Mr. Speaker, as we enter into this next stage of the debate on Bill C-13, specifically Group No. 3 amendments, I want to highlight several important issues.
The debate is a very important one. Frankly, I have been somewhat disappointed with the importance this issue has had in the past for Canadians all across the country and has sparked such little interest among the majority of members in the Chamber, for this debate will set the future for reproductive technology.
Yes, legislation can be changed but realistically how often does it ever happen? We just need to look perhaps at the most flawed legislation in Canadian history, the Indian Act. It is over 135 years old and the only changes to it over all that period of time have been relatively minor.
Yes, there are proposed changes before the House now on Bill C-13 but they are a long way from completion and yet the known problems have been in place since even before the legislation was drafted.
As the elected members of Parliament we have a responsibility to truly debate the issues of the day. Bill C-13 has strong science, health and moral implications within it. It is an arm of science that has been moving so incredibly quickly that I predict that there are many issues that we have not even considered at this time.
These issues will exist, not out of ignorance but simply because the technology of what we cannot do or even contemplate today will have the potential of changing for tomorrow. Let us not trap ourselves in a legislative box that we cannot get out of and adequately deal with in the future.
Therefore, I urge all members of the House to carefully consider the amendments and look to the future. As elected officials we are chosen by our constituents to represent them and to provide leadership here in this place.
I wish to speak specifically to this group of amendments and then make some closing comments on Bill C-13 at this time.
I will be opposing Motion No. 28 which deletes prohibitions on surrogacy in order that the prohibitions can be dealt with in the regulations. Unfortunately, the regulations are lost from the scope of Parliament. Yes, they are published and there is a procedure for the public to table support or opposition to them, but the fact is that they are not debated in Parliament. I cannot, therefore, support the notion that surrogate mothers should receive some form of compensation.
I note that the health committee report “Building Families” was united in wanting to end commercial surrogacy. It may seem altruistic but I do not support the premise of payment for children. These same principles apply to Motions Nos. 29 and 30.
While on the issue of surrogacy I would like to voice my opposition also to Motion No. 46 which would allow exceptions on prohibitions on procuring a surrogate, arranging a surrogacy and inducing a female to become a surrogate, namely, “except in accordance with the regulations”. As I have mentioned previously, I oppose leaving controls on commercial surrogacy to the regulations, for Parliament is the best place to have these debates and make these decisions.
Likewise, I oppose Motion No. 49. Opening the door to payment for gametes or in vitro embryos by leaving this to the regulations is not the correct way to proceed on this issue.
I must also oppose the motion to open the door to compensation to surrogates for work related loss of income as proposed under Motions Nos. 51 and 95. The health committee heard testimony that compensation for such expenses could be greatly inflated. There are just too many outstanding questions and issues surrounding this particular issue and, on this basis, the health committee recommended there be no such compensation for surrogacy. Surrogacy must be altruistic, not simply done for payment.
I support the premise of Motions Nos. 32, 33, 36 and 39 which would prohibit the purchase of fetuses or fetal tissue, any part of the embryo or the transfer of ownership of embryos or reproductive materials.
I believe that life begins at conception and therefore cannot nor should not be bought and sold. Life is a precious gift from God and one that cannot be reduced to the level of a common commodity that can be bought and sold on the open market or profited through the stock exchange.
Motion No. 44 is an interesting one and worthy of support. Rather than the destruction of embryos, they could be adopted. Embryo adoption is a possible alternative to the destruction of or research on so-called excess embryos, though not without its own complications, I admit. This is an area that could have future consequences. As I mentioned earlier, let us not trap ourselves in a legislative box that we cannot get out of or adequately deal with in the future.
I feel strongly about Motion No. 45. I support this motion which specifies that there should be no research on embryos for reproductive research except as provided in the regulations. I oppose research on human embryos for any purpose and therefore support this motion.
Due to scheduling of committee travel, it appears that this may be my last opportunity to speak to Bill C-13. Therefore I would like to offer some additional thoughts on this important matter.
I have the privilege of knowing two very dedicated people on this important issue. Shirley Pratten, who lives in my riding of Nanaimo--Cowichan, and her daughter Olivia have both appeared before the standing committee on more than one occasion along with Health Canada officials and interested media. They particularly urge the House to move to an open gamete donation system.
I remind members of the House that the committee talked to several international researchers and professionals who spoke about the success of open systems in other countries such as Sweden, Austria and New Zealand. It is also my understanding that Australia and Holland are moving along in that direction over a two year transition period.
Hon. members of the House should also know that should Bill C-13 go through as it is currently written, that is legalizing anonymity, there will then be a legal challenge in British Columbia where adoption records are open. Discussions have already taken place with one of the lawyers who was involved with opening the adoption records in British Columbia and he is keen to take this on, with the adoption community in this country firmly behind him. With this in mind, there are several offspring in British Columbia who will be part of this challenge.
In short, I believe that if Bill C-13 is passed without change, there will be a serious court challenge starting in the province of British Columbia and probably continuing on through the Supreme Court of Canada. I wonder if the government really wants this. Is this in the best interests of Canadians?
I have stated before and repeat now that the bill is about improving human health. I am reminded that this is not only about physical health, but also emotional and psychological health. If members of the House deliberately deny people the knowledge to know where they have come from through an anonymous system, I believe that we are knowingly compromising their psychological health.
I have some insights into the adoption process, having one adopted child and two through private guardianship, so I know of what I speak. The federal government has a responsibility to safeguard the emotional and psychological health as well as the physical health of Canadian citizens. We need to put the interests and protection of the children conceived through reproductive technology first. Let me repeat this because I believe that this is tantamount to our discussions today and throughout the debate in the past few weeks. We need to put the interests and protection of the children conceived through reproductive technology first.
I acknowledge that Bill C-13 states that this is in the preamble, but it fails to address this need in the bill by sanctioning an anonymous system. Anonymity is not in the best interests of the people who are being conceived. If we really mean that we need to put the interests and protection of children conceived through reproductive technology first, then the bill must actually do what it says it will do.
There are of course very strong lobby groups that attempt to influence the government and the legislative process. In this case the government is not only allowing the desires of some parents to come before the needs of the children, it is also putting the desires of the medical profession above the children.
It would appear that the government has caved in to the terrific power of the medical lobby whose interests in keeping the status quo are both self-serving and for financial motivation. It will take a strong government to stand up to the medical lobby and endorse the standing committee's recommendations on all aspects of the legislation. I really question whether the present government is strong enough to accomplish that.
I realize that my time is nearly up in addressing Bill C-13 but whether my time is up or not, when the House passes this legislation, the legislation will become the law of the land for the foreseeable future. Whatever we pass today and after third reading will have long-lasting consequences.
In the continuum of witnesses, who is most important? It is always the children. I urge all members to seriously consider this as we vote on this issue today.