Organ Trafficking a ‘Grave Human Rights Violation,’ Says Witness as Committee Begins Study of Bill to Combat Practice

Sen. Salma Ataullahjan and Conservative MP Garnett Genuis in a file photo. Limin Zhou/The Epoch Times

Debate on a Senate bill to combat human organ trafficking—proposed legislation whose first iteration goes back to 2008—began before a House of Commons committee on Nov. 16.

Bill S-223, introduced by Sen. Salma Ataullahjan, makes it a criminal offence for an individual to go abroad to receive an organ from someone who did not give informed consent to the removal of the organ. It would also amend the Immigration and Refugee Protection Act to render a permanent resident or foreign national inadmissible to Canada if they engaged in activities relating to trafficking in human organs.

The bill passed second reading in the House of Commons in May, and is currently being studied by the Standing Committee on Foreign Affairs and International Development.

“Human organ trafficking causes great grave human rights violations and involves often transnational criminal activities,” said Miriam Cohen, associate law professor from the University of Montreal, one of the witnesses who appeared before the committee on Nov. 16.

Sociologist Lindsey McKay spoke about her research in an attempt to understand the lack of public pressure to stop Canadian participation in the organ trade.

“I found that the media generates ambivalence towards the issue of transplant tourism, first by absolving Canadians of responsibility, and secondly by consistently orienting public attention away from knowing and thinking about health outcomes and human rights, especially for organ providers,” said McKay.

Dr. Jagbir Jill, vice-president of Canadian Society of transplantation stressed the importance of education along with legislation, “as that does appear to be the most effective piece and making sure people are aware of the legislation.”

‘It’s Almost 15 Years Ago’

Ataullahjan had introduced a similar bill, S-204, in December 2019 in the last session of Parliament, before Prime Minister Justin Trudeau prorogued Parliament in 2020 amid the WE Charity ethics controversy, halting all legislative business that hadn’t passed. The bill only completed first reading at the Senate.

Prior to Bill S-204, the senator also introduced a predecessor, Bill S-240, two Parliament sessions ago in October 2017, which received unanimous approval from both the Senate and the House of Commons. However, it didn’t become law as Parliament was dissolved for the 2019 federal election before the latest round of amendments introduced by MPs could be approved by the Senate.

Conservative MP Garnett Genuis, who appeared as witness on Nov. 16, said the concept of combating human organ trafficking was first proposed by former Liberal MP Borys Wrzesnewskyj. He tabled Bill C-500 in February 2008, but the bill died when Parliament was dissolved.

Wrzesnewskyj reintroduced the bill (C-381) in 2009, which also died when parliament was dissolved. In 2013, then liberal MP Irwin Cotler introduced a similar bill, C-561. After Cotler retired, Genuis re-introduced the bill in the 42nd Parliament.

“Neither of those bills were able to be brought for a vote. The process started in 2008. It’s almost 15 years ago,” Genuis told the committee on Nov. 16.

All three MPs said their efforts to fight organ harvesting crimes was inspired by the 2006 report by David Matas, an international human rights lawyer, and the late David Kilgour, a former MP. The report concluded that the Chinese communist regime was implicit in forced organ harvesting from Falun Gong practitioners on a large scale, killing them in the process, to sell their body parts for profit.

Falun Gong is a meditation and spiritual discipline based on the principles of truthfulness, compassion, and tolerance. Under the rule of then-Chinese Communist Party (CCP) leader Jiang Zemin, China launched a far-reaching campaign of persecution against the practice in 1999, which continues to this day.

“Evidence points to organ harvesting in China where Falun Gong practitioners suffer unspeakable horrors,” Cotler said when introducing his bill in the House of Commons back in 2013.

“A spotlight was also placed on the illegal harvesting of organs of prisoners of conscience in China’s penal system in the 2007 Matas-Kilgour report entitled “Bloody Harvest: Revised Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China,” said Wrzesnewskyj when introducing his bill in 2009.

“By enacting this legislation, Canada will become an international leader in combating the sinister underground trade in human organs and body parts.”

‘Over 100 Countries’

Ataullahjan noted that many countries have passed legislation to combat organ trafficking.

“Over 100 countries such as the United Kingdom, Norway, and Portugal have passed legislation banning the trade of organs. Additionally, several countries have responded with legislation strengthening existing laws that ban for that ban organ trafficking and sales,” she said.

Genuis said since both Ataullahjan’s bills previously passed unanimously in the Senate three times, and that “this bill has been studied extensively for 15 years,” the process for Bill S-233 should be expedited as it is in “exactly the same form” as Bill S-240.

However, Genuis’s proposal was rejected by MPs from the other parties. Among the reasons they cited were that “this is not the same Foreign Affairs committee” as previous Parliaments, and the wording contained in Bill S-240 and Bill S-233 is not “the exact same,” so the committee cannot “simply rubber stamp” it.