Debates of March 18th, 2003

Assisted Human Reproduction Act

[Some hon. members]

Agreed.

[Jason Kenney, Canadian Alliance, Calgary Southeast, AB]

Madam Speaker, I rise to address the Group No. 2 amendments at report stage of Bill C-13. There are many good amendments in this section that would go a long way toward improving the bill.

In particular, I wish to draw the attention of the House to my own amendment, Motion No. 17, which would have the effect of prohibiting destructive research on human embryos. If my amendment were to be adopted as clause 5(d.1) of the bill it would read, “No person shall knowingly experiment on or harvest an embryo”. This means that no researcher or biotech company could take an embryo, even a so-called spare embryo, and destroy it in the name of science.

This amendment may seem like a radical overhaul of the bill, much of which is concerned with the regulation of this kind of research. I would submit that this amendment would help bring the bill back to its central purpose, which is not to allow the biotech industry unfettered access to genetic material to manipulate but rather to help infertile couples to conceive. There is absolutely no need for this bill to open the door to destructive research on human embryos that would in fact result in the death of living human beings.

Up until now Canada has had a moratorium on the funding of this type of research. If the bill were to pass unamended the signal would go out to companies and laboratories that it is now open season for embryos and for the first time taxpayers' dollars would go toward funding this destructive research. Let us as parliamentarians reject taking this dangerous downward step on the notorious slippery slope of genetic experimentation.

I oppose any embryonic stem cell research that results in the destruction of a human embryo for at least three principal reasons: first, it is unethical; second, it is unnecessary; and third, it would have grave and perhaps unforseeable unintended consequences.

Destroying the human embryo is unethical and immoral because at the most basic level this is deliberate destruction of human life, admittedly nascent human life but human life nevertheless.

I believe that human life is a continuum which extends from conception to death and that the deliberate destruction of innocent human life is an intrinsically evil act. What embryonic stem cell research means, even on spare embryos, is that we take an embryo that has been created as part of an attempt by a couple to conceive a child and decide that this embryo, this tiny male or female human being with a unique genetic identity of its own, is not worthy of life or even of a decent, dignified death, but that it is merely raw material for genetic research, for commodification.

We take other embryos, the brothers or sisters of the one we are researching on, and implant them into the womb of a mother with the hope that they will become children. However, the embryo that is left over we do not treat as human, but as a mere object worthy of nothing but disposal.

Some will object that surely it is absurd to treat an embryo, a tiny clump of cells they would say, that can fit on the head of a pin and treat those cells as a fully human being. I would follow that great moral authority, Dr. Seuss, who in Horton Hears a Who , which many of us who have children or once were children remember, says that a person is a person, no matter how small.

The size of embryos does not matter. They are all human. I submit that is scientifically undeniable. They are the offspring of human parents. They could be of no other species but homo sapiens. Understood either scientifically or philosophically, they are living human beings. Every single one of the 301 members of the House was once an embryo, no bigger than the head of a pin.

As I said in the House last May when we debated this bill at first reading, a human embryo is a living human being. Human life is a continuum and that continuum begins at the moment the ovum is fertilized by the spermatozoa. That moment is the beginning of a unique unrepeatable human life. The question we must ask ourselves in this debate is, what dignity and what worth does that unrepeatable human life have? I suggest that it has an intrinsic dignity and worth that we cannot deny.

Many religions, not only Catholicism and other Christian faiths but Islam, Hinduism, Buddhism and many others, teach that from the moment of conception the physical embryo co-exists with the spiritual soul. But even if we do not believe that all life has the sanctity of a soul, surely we can all agree that human life has at least some intrinsic dignity. We are all part of the human family. We share a common ancestry. We are all brothers and sisters in this human race whether we are athletes or parliamentarians; mentally handicapped people; patients on respirators; tiny, helpless infants; tiny, helpless pre-born infants; or indeed the most nascent human beings, tiny embryos.

If we accept that human life in the laboratory does not enjoy the dignity of our common humanity but can be used as a mere raw material for scientific research driven by multinational biotech companies, then we undermine the dignity of all human life. We diminish the dignity of the severely handicapped, the sick, the elderly, and those who some cultures and political ideologies have taught to be racially inferior. If these living human beings do not have intrinsic worth and dignity, at least in the eyes of some, then what is to prevent them too from being used simply as objects for research. For all of these reasons I believe embryonic stem cell research to be gravely unethical and immoral.

I believe the evidence is overwhelming that this research is unnecessary. There may be some members in this House who do not share my conviction about the absolute dignity and worth of the nascent life of the human embryo, but still feel that it has some dignity and worth, and should not be used and abused arbitrarily in the name of science. That is part of the reason why this bill seeks to limit embryonic stem cell research, to so-called spare embryos left over from attempts at in vitro fertilization. It is why the bill seeks to prohibit the creation of embryos by cloning or other means solely for research purposes.

That is why we have asked the scientific community to justify why it believes it is necessary to use human embryos for its research. That is why we have sought amendments at committee and here at report stage that would require scientists seeking access to embryos created ostensibly for reproductive purposes to make a compelling case as to why they need access for those embryos and why the science to be done with those embryos could not similarly be performed with non-embryonic, that is, adult stem cells, as a moral and ethical alternative, not requiring the destruction of life.

I suggest that this bill does not do enough to ensure that human embryos are only used as a last resort and that there are no other substitutes which can function as well. The evidence has shown to the contrary, that there are almost no cases where it is necessary to use embryonic stem cells for therapeutic purposes. In fact, almost all of the promising research on stem cells to date has involved adult stem cell lines.

I particularly commend my friend opposite from Mississauga South for his compilation of research on this question into an informative booklet which summarizes the overwhelming science on this. I commend him and my colleague from Yellowhead and others for their insightful questioning at the Standing Committee on Health where they drew out of the many expert witnesses the undeniable fact that adult stem cells, non-embryonic stem cells, have furnished much greater and clearer scientific advantages than the putative ones attributed to embryonic stem cells.

Dr. Leon Kass of the University of Chicago, the chairman of the U.S. presidential advisory commission on bioethics and the author of what is probably the leading accessible text on this question Life, Liberty and the Defense of Dignity , has said:

One of the regrettable things about the stem cell discussion, if I may say so, was the hype that the proponents used, taking advantage of desperate people's desires for cures and seeming to promise them cures overnight or just around the corner.

He goes on to say:

But truth to tell we don't even have animal examples of anything remotely resembling a cure for any of these diseases. And this would not have been the first time. Fifteen years ago it was fetal research which was supposed to solve all of these dilemmas and help the lame to walk and the demented to think again. So we've got to be very cautious.

Dr. Kass should make us reflect, do we really need to be destroying embryos, the earliest stage of human life, to develop treatments or are there alternatives? Almost every week it seems there are articles confirming the promise of non-embryonic stem cells and articles saying that research into embryonic stem cells has been disappointing, has not lived up to the expectations and hype of some, a minority in the scientific community.

Adult stem cells have already been used to develop promising therapies for Parkinson's disease, multiple sclerosis, cancer, diabetes and spinal cord injuries. Hundreds of patients have already benefited from these technologies which have no ethical complications and do not involve destroying human life in any way, shape for form.

Meanwhile, how many people have benefited from treatment from embryonic stem cells? Precisely none. Even in lab animals, results with embryonic stem cells have been extremely disappointing. Embryonic stem cells transplanted in animals have caused tumours or have been rejected by their hosts, so there are many dangers that would have to be overcome before we could even dream of human trials using embryonic stem cells, which this bill seeks partially to recognize in statute and which my amendment, Motion No. 17, seeks to prohibit.

Given these results and given the tremendous promise of adult stem cells, surely it makes sense for members of Parliament who have any qualms about the ethics of destroying embryonic human beings to insist that adult stem cells be used exclusively until we have fully exhausted their enormous potential. Adopting my amendment would lead to Canadian science directing itself on this more promising and less ethically troubling path.

Finally, allowing embryonic stem cell research would inevitably bring about unintended consequences. Let us consider just as few. The bill as it now stands would allow research on embryos left over from in vitro fertilization. Once this research is allowed there would be a demand from researchers and companies to participate, to have a piece of the embryonic research action and funding. However, at the same time, improving IVF technology would result in fewer and fewer left over embryos being created.

Therefore, undoubtedly, if we were to allow this research now we would see lobbyists before us in a few short years asking us to open the doors a bit wider to allow the creation of embryos for research purposes or to allow so-called therapeutic cloning. Once we open the door to therapeutic cloning, reproductive cloning is of course a very short step behind.

If we are truly concerned about the possible science fiction consequences of genetic technology of animal-human hybrids, human cloning, or attempts to create a genetic super race, then let us stop higher up the slope and not resist further steps down, steps that could slip beneath us as we slide inexorably toward the brave new world foreseen by Aldous Huxley.

I suggest the natural stopping point is to prohibit any research that would destroy human life. As I have argued, it is unethical, it is unnecessary, and it would have grave unintended consequences.

Many of my colleagues, principally in my party, fought long and hard in committee at the draft report stage when the initial draft legislation was introduced by the previous health minister.

Since Bill C-56, now Bill C-13, was introduced and brought before the health committee, they have also fought vigorously for a three year moratorium as a modest measure to allow the scientific community to fully expend the enormous scientific opportunities and possibilities posed by non-embryonic stem cell research before crossing that moral Rubicon of destroying life for utilitarian purposes. They sought this three year moratorium in motions at committee put forward by my friend from Yellowhead, who has done a yeoman's job on the bill, but unfortunately members of the committee, principally in the government, voted against the moratorium.

That is why I sought this amendment, which is admittedly more restrictive than the stated policy of my party. I bring it forward not as an initiative of my party but of myself, because I submit that for legalizing a practice which involves an ethically questionable and clearly immoral technique of destroying a nascent human life, the onus is on the proponents of that sort of research to demonstrate that the putative benefits of that kind of morally offensive action are significant to society.

And even if they were, let me address this. While I believe that there are actually many supportable provisions in the bill, while I appreciate that many measures of the bill would in fact create legal parameters, where none now exist, on the manipulation of human life for commercial and other purposes, nevertheless, lying at the heart of the bill is a very basic but tremendously profound metaphysical error. The bill reflects a misunderstanding of the nature of man and his dignity. When I say man I mean, of course, the species Homo sapiens.

I submit that my amendment reflects this conviction that every human being, in theological terms as expressed by I think all of the great religions, is created in the image and likeness of God. That is religious language to express what secular Liberals would regard as the notion that every human being possesses an inviolable dignity, a dignity that is not granted by the state, not endowed by a court, not given by majority consent, and not recognized arbitrarily by scientists or even by parents who are in a physical sense the co-creators of that life. However, there resides in that life by the virtue of its very humanity an inviolable, inherent and inalienable dignity. For us in this place to begin to pass legislation which seeks to alienate that inalienable dignity crosses a moral Rubicon, the consequences of which we cannot possibly foresee.

I submit that we must learn from the lessons of the last century, the “century of tears” as some have called it, the most horrific period of which of course was the Nazi regime, which began and ended in an effort to manipulate human life for utilitarian purposes, to seek to improve the quality of life of those fully grown human beings deemed perfect, at the expense of those deemed imperfect.

When the state begins, as we might in this bill if we defeat this amendment, to deem some human lives as possessing that inherent dignity and others without it, others that are subject to this kind of utilitarian experimentation, I submit that we are on a slippery slope to very great danger.

I therefore seek support for my Motion No. 17, which would radically improve--

[The Acting Speaker (Ms. Bakopanos)]

Before we resume debate, I just want to clarify something that was said earlier. There is no precedent in the House for allowing 20 minutes on 10 minute debate. There is the unanimous consent of the House that is requested, but that does not set a precedent. I just want to clarify that in case there was a misunderstanding. The House is its own master. Once unanimous consent is given, then I follow the orders of the House, but there was no precedent set earlier by any other unanimous consent agreement.

Business of the House

[Geoff Regan, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, there have been discussions among the parties, and I believe if you were to seek it you would find unanimous consent for the following motion:

That at 5:30 p.m. this day, when the Speaker puts all necessary questions to dispose of second reading of Bill C-24, the bells to call in the members shall ring for not more than 15 minutes.

[The Acting Speaker (Ms. Bakopanos)]

Is it agreed?

[Some hon. members]

Agreed.

(Motion agreed to)

The House resumed consideration of Bill C-13, an act respecting assisted human reproductive technologies and related research, as reported (with amendments) from the committee, and of the motions in Group No. 2.

Assisted Human Reproduction Act

[Jeannot Castonguay, Liberal, Parliamentary Secretary to the Minister of Health]

Madam Speaker, my remarks will deal specifically with cloning and research, which are very critical to this debate. I think that it is important to look at what we want to accomplish with Bill C-13, which, in fact, does not take half measures in regard to cloning.

Bill C-13 prohibits all human cloning. In fact, it prohibits all types of cloning, be it reproductive or therapeutic. Different types of cloning have been mentioned. Bill C-13 prohibits all cloning methods that could be used to create a human clone. No matter what the objective or the method, this legislation prohibits the creation of a human clone.

I think that we must be extremely clear that human cloning is out of the question, no matter what the method or the reason behind it.

Bill C-13 sends a warning to the Raelians, who were in the news over the holidays. Obviously, they are being sent a very clear message: Canada is opposed to human cloning, no ifs, ands or buts.

Once Bill C-13 is adopted, the government will be able to crack down on any human cloning experiments, which is why it is important for this bill to become law. Currently, these people can pretty much do as they please.

By prohibiting cloning, we are banning any activity involving reproduction or research that would contribute to this objective.

We consciously avoided banning specific cloning methods knowing that if we did, scientists would find other methods for cloning that we would not have anticipated. This would leave the door open for cloning. Once again, this bill prohibits cloning. That is why we did not go into detail to define all the methods. We are simply providing a generic definition and eliminating any possibility of cloning.

Motion No. 40 is superfluous. All cloning methods including somatic cell nuclear transfer—so-called therapeutic cloning—are banned under Bill C-13. I think it is important that this also be very clear.

Furthermore, some of the proposed amendments would have unintended and perhaps harmful consequences. I will give you some very specific examples.

Motion No. 14 would endanger the lives of Canadian women. In fact, without the possibility of creating embryos in order to improve assisted reproduction technologies, women themselves—our wives, sisters, neighbours or friends—will be the research subjects. Do we want to them to be guinea pigs? I think not.

As for Motion No. 23, which would ban transgenesis, this would have the effect of immediately, and permanently, putting an end to the efforts of numerous Canadian researchers and laboratories to develop therapies for the treatment of a number of dread diseases, among them cancer and Alzheimer's. Do we really want to put an end to this promising research? I think not. I think that is absolutely not what we want to do.

Motion No. 26 would ban such things as sperm motility testing. As we know, this test is often able to explain why a couple is infertile. Without that test, the woman is subjected to treatments that have no chance of being successful. Do we want Canadians to be treated needlessly? I do not think Canadians want that.

I repeat, Bill C-23 bans all human cloning, regardless of method or form. It prohibits all human cloning, without exception, as well as protecting the health and safety of Canadian women who wish to use assisted reproduction procedures.

I believe that, regardless of what we are hearing said on all sides, there is no question of allowing human cloning in this country. That is why banning any type of cloning makes it impossible for someone at some point to find a way to get around this, because only certain methodologies have been defined.

Let it be clear to everyone: with Bill C-13, all forms of human cloning will be banned.

[The Acting Speaker (Ms. Bakopanos)]

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker (Ms. Bakopanos)]

The question is on Motion No. 13 in Group No. 2. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[Some hon. members]

No.

[The Acting Speaker (Ms. Bakopanos)]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker (Ms. Bakopanos)]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker (Ms. Bakopanos)]

In my opinion the nays have it.

And more than five members having risen:

[The Acting Speaker (Ms. Bakopanos)]

As agreed to earlier in the House, the recorded division on the motion stands deferred.

The next question is on Motion No. 14. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[Some hon. members]

No.

[The Acting Speaker (Ms. Bakopanos)]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker (Ms. Bakopanos)]

All those opposed will please say nay.

[Some hon. members]

Nay.