OTTAWA/WINNIPEG—A liberal MP has introduced a private
members bill that would criminalize organ transplants inside
or outside of Canada that involved organs purchased or taken
from unwilling donors.
Bill C-500, introduced by MP Borys Wrzesnewskyj, proposes amending
the criminal code to punish any Canadian citizen who participates
in an organ transplant that would be considered illegal in Canada,
no matter where in the world thetransplant takes place.
That includes transplants where the organ "donor"
was paid for the sale of their organ, as in the recent case
of "Doctor Horror," Amit Kumar, who lived in Brampton,
Ontario with his wife and children.
Kumar is wanted by Interpol for allegedly masterminding a kidney
trafficking right that bought or stole kidneys from farmers
and labourers in India. The organs were sold to wealthy Indians
and foreigners. Reports say computers taken in a raid on one
of Kumar's clinics in India revealed there were inquiries from
Canada.
(Article continues below)
Bill C-500 would establish a list of people like Kumar who
would be barred from Canada for participating in organ sales.
The bill also puts the onus on organ recipients to certify
the organ they receive was legally obtained. All transplant
recipients will have to obtain a certificate establishing the
organ was donated and no money was paid.
While that may be a simple matter for in-country transplants,
Canadians that travel overseas for transplant, "transplant
tourists" as they are called, could face difficulty, especially
visitors to countries like China known for dealing in organs
taken from unwilling donors.
Transplant tourists rely on aftercare and drugs provided through
their provincial medical systems after they return to Canada.
Under the bill, medical practitioners in Canada would be required
to report any organ recipient they treat to a certification
program. That program would check to make sure the organ recipient
has a certificate verifying their organ wasn't purchased or
stolen. Transplant recipients who are found to not have a certificate
could face investigation and prosecution.
The bill proscribes a minimum sentence of five years and a
maximum sentence of life in prison for offenders.
Wrzesnewskyj said he was motivated to draft the bill by stories
he heard in many parts of the world, including a series of articles
in Ukraine a few years ago when children were disappearing from
orphanages.
Wrzesnewskyj said that like most people he wasn't overly perturbed
by the stories because he assumed westerners were coming and
bribing officials so they could adopt the children. But a local
police officer discovers something different.
"As [the officer] dug, something quite horrific became
apparent," said Wrzesnewskyj. " These children weren't
being adopted. These children were actually being sacrificed
for their organs; the organs were being sold."
Around that time he also read about kidney trafficking in India
where some poor villagers were selling their organs for the
price of a taxicab.
"Some times their consequences were horrific. In fact,
they didn't get the money promised," recounted Wrzesnewskyj.
More recently Wrzesnewskyj read a report co-authored by two
Canadians, former MP David Kilgour and prominent human rights
lawyer David Matas. The report details evidence indicating the
large-scale practice of killing imprisoned Falun Gong practitioners
so their organs can be sold and transplanted.
Wrzesnewskyj describe the report as "horrifying."
"In all cases, these were the most vulnerable people in
their particular societies," he said.
Wrzesnewskyj believes three trends have fueled illicit organ
trafficking: medical technology that allows any organ to be
cheaply transplanted, international travel that allows a person
to cross the globe in less than a day, and increasing disparities
between the richest and poorest people on the planet.
"So, it has come together [with] horrific consequences
for those who are vulnerable," he said.
While the bill has just been given its first reading and may
have to be reintroduced if the minority government falls, Wrzesnewskyj
said it is important to start the process and set an example
other countries may follow.
"I salute him for leading the way," said former MP
David Kilgour. "I hope he'll get all party support . .
. It's exactly the kind of measure Canada should pass."
Kilgour and Wrzesnewskyj both describe the bill as a non-partisan
issue.
Kilgour said the bill is comprehensive but suspects it may
encounter criticism that it goes to far. That said, he is confident
it will pass.
"I just don't think any MP would want to be associated
with speaking against it or voting against it, it's just too
serious an issue."
"It's a huge problem involving our own country and our
own citizens. I'm sure the timing of reports from India was
an accident but it's very helpful."
Kilgour said each country should have its own legislation on
this issue and proposed there could even be a U.N. convention
on organ harvesting the way there is for land mines.
"A U.N. convention . . . would require 50 countries to
ratify it and that might prove to be a difficult issue because
China would certainly oppose it."
A release announcing the bill says "Bill C-500 addresses
the exploitation of the vulnerable in developing countries or
incarcerated by totalitarian regimes whose healthy organs are
purchased or extracted through coercion and sold for use by
the wealthy."
"By enacting this legislation Canada will become an international
leader in combating the sinister underground trade in human
organs and body parts," said Wrzesnewskyj.