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Immigration agents on guard against sale of human organs
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Immigration.ca - Canada Immigration News - December 2006

The internal guidelines developed in July 2005 by the federal government to handle visa applications by people who wish to donate organs in Canada is stirring comments by donation advocates and experts. While some say the guidelines can improve processing times and could potentially save the lives of Canadians, others wonder if the guidelines will open the door to organ trafficking. Organ donation can also be a pretext for those who wish to enter Canada.

The guidelines to organ donation, set forth in the Access to Information Act, are designed to help visa officers assess temporary-resident visa applications by individuals wishing to donate an organ to a Canadian citizen or permanent resident.

Potential applications are assessed on three main criteria:

  • Proof of "medical compatibility" between donor and recipient.
  • Proof that “satisfactory financial arrangements" have been made.
  • Satisfactory proof that "no sale of human organs is taking place."

There is a concern of whether Canadian Visa Offices will be able to handle the anticipated volume of such visa applications. Furthermore, the guidelines urge the visa officers to be aware of the “possibility of both exploitation and financial or other inducement — namely trafficking of human organs.”

There is a grey area in Canadian law regarding organ trafficking: while the sale or purchase of human organs is illegal in all provinces and territories, it is not technically a criminal offence. On this ground, organ traffickers cannot be deemed criminally inadmissible to Canada.

Nevertheless, the guidelines advise visa officers that it is not in Canada’s national interest to facilitate the illegal internal trade in human organs.

Advocates have also drawn attention to the ethical implications of organ donation. Particularly when a wealthy organ recipient seeks the help of a donor from a poor country, or when individuals would use organ donation as a pretext for entering the country.

Source:
Andrew Mayeda, CanWest News Service
http://www.canada.com/chtv/vancouverisland/news/story.html?id=8332ef2c-f449-4bf5-bf1f-c2dceacab44b&k=54060

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