Canada’s ES Cell Canada’s ES Cell LegislationLegislation

How it was made and what it How it was made and what it sayssays

Canada has no lawCanada has no law

There are no laws governing There are no laws governing ES cell research ES cell research

BUT proposed legislation, BUT proposed legislation, Bill C-13, is being debated Bill C-13, is being debated in Parliamentin Parliament

Bill C-13 addresses assisted Bill C-13 addresses assisted human reproduction and human reproduction and related researchrelated research

Draft legislationDraft legislation

Legislation drafted by Legislation drafted by Health Canada after Health Canada after consultations with consultations with stakeholders and stakeholders and provincesprovinces

May 2001: Former May 2001: Former Minister of Health gave Minister of Health gave draft legislation to draft legislation to Standing Committee Standing Committee on Health for reviewon Health for review

Standing Committee on Standing Committee on HealthHealth

A Parliamentary A Parliamentary committeecommittee

Responsible for Responsible for examining health examining health issuesissues

Public consultationPublic consultation

Committee heard Committee heard testimonies from:testimonies from:– doctorsdoctors– nursesnurses– Health CanadaHealth Canada– Justice CanadaJustice Canada– women’s groupswomen’s groups– UK gov’tUK gov’t

– bioethicistsbioethicists– lawyerslawyers– patient groupspatient groups– RCMPRCMP– WHOWHO– biotech industrybiotech industry– scientistsscientists– religious groupsreligious groups

The Steps of Bill C-13The Steps of Bill C-13 Dec 2001: Committee Dec 2001: Committee

released report based released report based upon consultationsupon consultations

May 2002: New Minister of May 2002: New Minister of Health introduced Bill C-56, Health introduced Bill C-56, An Act Respecting Assisted An Act Respecting Assisted Human ReproductionHuman Reproduction

Oct 2002: Bill C-56 Oct 2002: Bill C-56 reintroduced by Health reintroduced by Health Minister as Minister as Bill C-13Bill C-13: same : same content, just a new namecontent, just a new name

Status of Bill C-13Status of Bill C-13

First Reading First Reading

Second ReadingSecond Reading

(Both on Oct 9, 2002) (Both on Oct 9, 2002)

Referred to Standing Referred to Standing Committee on Committee on Health…Health…

Third Reading -?Third Reading -?

Senate Approval -?Senate Approval -?

Stephen Fenn. Reproduction authorized by the Library of Parliament / Reproduction autorisée par la Bibliothèque du Parlement

CompareCompare

How is this process similar to our How is this process similar to our classroom exercise?classroom exercise?

– CommitteesCommittees– public consultationspublic consultations

How is it different?How is it different?– 2 rounds of consultations, larger rounds2 rounds of consultations, larger rounds– Committee did not write the legislationCommittee did not write the legislation– Bill was reintroducedBill was reintroduced– Parliament must approve legislationParliament must approve legislation

What Bill C-13 says about What Bill C-13 says about ES cellsES cells

Activity Legal Status Condition Punishment

Use of existing ES cell lines

unrestricted

Use of excess embryos from IVF clinics

controlled

blastocyst must be destroyed after 14 days of development written consent from donors required no sale of human cells donor must be at least 18 yrs old

Up to $250,000 fine and/or 5 yrs imprisonment

Creation of embryos by IVF for ES cell research

prohibited Up to $500,000 fine and/or 10 yrs imprisonment

Therapeutic cloning

prohibited Up to $500,000 fine and/or 10 yrs imprisonment

Assisted Human Assisted Human Reproduction AgencyReproduction Agency

Established by Bill C-Established by Bill C-1313

Agency will issue Agency will issue licenses, inspect licenses, inspect research labs, etc.research labs, etc.

Similar to UK Agency, Similar to UK Agency, except constrained except constrained by tighter legislationby tighter legislation

Reaction to Bill C-13Reaction to Bill C-13

““Too liberal”Too liberal” ““A good compromise” A good compromise” ““Too restrictive”Too restrictive”

What’s your opinion?What’s your opinion?