ORGAN DONATION

April 19, 2007
M. Elaine Harvey, Chair, Standing Committee on Legislation, presents our concerns about Bill 67,Organ and Tissue Donation Mandatory Declaration Act, 2007 to the Standing Committee on the Legislative Assembly which is studying this Private Member’s Bill sponsored by Frank Klees, MPP Oak Ridges.

While CFUW has policy supporting organ donations, Ontario Council and Ms. Harvey became very concerned about the wording of this bill and the nature of the public opinion gathered by the Citizens Panel on Increasing Organ Donations.

Mr. Klees, in his preliminary remarks, thanks Ms. Harvey and Ontario Council for noticing the problem, and has given notice to move an amendment to incorporate the concern.

Frank Klees:
“I want to make reference to one specific letter that I received from Linda MacGregor, the president, and Elaine Harvey, the chair of the education standing committee of the Canadian Federation of University Women, Ontario Council. In that letter they pointed out something that, quite frankly, I as the drafter of the bill had missed. That was, while the intent was very clearly stated—that individuals would be given an opportunity to express their wishes, yes, no or undecided—they pointed out that the “undecided” reference was not specifically referenced in the legislation. They felt that it would be important to incorporate that in the legislation. I just want to give notice at the very outset that it’s my intention, when we go into clause-by-clause, that I will be moving an amendment to incorporate that very specific term so that it’s very clear that we want to ensure that individuals are given the opportunity to consider the important issue of organ donation, that no one intends to force anyone into making a decision, thereby leaving the “undecided” option available to individuals as an expression of their position on this.”

March 5, 2007
A letter is sent to the Premier concerning a serious human rights flaw in the current public input by the Citizens’ Panel on Organ Donations which is also reflected in Bill 67, Organ and Tissue Donation Mandatory Declaration Act, 2006.

The Honourable Dalton McGuinty
Premier of Ontario
Queen’s Park
Rm 281, Main Legislative Building
Toronto ON M7A 1A4

Subject: Bill 67 -- a Human Rights Flaw

Dear Premier

I am sure you are aware that proposed Bill 67, Organ and Tissue Donation Mandatory Declaration Act, 2006, requires the applicant for renewal of a driver’s licence or a health card to make a declaration regarding organ donations.

As President of the Canadian Federation of University Women/Ontario Council, I would like to register our grave concern that the choice of options available in the declaration does not accommodate those who, for religious and/or personal reasons, are opposed to donating their organs. The declaration assumes that all declarers are either in favour of having their organs donated or have not yet decided [Bill 67, Sections 1(5) and 2(13.2)].

In spite of the assertion by the MPP for Oak Ridges in Hansard 30 March 2007, that “what the application allows for is a yes, a no or an undecided”, the option to say “No” is not included in the Bill. Not providing the option of refusal, I would suggest, is contrary to the Universal Declaration of Human Rights [Art.18-19], the Canadian Charter of Rights and Freedoms [Art.2], and the Ontario Human Rights Code [Preamble]. It also forces applicants who are opposed to donating their organs to declare an untruth (that they haven’t decided yet) in order to renew their licence and health card.

Similarly, I might point out that the questionnaire to provide input to the Citizen’s Panel, both online and in hard copy, does not provide a choice of answers for those people who oppose organ donations. This apparent flaw unfortunately skews the results of the questionnaire and leaves any interpretation of those results completely unreliable.

We would like to emphasize that CFUW/Ontario Council as an organization is not opposed to organ donations. In fact, we are in support through the CFUW national policy Organ and Tissue Donation Awareness in Canada. However, we recognize the right of individuals to make their own decisions.

We trust that you will ensure that this Bill, if passed, does not infringe on Human Rights.

Yours truly
Linda MacGregor, President,
M. Elaine Harvey, Chair, Legislation Standing Committee

cc.
The Honourable George Smitherman, Minister of Health and Long-Term Care
The Honourable Donna Cansfield, Minister of Transportation
Mr. Ernie Parsons MPP, Chair. Standing Committee on Social Policy
Mr. Frank Klees, MPP (Oak Ridges)