New Library of Parliament Research Publications

The Parliamentary Information and Research Service of the Library of Parliament has recently made the following research publications available:

• Assisted Human Reproduction and Informed Consent: "On 17 September 2005, Health Canada published the proposed Assisted Human Reproduction (Section 8) Regulations pursuant to the Assisted Human Reproduction Act (Act). As a result of the public consultation process, the regulations were amended, and a revised version was presented to the House and referred to the Standing Committee on Health on 27 October 2006 (...) Section 8 deals with written consent that must be obtained from the donor in order to use human reproductive material for the creation of an embryo or the use of an in vitro embryo for any purpose. This section also provides that human reproductive material shall not be removed posthumously from the donor’s body without the prior written consent of the donor."
• Human Trafficking: "Trafficking in persons is not the same as migrant smuggling. The key distinction is that smuggled migrants are usually free once they arrive at their intended destination, whereas trafficking victims may be held against their will and subject to forced labour or prostitution(...) The U.S. Department of State released the most recent Trafficking in Persons Report in June 2006. The report states that between 600,000 and 800,000 people are trafficked across transnational borders, or from one country to another, each year. When intra-country or 'within country' estimates are included, the figure rises into the millions. The 2006 Trafficking in Persons Report also indicates that 'Canada is a source, transit, and destination country …' Some 800 people are trafficked into this country each year, while an additional 1,500 to 2,200 are trafficked through Canada to the United States."
• The "Spanking" Law: Section 43 of the Criminal Code: "Section 43 of the Criminal Code is controversial in that it expressly offers parents and teachers a defence when they use reasonable force to discipline a child. Given an increased recognition of the rights and best interests of children, many have called for an end to any form of physical punishment of children and youth in Canada, which would necessarily include the repeal of s. 43. Others, while acknowledging that abuse itself is never justified, have argued that minor physical correction is acceptable in certain circumstances and that individuals should not risk criminal prosecution as a result of their parenting techniques. This paper reviews the content of s. 43 and its relatively recent judicial interpretation by the Supreme Court of Canada, a majority of which upheld the provision in 2004. It then discusses past proposals to repeal the section, and the legal effects that such a repeal would have, given the definition of assault in Canada’s Criminal Code and the availability of common law defences. Finally, public opinion on abolishing s. 43, research regarding the effects of physical punishment and international perspectives on the issue are briefly examined. "

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