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MINUTES OF PROCEEDINGS

Meeting No. 11

Tuesday, December 3, 2002

The Standing Committee on Health met at 3:47 p.m. this day, in Room 371, West Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: Bonnie Brown, Jeannot Castonguay, Brenda Chamberlain, Stan Dromisky, The Hon. Hedy Fry, James Lunney, Réal Ménard, Rob Merrifield, Hélène Scherrer, Judy Sgro, Carol Skelton, Yolande Thibeault, Judy Wasylycia-Leis.

Acting members present: Raymond Simard for Carolyn Bennett, Marlene Jennings for Carolyn Bennett, Raymond Simard for Judy Sgro.

Other Member present: Paul Szabo.

In attendance: From the Library of Parliament: Nancy Miller Chenier, Sonya Norris and Monique Hébert, Research Officers.  From the Committees Directorate: Joann Garbig and Jeffrey LeBlanc, Legislative Clerks.

Witnesses: From the Department of Justice: Glenn Rivard, Senior Legal Counsel. From the Department of Health: Francine Manseau, Senior Policy Analyst, Health Policy and Communications Branch, Special Projects Division; Caroline Weber, Director General, Policy Planning and Priorities Directorate.

Pursuant to its Order of Reference of Wednesday, October 9, 2002, the Committee resumed consideration of Bill C-13, An Act respecting assisted human reproduction (See Minutes of Proceedings, Tuesday, November 19, 2002, Meeting No. 2).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On New Clause 1.1,

 

Rob Merrifield moved, -- That Bill C-13 be amended by adding after line 5 on page 1 the following:

 

“OBJECT

1.1 The object of this Act is to provide a national legislative framework for assisted human reproduction and the conduct of research using human reproductive material. It is to ensure that:

(a) the interests of children born from assisted human reproduction procedures are protected and are given paramount consideration;

(b) the interests of adults participating in assisted human reproduction procedures are protected and their participation is based on informed choice; and

(c) the interests of researchers and physicians are supported to the extent that they do not compromise the interests of these children and adults.”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

            YEAS                                                 

            James Lunney

            Rob Merrifield

            Carol Skelton

Judy Wasylycia-Leis -- 4

            NAYS

            Jeannot Castonguay

            Brenda Chamberlain

            Stan Dromisky

            Hedy Fry

            Réal Ménard

            Hélène Scherrer

            Raymond Simard

            Judy Sgro

            Yolande Thibeault -- 9

On Clause 2,

Yolande Thibeault moved, -- That Bill C-13, in Clause 2, be amended by replacing lines 8 to 19 with the following:

“(a) the health and well-being of children
born through the application of assisted human reproductive
technologies must be given priority in all
decisions respecting their use;


(b) the benefits of assisted human reproductive
technologies and related research for
individuals, families and for society in general can be
most effectively secured by taking appropriate
measures for the protection and
promotion of human health, safety, dignity
and rights in the use of these technologies
and in related research;”

Rob Merrifield moved and debate arose, -- That the amendment be amended in subsection b) by replacing the words “promotion of human health, safety, dignity” with the words “promotion of human life, health, safety, dignity”. 

After debate, the question being put on the amendment, it was negatived on the following recorded division:

            YEAS                                                 

            James Lunney

            Rob Merrifield

            Carol Skelton -- 3

            NAYS

            Jeannot Castonguay

            Brenda Chamberlain

            Stan Dromisky

            Hedy Fry

            Réal Ménard

            Hélène Scherrer

            Raymond Simard

            Judy Sgro

            Yolande Thibeault -- 9

Brenda Chamberlain moved, -- That whomever introduces a motion has an opportunity to speak for two minutes and each subsequent speaker has one minute to speak.  After debate, by unanimous consent, the motion was withdrawn.

Rob Merrifield moved, -- That the amendment be amended in section b) by replacing the words “and rights in the use of these technologies” with the words “and rights of Canadians in the use of these technologies”. 

After debate, the question being put on the amendment, it was negatived.

After debate, the question being put on the amendment of Yolande Thibeault, it was adopted on division.

Rob Merrifield moved, -- That Bill C-13, in Clause 2, be amended by adding after line 15 on page 1 the following:

“(a.1) persons with disabilities can lead full and satisfying lives and enrich the lives of those around them;”

The Chair ruled the proposed amendment inadmissible, because it went beyond the scope of the Bill. 

Rob Merrifield moved, -- That Bill C-13, in Clause 2, be amended by adding after line 15 on page 1 the following:

“(a.2) human beings who are adopted can bring the same joy and happiness to their adoptive parents as those who are in the custody of their biological parents;”

The Chair ruled the proposed amendment inadmissible, because it went beyond the scope of the Bill. 

Rob Merrifield moved, -- That Bill C-13, in Clause 2, be amended by replacing line 21 on page 1 with the following:

“technologies and related research, women more than men are”

After debate, the question being put on the amendment, it was negatived by show of hands:

YEAS: 5                                                                                  NAYS: 9

Judy Wasylycia-Leis moved, -- That Bill C-13, in Clause 2, be amended by replacing line 23 on page 1 with the following:

“application and the health and well-being of women must be protected in the application of these technologies;”

After debate, the question being put on the amendment, it was adopted on division.

Réal Ménard moved, -- That Bill C-13, in Clause 2, be amended by adding after line 27 on page 1 the following:

“(d.1) persons who undergo assisted reproduction procedures must not, in any case and for any reason, be the object of discrimination on the grounds of sexual orientation or marital status; ”

Rob Merrifield moved and debate arose, -- That the amendment be amended by adding the words “or disability” after the word “status”.

James Lunney moved, -- That the debate be adjourned on the amendment of Réal Ménard.  The question being put on the motion, it was negatived.

By unanimous consent, the amendment of Rob Merrifield was withdrawn.

After debate, the question being put on the amendment of Réal Ménard and the result of the vote was announced:

YEAS: 5                                                                                  NAYS: 5

Whereupon, the Chair voted in the affirmative.  Accordingly, the amendment was adopted.

At 5:38 p.m., the Committee adjourned to the call of the Chair.

 

José Cadorette

Clerk of the Committee