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C-13: Cloning and Bio-Ethics |
How are AHR Technologies Currently Regulated?
Canadian Institutes of Health Research Guidelines
Currently, Canada has no federal legislation governing assisted human reproduction
and genetic research using human reproductive materials. Scientists and researchers
seeking federal funding follow guidelines set by the Canadian Institutes of Health Research
(CIHR); a parliamentary body created in 2000 that is Canada’s primary federal funding
agency for medical research. In 2002, the Canadian Institutes of Health Research (CIHR)
issued a revised set of guidelines:
- Scientists cannot create embryos solely for research purposes, either to create
stem cell lines or to perform other research
- They can perform research on surplus human embryos produced for infertility treatments
that are up to fourteen days old. (Since 1987, infertility clinics have routinely
been performing research on excess embryos in order to improve success rates.)
- Stem cells can be created using surplus human embryos left over from infertility
treatments that are up to fourteen days old (this has only been permitted since 2002).
- Researchers must have free and informed consent from donors before using adult
stem cells for research. This consent must be renewed at the time that the actual
research takes place, to give donors a chance to change their minds
- Researchers cannot use eggs, sperm, or embryos obtained through a commercial transaction.
- Research on stem cell lines obtained from outside of Canada is only permitted if
the stem cells were created following CIHR guidelines
- It is not permitted to combine non-human stem cells with a human embryo or fetus
Despite the guidelines, groups argue that Canada needs comprehensive human reproductive
legislation for several reasons:
- Guidelines are tied to receiving federal funding, which means there are no legal
implications for not following them. Theoretically, scientists who don’t require funding
could ignore the guidelines.
- The guidelines have little impact on the commercialization of sperm and eggs. Currently,
privately run infertility clinics in Canada routinely pay men $70 for sperm donations,
while women can earn up to $2,000 for egg donations. Furthermore, childless couples
may pay a surrogate up to $15,000 to carry a baby to term.
- The guidelines can be revised at any time without being debated in Parliament.
For example, the revised guidelines end a voluntary moratorium by the scientific community
on embryonic stem cell research. While the government supports the limited stem cell
research proposed in the guidelines, it could be extended at any time without parliamentary
approval.
- Lack of parliamentary debate means the public is often not aware of the issues.
The fact that fertility clinics have been performing research on surplus human embryos
since 1987 only came to light in the recent debates over Bill C-13.
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