Bill S-223

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the appropriate minister is of the opinion that they have engaged in any activities relating to trafficking in human organs.

Human Organ Trafficking

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, I am tabling this petition in support of Bill S-223, a bill that seeks to combat forced organ harvesting and trafficking. This bill has passed the Senate twice and the House once in its current form. It is currently stalled before the foreign affairs committee and petitioners hope that this will be passed soon. The families of victims of forced organ harvesting and trafficking have now waited almost 15 years for Canada to pass this legislation. Let us end the delays and let us get this work done.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the second petition I am tabling is similar to that tabled by a number of colleagues. It is to support Bill S-223, a bill to combat forced organ harvesting and trafficking. This bill has passed the Senate twice and the House once in its current form. It is now stalled at the foreign affairs committee, and petitioners want to see this bill passed as soon as possible. Families of victims have been waiting 15 years, and hopefully these delays will end.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, I have a second petition signed by a number of Canadians across the country who are in support of Senate Bill S-223, a bill that seeks to combat forced organ harvesting and trafficking.

[Ed Fast, Conservative, Abbotsford, BC]

Madam Speaker, it is good to be back in this House after the summer recess.

I am rising to present two petitions. The first petition is in support of Senate Bill S-223, which seeks to combat the practice of forced organ harvesting, which is still going around the world. It is the practice of harvesting organs from healthy, living human beings without their consent, and the bill would combat this practice. The families of the victims of forced organ harvesting and trafficking have now waited almost 15 years for Canada to pass this legislation. It is time to end the delays, and the petitioners are calling on the House and on Parliament to now get this done.

Criminal Code

[The Deputy Speaker, Conservative, Chris d'Entremont]

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the motion at second reading of Bill S-223 under Private Members' Business.

The question is on the motion.

The House resumed from May 13 consideration of the motion that S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs) be read the second time and referred to a committee.

Human Organ Trafficking

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I am also pleased to present a petition in support of Bill S-223, a bill that would make it a criminal offence for people to go abroad and receive an organ taken without consent. The bill that this petition is dealing with will be up for a vote in the House tomorrow.

[Marty Morantz, Conservative, Charleswood—St. James—Assiniboia—Headingley, MB]

Thank you, Mr. Chair.

First, I want to congratulate you on becoming the chair of this committee. I look forward to a collaborative relationship with you and with all parties on this very important committee.

I want to bring us all back for a moment to what it is we are actually debating currently. As we know, MP Fry introduced a motion on May 6, 2022. In our last meeting, Mr. Genuis introduced an amendment to that motion. His amendment simply states as follows:

and that this study not take place until after the completion of the committee's studies on Ukraine, vaccine equity and Taiwan as well as studies on legislation sent from the House of Commons; and further that it not take place until the subcommittee on agenda and procedure submits a report prescribing the manner in which the study is to proceed.

Those words would be inserted between “rights globally” and “and that the committee report its findings to the House”.

That is the subject we are currently debating. I must say that I am surprised that this amendment has not sailed through. I recall at the meeting on Thursday the members around the table saying that it's exactly what they wanted to see happen. Everybody wants to see us finish the study on Ukraine, on vaccine equity and on Taiwan. We have an obligation to study Bill S-223 and Bill S-211. Everyone seems to agree on that. So I'm somewhat confounded by the fact that we can't seem to come to an agreement on an amendment that everybody has spoken in favour of, from what I can tell so far.

One of the things that's extremely important about this amendment is Ukraine. I want to spend some time talking about my perspective. I'd appreciate some latitude on this, as I was not here the week Dr. Fry's motion was introduced. This is actually my very first time speaking on this subject.

Having the committee find itself in this unfortunate position, I just want to say that this committee is essentially on the front lines. We shouldn't underestimate our role. We're on the front lines of protecting Canada's foreign interests abroad. What we study here can directly impact decisions that the Government of Canada makes vis-à-vis our interests in Ukraine and around the world.

Now, we know that the world is a dangerous place, and it's even more dangerous now that Mr. Putin has taken the rash decision to invade our friend and ally Ukraine. Canada has over one million citizens of Ukrainian descent. Our ties to Ukraine carry a moral imperative. That imperative is to safeguard our foreign policy interests and to stand up for Ukrainian Canadians who are rightfully distraught over the carnage that their beautiful, peace-loving, democratic state has been subjected to. It's also to stand up for the principles of peace and democracy throughout the world. That's why we're here.

We have met these obligations. Canada has met these obligations over our long history. Former prime minister Lester Pearson stood up for these ideals when he assembled the first large-scale United Nations peacekeeping force to de-escalate the situation in Suez. He was awarded a Nobel Peace Prize for the work he did. Mr. Pearson also played an important role in his career to establish the peaceful and democratic State of Israel, resulting in our most important bilateral relationship in the Middle East.

Former prime minister Brian Mulroney stood up for these ideals when he was alone on the world stage seeking to free Nelson Mandela and bring an end to apartheid in South Africa. Mr. Mulroney spearheaded an aggressive Canadian push within the Commonwealth for sanctions to pressure South Africa to end apartheid and get Mr. Mandela released after 25 years of unjust incarceration.

The day after his release from prison, Mr. Mandela spoke with Mr. Mulroney on the phone. According to the former Canadian prime minister's memoirs, Mandela told him, “We regard you as one of our great friends because of the solid support we have received from you and Canada over the years.... When I was in jail, having friends like you in Canada gave me more joy and support than I can say.”

In 2004 Mr. Mandela sent a letter in which he said that Mr. Mulroney had provided strong and principled leadership in the struggle against apartheid. He also said that this was not a popular position—

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, I'm tempted to tease Mr. Zuberi and say that wasn't a very concise intervention about being concise, but I appreciate his comments.

If Mr. Oliphant will forgive me, I'm a relatively new member to this place in terms of how procedure works. I always need a refresher so I appreciate him taking the time to ensure that I'm fully up to speed. I hope we'll get to hear from him about the risks of using Google Translate. I always find it edifying when he shares that information.

My intention in saying I will cede the floor to Mr. Morantz is, of course, not to imply that I have the power to give the floor to anyone but it's more based on what I thought was the speakers list. The chair is nodding so I assume that means that though I clearly failed in describing the procedures in the most formal way it is in fact Mr. Morantz next.

I'll wrap up my comments for the moment by responding to Mr. Zuberi's point with respect to the question of topicality and the amendment and then making a couple of comments about the piece of legislation that I was going to speak to.

The amendment we're debating is an amendment to the current motion. It says:

and that this study not take place until after the completion of the committee's studies on Ukraine, Vaccine Equity and Taiwan as well as studies on legislation sent from the House of Commons; and further that it not take place until the subcommittee on agenda and procedure submits a report prescribing the manner in which the study is to proceed;

In the context of this amendment it would be fully appropriate to make arguments about the importance of the studies on Ukraine, the importance of the study on vaccine equity, the importance of the study on Taiwan, and the importance of the pieces of legislation, because that is precisely what this amendment says. It says that those three studies, as well as the legislation, should be given priority over the content of this motion. Very clearly, there are five things: Ukraine, vaccine equity, Taiwan, Bill S-211, and Bill S-233, I believe. There's another bill, S-223, that has some folks very excited so I'm careful not to mix those up. Those are the topics that we're invited to discuss in the form of this amendment.

The other piece of legislation, S-233.... Is it Bill S-223? Okay, it's Bill S-223. It's my bill and I've forgotten the number. Bill S-223 is my bill and Bill S-233 is the controversial one. I'm sorry, it's not my bill. Again, we're being precise on a Monday morning after I've taken a red eye and that's good.

Where was I here? The bill would make it a criminal offence for a person to go abroad and receive an organ taken without consent. This bill is designed to combat the horrific practice of forced organ harvesting and trafficking. It also contains a provision by which a person could be deemed inadmissible to Canada if they have been involved in forced organ harvesting and trafficking. We know that there's organ harvesting and trafficking sadly that happens in other countries and there are limits obviously to what we can do about human rights violations that happen in other countries. But one important step we can take is ensuring that we as Canada and that Canadians individually are not complicit in those violations of human rights that take place overseas.

One of the reasons we see forced organ harvesting and trafficking is demand for those organs. If people are coming from other countries to receive an organ that was taken from someone without consent that creates a demand for organs to be taken without consent. That's where we can try to intervene on the Canadian side and confront the issue of prospective demand.

These are two very important pieces of legislation, Bill S-223, and Bill S-211. I'm hopeful that the committee will be able to get to them and proceed with them as well as the other important items on the floor.

I did have a few other things I was going to say but I will finish my remarks for the moment. I suspect next we'll hear from Mr. Morantz and I'm looking forward to his intervention and the interventions of other members as well.

Criminal Code

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, now that the collapse of debate on this bill at this stage is secure, let me take a few moments to say a few thanks to all of those who have been involved in moving this important bill forward at this stage.

Of course, it is very important to start by recognizing the incredible life and legacy of David Kilgour. David Kilgour and David Matas were responsible for an initial groundbreaking report exposing the organ harvesting and trafficking taking place in China. David Kilgour brought this to the attention of the world, and he was a strong advocate throughout his life on this issue, leading to many other countries passing legislation on forced organ harvesting and trafficking. It was maybe a bit of a point of embarrassment that Canada, his own country, was behind some of these other countries in passing legislation.

David passed away earlier this year, so I am sorry he will not have the opportunity, at least from the vantage point of being on earth, to see what is happening. However, I believe, as I know some other members do as well, that he is still aware of what is happening and is heartily pleased by it.

I want to recognize as well the sponsor of this legislation, Senator Ataullahjan, who tenaciously put it forward in the Senate. She has been more successful than I have been. She got the Senate to pass it unanimously three times, and we have only passed it once unanimously in the House so far. As members know, in the legislative process, it has to pass in the same form in both Houses in the same Parliament. It has passed in slightly different forms in different Parliaments, but this is the same form of the bill that passed in a previous Parliament.

The bill has passed the Senate, so I think we can get this done, hopefully without amendment, because if we amend it, it has to go back to the Senate again and we would be into this whole procedure again. Hopefully the foreign affairs committee will be able to pass it without amendment. I want to again recognize Senator Ataullahjan for her tenacious work on it.

I think it is very important to acknowledge the communities that have been advocating for this. Members are aware that other members and I have often tabled petitions on Bill S-223. It is not just my office staff sitting there signing the same petition over and over again; it is members of the community who go out and collect these signatures. I know the Falun Gong community has been very active in advocating for this. Falun Gong practitioners in Canada are standing with members of their community who face organ harvesting and trafficking in China.

We have seen an increase in other communities being targeted. Uighurs, for example, are victims of forced organ harvesting and trafficking. I want to recognize the advocacy of the Uighur community and so many other Canadians: people from the medical profession, students and people from all walks of life. Whether they or their communities are directly impacted by organ harvesting or not, they have stepped forward to be a part of these efforts and a part of this advocacy.

I am also going to mention that apparently it is Trevor's birthday. He is a staff member on the Liberal side who played an important role in helping us move this forward. I think it is important to recognize all of the staff who are involved in supporting our work here, and I wish Trevor, whom I have never met in person but am sure is a lovely fellow, a very happy birthday.

It is so heartening that we have these moments in the House of Commons when we can come together across party lines in defence of justice and human rights. Sometimes the rancour that exists on other issues gets in the way of us working together. I am a big believer that it is okay to fight hard when we disagree, but it is important to be able to bracket those fights and work together on issues that we do agree on. That is exactly what we are trying to do with this piece of legislation.

We do so because in these moments, we think of the victims and the people who have suffered horribly as a result of forced organ harvesting and trafficking. I think there is an imperative for us to put aside whatever we might feel toward each other some of the time and say that people who are suffering and victims who need our defence and support are far more important than anything else that is going on. I want to thank all members who are part of this effort.

It is not done yet. We are going to go to committee, hopefully get it passed very quickly at committee, send it back here without amendment for third reading and finally have a law in Canada that makes it a criminal offence for a person to go abroad and receive an organ without consent.

I will continue tabling petitions on this until we get the bill passed, but when it is passed, I commit to stopping at that point and tabling petitions only on other topics.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, allow me to thank the member for Sherwood Park—Fort Saskatchewan for tenaciously sponsoring this legislation again. He should get an award for the number of times he has appeared on this very same bill.

In the House, we all recognize the importance of this bill. We have had several Parliaments debate it. I do not think there is any argument against this kind of an amendment being necessary to the Criminal Code and to the Immigration and Refugee Protection Act.

I did have a number of comments I wanted to make, but in the spirit of what has already been said today, I would conclude by saying that the NDP absolutely does support this legislation. It is a shame that we did not see the former Bill S-240 pass through the 42nd Parliament quickly. If people remember correctly, that piece of legislation was held up, literally yards away from the finish line, because of the procedural shenanigans that were going on in the other place, when Conservative senators were trying to hold up Romeo Saganash's Bill C-262. That ultimately prevented the Senate from voting on the House amendments to Bill S-240.

That being said, we are here now with Bill S-223. I am proud to support this bill at second reading. We look forward to seeing it get to committee, back to the House and on to the Governor General's desk as quickly as possible.

[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.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

,

seconded by the member for Pierrefonds—Dollard, moved that Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), be read the second time and referred to a committee.

He said: Mr. Speaker, my grandfather had this expression not to “gild the lily”. That is, when something is already beautiful, there is no need to further dress it up.

We already have a consensus. I am looking forward to seeing this bill finally move into law.

Human Organ Trafficking

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, it is very moving that, on what happens to be Falun Dafa Day, a day when we remember the Falun Dafa community as being a particular victim of organ harvesting and trafficking in China, I can present this petition in support of Bill S-223, a bill to combat forced organ harvesting and trafficking.

I want to thank all of the members who have spoken to this important issue. I particularly want to recognize the member for Kingston and the Islands for his hard work on the file. Some members have suggested that I am behind this, but I think he deserves a lion's share of the credit.

I commend this important petition to the House, and the bill will be debated later today.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, I too would like to present a petition on behalf of Canadians in support of Bill S-223, which is to combat forced organ harvesting and trafficking. I thank my colleague from Sherwood Park—Fort Saskatchewan for his good work on this. He has been a dogged supporter of this bill, which is needed because it would make it a criminal offence for a Canadian going abroad to receive an organ taken without the consent of the person giving the organ.

Bill S-223 has passed the Senate unanimously three times and in this House once unanimously. It is similar to my Bill C-208 being passed in the House, which was put forward by former NDP House leader Guy Caron. When I put that bill forward, there was unanimous support by the opposition at that time, and Bill S-223 also has unanimous support. As it will be debated this afternoon with the support of other parties, I am sure that Bill S-223 will finally come into law.