs, adopted in 2014, also speaks directly to organ harvesting.

I will conclude by recognizing the important work that has been done around this, in particular by David Kilgour and David Matas. They have done extensive research around Falun Gong or Falun Dafa practitioners and have dedicated years to highlighting this particular issue around organ harvesting.

We know that David Kilgour served in the House for many years with the Liberal Party and the Conservative Party. He was a person of conviction. He was a person who continued to remain active after serving the House. He was somebody I crossed paths with before entering the House. I remember this gentleman as a sincere person who advocated for the public good and for human rights.

It is important to also mark David Matas, who along with David Kilgour conducted extensive research. It allowed us to build a body of evidence that proved not only anecdotally but also empirically that this is an abhorrent phenomenon occurring right now.

Recently, in the Subcommittee on International Human Rights, we heard how this is currently happening to the Uighur people. In the airports in Xinjiang Uighur Autonomous Region, in Urumqi, if my memory serves me correctly, there were lines on the floor as one entered the airport that specifically demarcated where one could pick up organs. This is abhorrent. This type of practice must stop. This practice might exist currently within a region of the world that we know, but this legislation applies across the board.

November 16th, 2022 / 5:25 p.m.
See context

Bloc

Stéphane Bergeron Bloc Montarville, QC

Thank you, Mr. Chair. I was wondering if my turn would come at some point today.

I am very happy to be part of this exchange.

I thank the witnesses for joining us today to discuss this bill.

I would like, first of all, to discuss the procedural aspect that Mr. Genuis mentioned. I must say that I am sensitive to the point he made that it was already 15 years ago that this Parliament, and not just this legislature, was considering a law to prohibit organ trafficking.

In light of what we have seen in relation to what is happening in Xinjiang, it is clear that we cannot stand by and do nothing.

On the other hand, I must say that I feel a certain discomfort at the idea of assuming that, in this Parliament, we are at exactly the same point as we were in the previous Parliament and that, consequently, we must eliminate the clause-by-clause study of Bill S‑223, on the pretext that the exercise has already been carried out in a previous Parliament. I confess to some discomfort with this idea, especially as it is not entirely accurate to say that the bill is 100% identical to the previous one and that there is no difference between the two.

I'll give you an example, and it was our analysts who submitted it. The summary of Bill S‑204 stated that the proposed amendments to the Immigration and Refugee Protection Act gave the Minister of Citizenship and Immigration the power to remove and declare inadmissible to Canada a permanent resident or foreign national who engaged in activities related to human organ trafficking. According to the summary of the current bill, Bill S‑223, this power is now vested in the appropriate minister.

Why did we go from a power vested in the Minister of Citizenship and Immigration in Bill S‑204 to a power vested in the appropriate minister in Bill S‑223, if the two bills are identical?

Criminal CodePrivate Members' Business

May 13th, 2022 / 1:30 p.m.
See context

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, I have to admit that I am somewhat surprised that my colleagues' speeches are so short.

I will jump right in and say that the Bloc Québécois supports Bill S‑223, the former Bill S‑204, which should have passed in the last Parliament.

Bill S‑223 explicitly makes it a crime to travel abroad to receive a transplanted organ that was removed without free and informed consent and obtained for consideration. Put simply, it prohibits individuals from engaging in a practice abroad that is prohibited in Canada.

The Criminal Code prohibits the exploitation of individuals, which includes organ and tissue harvesting. This bill provides an additional tool to thwart criminal groups and to combat organ trafficking, which speaks to the social and economic inequalities that still exist on this planet.

The Bloc Québécois hopes that Bill S‑223 will be passed quickly, as the former bill was.

Human Organ TraffickingPetitionsRoutine Proceedings

December 6th, 2021 / 3:50 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the final petition I am tabling today is with respect to Bill S-223. The bill has had a number of different names and numbers. It is the bill that seeks to make it a criminal offence for a person to go abroad and receive an organ taken without consent. The bill has been in the works for over 15 years, trying to address forced organ harvesting and trafficking. It has been put forward in every Parliament I have been a part of, under Bills S-240 and S-204. Now it has been retabled in the Senate as S-223, and I am hoping against hope that this Parliament will finally be the one that gets it done.

I commend all these petitions to the consideration of hon. members.

Parliament of Canada ActPrivate Members' Business

June 22nd, 2021 / 6:30 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure to rise in the House today to speak in support of Bill S-205 and to affirm the importance of the arts for our national life and indeed for all people throughout all time in history. The appreciation of beautiful things and the enjoyment of them is fundamental to the human condition. It is part of what elevates our minds and develops our thoughts and creates space for our greater understanding of goodness and of truth, in unity with beauty.

I was thinking of jumping-off points for talking about this issue. I was reminded that in the Catholic tradition, today is the feast of St. Thomas More. St. Thomas More is known better for some things than for others, although he was a composite figure known for his many different contributions to politics as well as to literature. He is best known for how his career ended: He was executed for refusing to endorse the king's marriage. He did so on a point of principle and a point of conscience. Regardless of whether members agree with the particular stand he took, we can all admire the courage of a politician who takes a stand on a principle and understands that the things they believe in are more important than their career or even their life.

St. Thomas More was also a great humanist. He talked about justice. He talked about human dignity and spoke explicitly about the connection between the ill treatment of people and crime. His writings and comments on those subjects have been sources of inspiration and content for people across the political spectrum. Particularly on the artistic side, he was someone who was able to develop ideas and present political points, indirectly perhaps, in the form of beautiful literary compositions.

If members have not read it, I encourage all to read Utopia. This is where we get the concept of utopia as sort of a political construct. He wrote this relatively short book, Utopia, in which he imagined a voyage to a faraway country called Utopia, and he describes in detail the characteristics, the modes of interaction and the beliefs of this fictitious people. Of course, he was living at a time when it was difficult to make certain kinds of political points directly. As his later career demonstrated, if one believed in certain things and expressed those opinions, there could be very dire consequences, not just in today's sense of people being cancelled but of actually being cancelled.

He spoke about certain ideas and raised certain questions through this description of an imaginary society that operated according to different norms and different rules. There were many questions at the time, and there still are, about what he really meant in many aspects of this book. Was he describing an ideal society? On the other hand, there were things about that society that seemed to be different from things that he defended and advocated as a politician. Maybe he was not describing an ideal society; maybe he was simply trying to expand the creative imagination. He was trying to give flower to possibilities by creating a space in which it was acceptable to think about things that would have been seen as maybe too subversive if he had been commenting directly on norms or policies in his own country.

I think what Utopia demonstrates is the beginning of the tradition of trying to subvert established ideas through the subtlety that is possible through art when it is is maybe harder to present those alternative concepts directly. There has since been this whole genre of utopian or dystopian literature, with dystopia, obviously, being the inverse of a utopia. There are many great modern works that pick up on this tradition and use this device of imagining another place, another time, another context to subtly comment on our current realities. Some of the works of Margaret Atwood, of course, are famous in this regard, such as The Handmaid's Tale. The Children of Men is another great dystopian novel that I have read recently, and I think it has a great deal of value in it.

The point I am trying to make is that art has value in and of itself. It is also a vehicle by which questions can be raised and thoughts can be provoked that are not as obvious, not as directly accessible through explicit political speech, and, indeed, possibilities can be opened that are unexamined otherwise or harder to argue for directly.

That can be the case perhaps because of direct repercussions for those who propose contrary ideas, but that can also be the case simply because certain concepts are so out of the mould that it is hard to envision what they would imply unless they are actually described in a more literary format. Thomas Moore is one example of someone who successfully provoked the creative imagination through art and literature.

We can see the value in Parliament creating this position of a visual artist laureate as appreciating our artists, as affirming the value of arts as a mechanism by which Parliament uses its position, its leadership role within the country to affirm the importance of the arts. However, it is also an opportunity to recognize, in our national life, so many of the conversations we have about the big challenging issues facing our country. Questions of justice, questions of human rights and questions of how we behave and respond to certain challenges can be proposed and shaped through art.

With that in mind, I am very supportive of the bill. It is one of many private members' bills before the House, some of which have come from the Senate, that do have great value and that Conservatives are pleased to support. From what I understand, Bill S-205, like Bill S-204, which we were speaking to last week, had the unanimous support of all senators. Like Bill S-204, it also has a great deal of support in the House. By all indication, I think all members will be supportive of the valuable provisions contained in that bill. It is one of those things hopefully parliamentarians can work together on across different important private members' bills as well as across different chambers to move these things forward.

In the context of the legislative timeline we have in front of us, unfortunately it looks like the Prime Minister is trying to malign the work of Parliament to create the impression that Parliament is not working. The reality is that this Parliament has worked substantially to move certain important issues forward; it just has not always worked in a way the government has liked.

One example the sponsor of this bill will be familiar with is the work being done at the Canada-China committee, a committee that was created even though the government did not want it created, a committee that undertook important studies, did important work on the situation in Hong Kong, a committee that has been part of discussions that have happened at other committees as well on recognizing the Uighur genocide, something that happened through the leadership of Parliament and not through the leadership of the government. Now we have a situation of Parliament asserting its rights to access documents. These are important cases of the leadership of this Parliament.

If the Prime Minister is critiquing Parliament, it has less to do with the fact Parliament is not working and more to do with the fact that, from his perspective, Parliament is working too well. Parliament is doing things the government may not like, but nonetheless Parliament has been able to lead, oftentimes through the collaboration of opposition parties and sometimes working with individual members of the government as well.

Nonetheless, we are in the situation now as we approach the end of the spring session where it looks very much like the Prime Minister, in trying to malign the work of Parliament, is trying to position himself to justify calling an election. If that happens, of course, it will put important legislative initiatives that have not yet passed in jeopardy.

We should reflect on the fact that as we possibly come to the end of the spring session, in some cases, we have bills that have been passed in the Senate and are now in the House. If the House could find a way of dealing with them, it would allow us to move forward ahead of the spring session so those bills could become law.

As I have described, this is important legislation. It recognizes the profound role that arts play in our national life, the profound role of beauty in the human experience and also the role arts can play in provoking questions and ideas that might not get discussed otherwise.

Human Organ TraffickingPetitionsRoutine Proceedings

June 21st, 2021 / 5:50 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the next petition I am tabling is in support of Bill S-204, a bill that would make it a criminal offence for a person to go abroad and receive an organ without consent. This bill was debated on Friday. Unfortunately, we did not have the support of the government to expedite it at that time, but hopefully that support will be forthcoming very soon. Petitioners want to see this Parliament be the one that gets Bill S-204 passed.

Budget Implementation Act, 2021, No. 1Government Orders

June 18th, 2021 / 3:50 p.m.
See context

Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, I can tell this member is a little sheepish right now because he did not realize that, during the debate on Bill S-204, the Liberals were filibustering their own budget bill. If they actually had knowledge of the parliamentary process, they would have realized that passing that bill unanimously would have let us vote on their budget bill this afternoon, but they are so incompetent, they did not realize they were filibustering their own budget bill.

It is really unbelievable.

Criminal CodePrivate Members' Business

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

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 / 2:35 p.m.
See context

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 / 2:10 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I am very pleased to rise to speak to this bill today. Before I do that, I want to address some of the observations I have had from the debate so far today.

The member for Sherwood Park—Fort Saskatchewan took the floor, introduced the subject, talked a little about it and then said he wanted to move that we vote on it. If a minister had brought forward a bill, even a bill that he or she knew the House would definitely support, can members imagine the outrage that would have come from the member for Sherwood Park—Fort Saskatchewan, in particular? It has happened on a number of occasions.

That is what this is about. This is about letting all members have the opportunity to speak to these very important pieces of legislation.

To my colleague from the Bloc, I cannot remember his riding, but I am pretty sure that when he was speaking, his famous father was actually in the background of his shot at one point, which I thought was pretty cool by the way. I would say the same thing to him. The Bloc had an opportunity to speak to this. The member had an opportunity to speak to this. Then he tried to move the same motion again.

I am more concerned about why opposition parties seem not to want to allow Liberal government members to speak to this. The member for Courtenay—Alberni, with all due respect, spoke for almost a full 10 minutes, and then shamed other people for wanting to speak. His party has 24 seats in the House, and he occupied a full 10 minutes of the 60 minutes of debate.

I find it very troubling when, especially on the motion that we are talking about, someone could come forward and say, “Here are all my thoughts. Now let us vote.” To the member for Sherwood Park—Fort Saskatchewan, the manner in which he clearly went about doing this and getting this legislation to be voted on very quickly, perhaps the opposition could have picked somebody to run that exercise who could have perhaps shown more diligence or respect for the process? They could work with parties, talk to the parties beforehand and say, “This is what we want to do. Would you consider asking your members to limit how much they speak so we could do this? Is that a possibility? If not, are there other concessions we could make?”

We could have had a discussion and tried to negotiate. I had my speech ready to go here when I found out I might not have the opportunity to speak to this. I just think that if the opposition was genuine in really wanting this to pass, and we have seen it before, it would have used resources differently. It is almost as though they wanted this reaction from the government, so that it could say, “See? This is such a great bill and nobody else wants it to pass.”

I am very happy with the work that this bill has gone through, both in this House and in the other place, and that it is back before the House. If we do not specifically wrap it up now, we will have an opportunity to continue it in the fall. It is important. Now I want to turn to my prepared notes because I know I will run out of time if I do not.

Bill S-204 proposes a number of reforms that would target trafficking in human organs. We know that trafficking in human organs is a transnational, global challenge. This heinous crime involves the exploitation of the poor and vulnerable living in under-resourced developing countries. International estimates indicate that organ trafficking nets between $600 million and $1.2 billion U.S. annually in illegal profits.

Generally, wealthier individuals, often from developed countries, drive demand for organs, and the supply of organs usually comes from developing regions of South America, Asia, Africa, India and China. Bill S-204 seeks to end organ trafficking by creating organ trafficking-specific indictable Criminal Code offences. The bill's proposed offences would prohibit obtaining an organ or otherwise taking part in the removal of an organ without the informed consent of the person from whom it was being removed. These offences criminalize organ trafficking-related conduct when there is evidence that organs were extracted through this coercive process.

The bill would also create an indictable Criminal Code offence that would prohibit obtaining an organ, or otherwise taking part in the removal of an organ that is obtained for financial consideration. This transactional offence would criminalize organ trafficking-related conduct where there is evidence that organs were purchased.

Furthermore, the bill would ensure that Canadians and permanent residents of Canada were not able to escape criminal liability by going abroad to commit these offences. We have heard why it is so important that it be part of this. I listened to what the member for Sherwood Park—Fort Saskatchewan said at the beginning. Based on his comments, this is why that is so important.

The bill would achieve this goal by enabling Canadian prosecution of Canadians and permanent residents of Canada who commit any of the proposed offences abroad. This reform, together with the bill's financial transaction offences, criminalizes transplant tourism, which involves buying organs abroad.

The bill would also create a new category of inadmissibility to Canada for foreign nationals and permanent residents who engage in organ trafficking conduct. Specifically, it would amend the Immigration and Refugee Protection Act to make those who engage in the conduct prohibited by this bill inadmissible under the provisions that apply when foreign nationals and permanent residents have violated human or international rights, for example by committing war crimes or crimes against humanity.

Vulnerable people who have organs extracted coercively or who sell their organs out of financial desperation deserve the protection of criminal law. As I have explained, these are reforms that would achieve that goal by creating specific organ trafficking Criminal Code offences that apply extraterritorially.

Currently, the Criminal Code prohibits conduct related to coercive organ removal through its human trafficking offences, which apply extraterritorially, and its assault offences, which do not. However, this can be difficult to prove, particularly when a person is coerced into doing this overseas or is led overseas to do it.

The bill's financial transaction offence would provide extra protection for the vulnerable by criminalizing anyone engaged in conduct that involves the commercialization of organs. This includes those who extract organs for profit, those who facilitate the extraction of organs for profit and those who buy organs for their own use regardless of evidence of these practices taking place. The offence would address the demand that fuels organ trafficking. There is no doubt that organ trafficking is a serious global problem that harms the most vulnerable. It is a problem that requires a comprehensive and effective response.

In Canada, organ transplantation is governed by a legislative framework that encompasses both health and criminal law. Provincial and territorial human tissue gift statutes regulate organ donation. They contain regulatory offences that prohibit the sale, purchase or dealing in any human tissues or organs outside the applicable regulated framework. The applicable provincial and territorial legal framework has never allowed for the commercialization of organs, but these regulatory measures do not apply extraterritorially.

Ongoing efforts to increase legitimate organ donation in Canada complement these reforms. Since 2018, Health Canada has been leading an initiative called the organ donation and transplantation collaborative with provinces and territories, Canadian Blood Services, patients, families, clinical and administrative stakeholders, and researchers. The collaborative's goal is to achieve organ donation improvements that result in better patient outcomes and increase the number and quality of successful transplantations.

As I have indicated, we need to protect the vulnerable against those who are engaging in criminal activity, particularly those who are subject to that criminal activity. We need to protect those who might be interested in selling an organ out of financial hardship. A motion such as this that comes through both Houses, here and the other place, will truly assist in making this activity much more challenging for those who want to do it illegally.

Criminal CodePrivate Members' Business

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

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, it is an honour to rise in support of Bill S-204. The bill would prevent the illegal harvesting and trafficking of human organs, penalize Canadians who participate in or facilitate the illegal black market for organ harvesting and deter people from getting involved in this immoral and unregulated industry that is loaded with illegal businesses. This illicit and illegal organ-harvesting industry is hurting vulnerable people across the world. A global shortage of organs has driven this illegal industry, which relies on low-income populations as donors and wealthy foreigners as recipients. It is illegal and immoral. It is an industry that preys on some of the most vulnerable people across the world. We have to recognize that this demand is fed by wealthier nations and individuals.

According to experts, the illicit trafficking of organs on the black market has grown exponentially as demand has grown and supply has become more limited. Who are the victims of this illicit trade? As is mostly the case with the trafficking of organs, they tend to be the poor, who are vulnerable and exposed to exploitation. They are commonly refugees living in terrible and unsafe conditions. They are often told they will get large sums of money or released from debt. Specifically in the case of kidneys, the most commonly harvested organ from living donors, recruiters will even tell victims that the kidneys will grow back. These victims are desperate and seen as easy prey for exploitation.

The perpetrators who are often implicit in the trafficking of organs include a wide array of people, from the recruiters who identify the vulnerable victims, the transporters, the staff working at the clinic or hospital, the medical professionals who carry out the surgery and the wealthy westerners who buy these organs. There is a whole chain of people who end up profiting from this horrific crime.

Just over the border in the United States, over 114,000 people are on the organ waiting list with a new person added every 10 minutes. The World Health Organization estimates that 10,000 kidneys are traded on the black market worldwide annually. That is more than one every hour. We just cannot go on like this. It is completely unacceptable and we as members of Parliament have to do something about it. This is the fourth—

Criminal CodePrivate Members' Business

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

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 / 1:45 p.m.
See context

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 / 1:35 p.m.
See context

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 / 1:30 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB