From the Canadian Women's Health Network and the Infertility Network:

 >From the Hill Times, Sept. 1, 2003
http://www.thehilltimes.ca/2003/september/1/lippman_allen/

Time to fill the legal and ethical vacuum on stem-cell research
By Abby Lippman and Diane Allen

Canadians have been living in a legal and ethical vacuum with respect to
assisted human reproduction for far too long. Other countries with which we
share similar values and healthcare systems have recognized the need for
legislation in this field and have acted; Canada has not. Bill C-13, which
is at third reading in the House of Commons, deals with reproductive and
genetic technologies; C-47 and C-56 preceded it, as did a draft bill that
was considered in open hearings.

It is now 10 years since the Royal Commission submitted its final report
underlining the urgency of regulatory legislation. In fact, the issues
covered in C-13 have been discussed and debated throughout the past decade
in numerous forums and by diverse groups and individuals throughout Canada.

Now is certainly the time for Parliament to act by passing C-13 into law.
There is much to applaud in the proposed bill. To start, here is the
preamble setting out, as a "declaration of principles," the core values upon
which prohibitions and regulations for these new technologies must be based.

Also laudatory are the clear pronouncements for informed choice and
counseling, and for the creation of a regulatory body, as well as
prohibitions against such things as, for example, germ-line genetic
alterations; the creation of embryos for research purposes; the sale and
purchase of eggs, sperm, and embryos; commercialization; "reproductive
cloning"; paid surrogacy; and sex selection.

The bill sets out to protect and promote the health and well-being of both
the children to be born and the women who will bear them. In this regard,
the bill properly bans the use of those activities shown in multiple surveys
to be repugnant to Canadians (e.g., human reproductive cloning, the creation
of human-animal hybrids, sex selection, etc.), as well as those actions that
would further commercialize human reproduction (e.g., payment for eggs,
sperm, embryos, and surrogacy). The bill also sets up enabling legislation
for monitoring and surveillance so that safety issues for women and children
can be identified accurately and in a timely fashion. Finally, the bill
establishes a regulatory agency to oversee the development, use, and
monitoring of assisted reproductive and genetic technologies.

Questions and issues related to reproductive and genetic technologies have,
over the years, become increasingly complicated and intractable; too often,
the "choices" women are offered create risks rather than reduce them. It is
critical, therefore, that legislation be in place to ensure that women are
offered options that value them and their children; options that are
developed and approved in accordance with strict conformity to basic ethical
principles of research and practice; options that adhere to the
precautionary principle; and, in the end, options that value diversity and
that scrupulously avoid discrimination against those with disabilities of
any kind, before or after birth.

In this regard, the agency must be empowered to make additions to the
current list of prohibited activities and to ensure that if there is no
long-term information on a practice, it will be regulated as research.
Bill C-13 is not perfect; no bill in this area could possibly be, nor could
it satisfy all points of view. But C-13 does set out principles and
processes that can begin to bring some control on practices now operating
without any regulation. Assisted reproduction, and the genetic technologies
that support it, constitute areas in which commercial forces increasingly
rule. Too frequently, infertility is seen as a "business" and not as the
social concern it really is. C-13 is an important first step to prohibit
activities and practices that distress Canadians.

Regulating reproductive and genetic technologies cannot be absolute. Nor can
these activities be merely regulated by a government licensing agency,
federal or provincial research funding bodies, or research ethics review
boards. We need mechanisms to address the questions raised by these
technologies that insure public consultation, accountability, transparency,
safety, and justice in their development, evaluation, and use.
Indeed, we have many recommendations for those charged with implementing the
legislation. First is the makeup of the regulatory agency's advisory board.
It is essential that the members of this agency have no conflict of
interest, and that each one serves as an individual rather than as a
representative of any organization or group. The agency should put in place
innovative methods of public consultation and decision-making when carrying
out its regulatory, licensing, registering, monitoring, inspection and
enforcement roles.

Moreover, we hope that the regulatory agency will encourage services,
policies, education, and research with regard to the causes of infertility;
address issues of access; ensure that use of these technologies does not
contribute to discrimination against people with disabilities and other
vulnerable social groups; and fine-tune the legislation to address its
shortcomings (e.g., the absence of an open donor system).

The women of this country have waited far too long for this bill. It is time
to act on the regulation of reproductive and genetic technologies. Bill C-13
is a step in this direction, and we urge all Members of Parliament to pass
this legislation in the fall.

Abby Lippman is co-chair of the Canadian Women's Health Network, and Diane
Allen is executive director of The Infertility Network.

 >From the Hill Times, Sept. 1, 2003
http://www.thehilltimes.ca/2003/september/1/lippman_allen/


Mona Dupré-Ollinik, BSW, BA
Coordonatrice de liaison/Outreach Coordinator
Canadian Women's Health Network/Réseau canadien pour la santé des femmes
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