Madam Speaker, I want to talk about sections 36 and 37 of the Immigration and Refugee Protection Act in my speech, which already address inadmissibility grounds with respect to criminality, serious criminality and organized criminality. That will be the majority of what I will be speaking about in my speech.

I am pleased to be able to take the floor to discuss Bill S-240, an act to amend the Criminal Code and the Immigration and Refugee Protection Act, which proposes new criminal law responses to tackle the issue of organ trafficking.

I would like to spend my time discussing the bill's proposed changes to the Immigration and Refugee Protection Act.

Members will likely be aware that the Immigration and Refugee Protection Act sets out a number of rules governing who is and who is not admissible to Canada. In particular, division 4, part 1 of the act specifies a number of situations where a foreign national or permanent resident will be inadmissible to Canada for reasons of security, for reasons of criminality of various types, or for having engaged in human or international rights violations.

Section 35 specifically articulates the grounds upon which a permanent resident or foreign national would be inadmissible for reasons of violating human or international rights, such as where the person has engaged in genocide or war crimes. Bill S-240 proposes to amend this section to provide that a permanent resident or foreign national would be inadmissible to Canada for having engaged in conduct that would constitute an offence captured by any of the four new offences proposed in this bill. This amendment raises interesting issues that I look forward to hearing more about during our debates here in the House.

In determining whether someone is inadmissible, Bill S-240 would require the minister to be satisfied that the individual engaged in conduct that is captured by the bill's proposed new offences. In the summary of the bill, it notes that the minister who would be responsible for making such determinations would be the Minister of Citizenship and Immigration. However, it is my understanding that the minister who is responsible for the inadmissibility sections of the Immigration and Refugee Protection Act is the Minister of Public Safety. It is unclear to me whether the sponsor of the bill is proposing that the ministerial responsibility for this new ground of inadmissibility be different than what is currently the case. It is important to ensure that the bill would not result in a situation where ministerial responsibility is either misunderstood or inconsistently applied in this act.

I would also be interested to hear more from the bill's sponsor in the House of Commons as to whether amending section 35 of the Immigration and Refugee Protection Act is appropriate, given the focus of the section is on international rights violations. It is not clear to me why the amendments are proposed here, rather than in sections 36 and 37 of the act, which deal with inadmissibility on the grounds of criminality, serious criminality and organized criminality.

I would also like to note that another private member's bill, Bill C-350, introduced by the sponsor of Bill S-240 in the House, dealing with the same issue, would amend section 37 instead of section 35. There appears to be some uncertainty as to where this kind of change should be made, and I am interested in hearing more about this in the House.

More fundamentally, I wonder whether this type of amendment is even needed. The Immigration and Refugee Protection Act already contains a number of different grounds upon which a person may be found inadmissible to Canada. Specifically, sections 36 and 37 of the act already address inadmissibility on grounds of criminality, serious criminality and organized criminality. These provisions, in my view, are broad enough to capture the conduct targeted by the proposed amendment. For example, permanent residents or foreign nationals are inadmissible to Canada for engaging in serious criminality. While “serious criminality” is not defined, the provision makes clear that it includes engaging in conduct abroad that was an offence in the place where it occurred and that if it had been committed in Canada it would constitute an offence punishable by a maximum penalty of at least 10 years' imprisonment.

Under this rule, a foreign national or permanent resident who engages in conduct that would be criminalized by the offences proposed in Bill S-240 would be inadmissible. I wonder then what the rationale is for specifically enumerating a new ground of admissibility.

The same holds true for subsection 36(2), which states that a foreign national is admissible to Canada for having been convicted of an offence outside of Canada that, if it were committed in Canada, would have constituted an indictable offence.

Beyond the question I have already raised concerning the need for specific amendments of the Immigration and Refugee Protection Act, I would like to spend a few moments talking about what may be unintended consequences of Bill S-240.

As has already been discussed in previous speeches, one of the proposed new offences will criminalize any person who obtains or facilitates obtaining an organ from the body of another person where he or she knows or was reckless as to whether the organ was obtained for consideration. Others have spoken about how this would capture individuals who travel abroad to obtain an organ that was purchased in a country where it would be legal to do so. However, it is not only limited to this conduct.

For example, proposed subsection 240.1(3) will also criminalize medical practitioners who participate in the organ transplant surgery in the country where it is legal to do so. Under Bill S-240, that person will also be inadmissible to Canada. I wonder if this is an appropriate outcome.

I raise these questions because I strongly believe we need to fully appreciate the implications of any legislation that is brought before us. I do not believe that to this point, Bill S-240's proposed changes to the Immigration and Refugee Protection Act have benefited from the kind of detailed debate that is required. In fact, based on my review of the parliamentary record, I could not find a single question raised in the other place about the implications associated with Bill S-240's immigration-related proposals.

There can be no doubt that the issue of illicit organ trafficking is a serious one. There equally can be no doubt that we, as parliamentarians, are united in our concern and commitment to identifying appropriate solutions to address the behaviour of those who would seek to exploit the vulnerable, with no regard for their health or well-being.

Nevertheless, we should not let the seriousness of the issue detract from our responsibility to closely examine and, where possible, improve upon legislation that is brought before us. A number of issues have been identified with Bill S-240 that require more detailed examination, and I look forward to our continued consideration of them.

Marwan Tabbara

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