Proceedings of the Standing Senate Committee on
Human Rights

Issue No. 30 - Twelfth Report of the Committee

Thursday, June 7, 2018

The Standing Senate Committee on Human Rights has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), has, in obedience to the order of reference of April 17, 2018, examined the said bill and now reports the same with the following amendment:

1. Clause 2, page 2:

(a) Replace line 1 with the following:

(a) obtains an organ to be transplanted into”;

(b) replace line 8 with the following:

“moval of an organ from the body of another”;

(c) replace line 14 with the following:

“tion with a person who removes an organ”;

(d) add the following after line 18:

“(1.1) For the purpose of this section, informed consent means consent that is given by a person capable of making decisions with respect to health matters and with knowledge and understanding of all material facts, including the nature of the organ removal procedure, the risks involved and the potential side effects.”;

(e) replace line 20 with the following:

“pates in or facilitates the obtaining of an organ”;

(f) replace line 22 with the following:

“ing that organ transplanted into their body or”; and

(g) replace line 28 with the following:

“imprisonment for a term of not more than 14 years.

240.2 A medical practitioner as defined in section 241.1 who treats a person in relation to an organ transplant must, as soon as reasonably practicable, report to the authority designated by order of the Governor in Council for that purpose the name of that person, if known, and the fact that the person has received an organ transplant.”.

Respectfully submitted,

WANDA ELAINE THOMAS BERNARD
Chair