Mr. Speaker, it is obviously a pleasure for me to speak today on Bill C-13, An Act respecting assisted human reproduction. This bill has been long awaited in Canada. All the members and all Canadians know that this bill has been long awaited. It is truly a delight for me to speak on this subject.
In its current form, Bill C-13 reflects the contribution of numerous groups and individuals, including the members of the Standing Committee on Health, whom I want to thank for the enormous amount of work they did on this bill. It was not always easy. There were many important aspects. I believe that everyone devoted time and effort and, today, the bill is better for it. I would also like to mention the contribution of many of the members of this House.
There is no doubt that this bill today is different from the legislative proposals presented to the Standing Committee on Health almost two years ago.
Significant changes have been made since the bill was introduced last spring. The greatest change is the power to establish the assisted human reproduction agency of Canada.
However, there are also differences in many of the details of the bill, such as the Parliamentary review of regulations, the anti-discrimination clause and the firm rejection of any reimbursement of expenditures. As we all know, the bill will fill a legislative void.
We know that the current situation has serious consequences not only for infertile couples and Canadians born through assisted human reproductive technologies, but also for society as a whole. Having recognized these consequences, Canadians have clearly stated that they want the federal government to show leadership in this area.
It is up to us to protect the health and security of Canadians who are turning to assisted human reproduction technologies to help them build families. It is also up to us to follow up on concerns that science and technology should not be able to continue to evolve without regulation.
The bill also recognizes that approximately one in four Canadian couples has to deal with infertility, and this figure is increasing. These couples must overcome a fundamental obstacle to one of the most human wishes, that of having a family. Assisted human reproduction technologies offer the chance to overcome this obstacle.
The bill will be a significant development for people who use these technologies in the hope of conceiving a child. It will ensure that they can do so knowing that their health, safety and privacy are protected. It will ensure they are not discriminated against.
Having a child is a major decision for anybody. But those who use assisted reproductive technologies are faced with added difficulties requiring they ask themselves some pointed questions. Is the technology safe? What are the chances of success?
This is why informed consent is a key element of the bill. To make an informed decision on assisted reproductive technologies, whether we are directly involved or not, we need tools.
Bill C-13 puts great emphasis on the availability of reliable information on assisted reproductive technologies. It recognizes how important it is to keep Canadians informed of the possible causes of infertility, prevention measures and treatment.
Couples who opt for in vitro fertilization or other forms of assisted reproductive technologies must have reliable information on the technology and treatment they choose. Bill C-13 will make sure clinics provide this kind of information.
Moreover, the agency established under Bill C-13 will have the power to monitor and evaluate new developments in Canada and abroad. It will become a known and informed source of reliable information for those considering using assisted reproductive technologies in Canada.
Couples should have access to professional help to evaluate the psychological, emotional and social stress they and their children might face.
So Bill C-13 attaches a great deal of importance to counselling, so much so that it has generated a considerable amount of interest for many members.
Although it is true that protecting the health and safety of Canadians who are seeking to start a family is at the very core of Bill C-13, there are still other important aspects to it.
Recent events have drawn the world's attention to the more sombre aspects of assisted reproduction. For many people, the necessity for such a bill has been crystallized by the claims, false though they may be, that a cloned baby was born prior to last Christmas. The spectre of that possibility was of huge concern to us all.
As a society, we have a duty to set out in legislation what we will accept and what we will not. That is precisely what Bill C-13 does. Without it, cloning will continue to be legal in this country.
The use of cloning techniques to produce a child is deplorable to Canadians. Health and safety issues aside, cloning for reproductive purposes is ethically and morally repugnant.
The deliberate creation of genetically identical humans is contrary to human dignity and to diversity. It blurs the distinctions between reproduction and production.
It virtually ignores the well-being of the cloned child. Any child born as the result of cloning techniques would have to cope with unprecedented psychological, social and emotional challenges relating to identity issues.
Cloning is not, however, the only unacceptable aspect of assisted reproductive technologies. Bill C-13 makes a number of other practices illegal as well, practices which Canadians simply will not accept, including gender selection for other than health reasons, the commercialization of reproduction, and the creation of animal-human chimera.
Clearly, the problems addressed by Bill C-13 are profound ones. We therefore consider Bill C-13 to represent a balanced approach.
The path to that balanced approach was not an easy one, but I feel that, overall, the bill establishes a very solid framework, a framework that will enable us to address the rapidly evolving technologies and the changes in public opinion.
I will cite the example of the approach the bill takes to donor identification. I recognize the valid concerns of those who would like to see donor identity disclosure made mandatory.
I firmly believe that Bill C-13 marks a major step forward. Let me be perfectly clear: under this bill, the identity of donors may be disclosed provided consent was given.
At present, the many Canadian descendants of donors are denied access to the most basic genetic and medical information about their genetic parents. Bill C-13 will ensure that future Canadians conceived with donated gametes have full access to the detailed medical and genetic background of the donor.
However, information from which the identity of the donor could be inferred will remain with the agency. This would mean that, in a medical emergency such as a bone marrow transplant, a medical practitioner will be able to contact the donor in confidence.
In addition, we cannot ignore the fact that, to date, most provinces and territories have not clarified the status of donors in family law. This means, for instance, that identified donors could possibly be asked to support a child or could have claims against their estate made by genetic descendants of theirs.
The international experience seems to indicate that for a system based on the mandatory identification of donors to work, legal protections must be provided.
This bill could well be a catalyst for such a legal clarification in Canada. Parliamentarians may therefore want to review this issue, as part of the mandatory review of Bill C-13.
Another area where we have achieved an appropriate balance is that of research on surplus embryos. Given current scientific and technological capabilities, surplus embryos are a virtually unavoidable result of in vitro fertilization.
Therefore, as legislators, we have a duty to establish parameters regarding the fate of these embryos. Bill C-13 will ensure that, if a couple decides to donate an embryo for research purposes rather than simply have it destroyed, as is often the case now, the procedures relating to this embryo will be conducted in compliance with the rules of ethics and with the values of our society. Again, a balance has been achieved.
I want to reiterate to the House that, without Bill C-13, there is no legislation governing the fate of surplus embryos. There are no rules that are authorized by the legislation and that govern research on embryos.
It is important to point out that Bill C-13 will make it easier for parliamentarians, provincial and territorial partners, stakeholders and Canadians to make a commitment. The act establishes a process that will allow Canadians to address, on an ongoing basis, complex issues that surface quickly.
Parliament can legally conduct a comprehensive review of this legislation and, in the meantime, it will review all the regulations and it will receive reports on the full performance of the agency.
The structure of the assisted human reproduction agency of Canada owes much to the members of this House. As recommended by the Standing Committee on Health, the agency will be at arm's length from Heath Canada and will be governed by a board of directors reporting directly to the health minister.
The agency will aim for the greatest transparency possible, while ensuring that privacy rights are upheld.
The board members will come from a wide variety of backgrounds. They will each bring their unique expertise to the board. There is however one issue on which we will be adamant. No member will represent a specific organization or sector. Instead, the board members will work together in the best interests of all Canadians.
Lastly, let me quote the wise words of Louis Pasteur, the man who unlocked the mysteries of rabies and anthrax and was responsible for laying the groundwork on which much of modern science is based.
Pasteur said, and I quote, “Chance favors the prepared mind”. Bill C-13 sets up the framework that will prepare us, as a society—and as legislators—to assess and follow up on a variety of scientific discoveries and ethical challenges, now and in the years to come.
The bill now before the House might not solve all of the ethical dilemmas related to new technology. Some of these ethical issues go way beyond the scope of the bill. But the bill does provide for a balanced approach, a reasonable and reasoned approach. It is a global approach which is based on the experience and the best practices of countries the world over, but still remains our very own.
It is a truly Canadian approach that will help us meet the challenges of the new century.