Is Some Regulation of Medical Research Using Human Embryos Better Than None?

Re: Bill C-13, Assisted Human Reproduction Act 

By Peter Ryan

One of the main arguments in favour of placing some legal restrictions on medical research using (and destroying) human embryos in order to obtain their stem cells is that some regulation of the practice, as proposed by Bill C-13, is better than no regulation at all, as at present. Therefore, its proponents contend, even those concerned about respect for human embryos should support the legislation. I submit that, in the current circumstances, this argument is invalid because it relies on a misunderstanding of the current research situation in Canada.

The foregoing argument would be valid if embryonic stem cell research were presently widely practised. Then the legislation of regulation would arguably place some restrictions on the current practice. However, this type of research using embryos from fertility clinics is not widely practised at present, if at all.

Last year Alan Bernstein of the Canadian Institutes for Health Research (CIHR) stated, "The reality is, in Canada, almost anybody who's contemplating this sort of work, is funded by us." ( CTV News 3 March 2002). The CIHR does anticipate such funding, and has introduced guidelines for it. However, as of April 2003, CIHR had not yet begun funding embryonic stem cell research, pending federal legislation. (Dr. Bernstein also stated that the CIHR guidelines would be adjusted to the legislation.)

The reality, then, is that embryonic research for stem cells generally has been on hold, waiting precisely for legislation like Bill C-13. Therefore, it is reasonable to expect that the passage of Bill C-13 could move us from a situation of general non-practice of embryonic stem cell research to a situation where the practice, in fact, becomes widespread.

Consequently, those concerned about respect for human embryos should oppose Bill C-13, for it would place embryos at far greater harm than currently exists.

Thus, any analogy between regulating research using embryos and introducing legal restrictions on the practice of abortion fails. Abortion is presently very widely practised. Were some legislative regulation restricting the practice now to be introduced, it would merit consideration from the point of view of respect for unborn life.

Some regulation of a practice is not always better than none. It depends on the circumstances. In the current Canadian situation with research using embryos, Bill C-13 creates a new public sanction of a previously unapproved practice.

Peter Ryan represents New Brunswick on LifeCanada's Board of Directors