Bill S-223 – An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs) – is set to fight “transplant tourism”. It adds a definition for organ trafficking to the Criminal Code, makes it possible to charge citizens involved in organ trafficking outside of the country, and allows us to block entry to non-citizens that are involved.
Background
First up is a quick note about what this Bill is targeting, “transplant tourism”. Transplant tourism is when someone travels from one country to another for an organ transplant. Canada is a country of origin for this, we have more people waiting for transplants than we do organs to transplant so people will leave the country to get a transplant elsewhere. S-223 aims to prevent that fueling organ trafficking in other countries.
Criminal Code
First up S-223 adds a new offence to the Criminal Code for trafficking human organs. For the most part any involvement in the removal of an organ without consent counts as an offence punishable with up to 14 years in prison. (Obtaining the organ, assisting in the removal, doing anything that would help lead to the removal at someone else’s direction)
The next part that’s added to the Criminal Code makes it so anyone that’s a Canadian citizen or a permanent resident of Canada that commits this offence in another country counts as committing it in Canada.
Immigration and Refugee Protection Act
Finally S-223 makes a small change to the Immigration and Refugee Protection Act. It makes it so any permanent resident or foreign national that engages in organ trafficking can be blocked from entering the country.
Status
S-223 was granted Royal Assent on December 15, 2022.