An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Joy Smith  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to include a minimum punishment of imprisonment for a term of five years for offences involving trafficking of persons under the age of eighteen years.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Sept. 30, 2009 Passed That the Bill be now read a third time and do pass.
Sept. 30, 2009 Passed That Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), as amended, be concurred in at report stage.
Sept. 30, 2009 Failed That Bill C-268 be amended by deleting Clause 2.
April 22, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

May 1st, 2013 / 3:50 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Thank you, Mr. Chair.

Welcome, Mr. Hooper and Ms. Legault-Roy. Thank you for coming today.

Mr. Hooper, you and I know each other very well. Timea Nagy is an amazing victim who has risen above and is now helping police officers and is doing a lot of very good work. Mr. Hooper, as a lawyer for her organization, I have to thank you for all your volunteerism and for the work you have done as well.

Taking a look at this issue, you have described very well what we're looking at. It can be the girl next door. It can be people from abroad. I remember when Timea Nagy first came into Canada. She was trafficked from Hungary, as you know, and she was in a much different place from where she is right now, as one of the leaders in Canada, in my opinion, for helping victims of human trafficking.

In regard to the case you referred to in terms of the forced labour, I know between Timea, Toni Skarica, and a few of us, we did a lot of work on that one.

Looking at this whole bill from Maria Mourani, as you know, Bill C-268 and Bill C-310 did certain things to help with this issue of human trafficking. I would like you to talk a little bit more about how Bill C-452 will help the victims of human trafficking, because that is the issue here, where the victims go to court and they won't talk. I know for the men in the forced labour case it was a horrendous experience, and they actually had organized crime from Hungary after them as well, trying to come into Canada. In Bill C-310 we authorized the assumption of extraterritorial jurisdiction so that Canadian prosecution could happen if Canadian citizens or permanent residents who commit human trafficking went abroad. Then we had an interpretive provision, which expanded the definition of human trafficking to enable the courts to bring justice to these perpetrators. Bill C-452 will help the victims as well.

Mr. Hooper, I would like you to expand on your explanation of how this bill would apply to help these victims. Could you do that for us?

Criminal CodePrivate Members' Business

January 29th, 2013 / 6:20 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, tonight I am so pleased to have the opportunity to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

As I have listened to the speeches tonight. It warms my heart to see members in the House who have worked together, and are continuing to work together, to stop this heinous crime in our country.

The member for Mount Royal has done much over the years to stand up for human rights. His Bill C-49 did much to bring the awareness of human trafficking to the forefront, and I thank him for that.

I also want to thank you, Mr. Speaker, as the member for Windsor—Tecumseh. When I first started working on my Bill C-268, I remember your support and your questions. I remember your input in making that bill go through.

As parliamentarians we are standing up against the perpetrators who feed on innocent victims in our country. Now public awareness is coming to the forefront. This is a pressing issue that we are addressing. Human trafficking, as we all know, continues to be a violation of fundamental human rights whose protection forms a basis of our free and democratic country. I want to thank all members for the input we have heard today.

Before I turn to the proposals in the bill itself, I would like to make some general comments on the nature of human trafficking and its severe impact on the victims to underscore the importance of ensuring the strongest possible criminal justice response to this crime.

Traffickers force victims to provide labour or services in circumstances where they believe their safety or the safety of someone known to them will be threatened. If they fail to provide that labour or service, they are deprived of the very rights that underpin a free and democratic society, a society that we hold dear in Canada.

The reality is that victims often suffer physical, sexual and emotional abuse, including threats of violence or actual harm to their loved ones. It does not only encompass the victims. One technique the predators have is to threaten their siblings and their relatives by telling them that they will be next. I have numerous cases where that has happened. That is how they control the victim from whom they earn so much money. Records show right now that a perpetrator earns between $250,000 and $260,000 a year from a victim. It is all about money. It is all about a despicable crime that is happening in our country that touches everybody. Everybody should be aware of it because sooner or later they will hear about it or be touched by it.

In Parliament today we are taking one more step to ensure that Bill C-452 is passed, examined in committee to make it even stronger. By working together, we can make this happen.

To further aggravate the human trafficking problem, the type of criminal conduct is not just something that happens occasionally on the margins of society. Rather, it is widespread in our communities as evidenced by the global revenues generated by it, which are estimated to be about $10 million U.S. per year. This puts human trafficking within the top three money-makers for organized crime. However, it is not just organized crime that is involved in human trafficking. So too are entrepreneurial people who feed off the suffering of innocent victims and control them so they can have money in their pockets to have a better life.

What are we doing about it? I am pleased to report that the government's response to this crime is strong and multifaceted.

First, we have a veritable arsenal of criminal offences that apply to this reprehensible conduct. In 2003 three trafficking offences were added to the criminal code. In 2010 a new offence of child trafficking was enacted through Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), which was sponsored by myself at that time. This offence imposes mandatory minimum penalties on those who traffic in persons under the age of 18.

In 2012 former Bill C-310, An Act to amend the Criminal Code (trafficking in persons), which was another bill sponsored by myself, extended extra territorial jurisdiction for all Criminal Code trafficking offences and enacted an interpretative tool to assist the court in interpreting the trafficking in persons provisions. Why did that happen? When we sat in a court, we heard lawyers trying to prove that the victim initially was not afraid. Was not afraid, why? How perpetrators work is the victim is not afraid. Most perpetrators come on as the victim's friends. They give the victims everything they want. It is only after they separate them from their infrastructure, family, community and friends and get them alone and take all their identification does the relationship change.

That is when the victims are beaten, raped and shot up with drugs. They are unrecognizable when they are seen on the street corners. These are innocent victims who need the love, care and rescuing to renew their lives. Many young girls who have been rescued are doing phenomenal things.

I was at a special event for Walk With Me, with Timea Nagy, a former trafficking victim in our country. She has done much to rescue victims, much to help restore the lives of these innocent victims.

All of these things, in addition to the trafficking specific offence contained in the Immigration and Refugee Protection Act, section 118, which prohibits transnational trafficking and the numerous Criminal Code offences that address trafficking-related conduct, such as forcible confinement, kidnapping, sexual assault and uttering threats, are few examples of the arsenal of crime bills that we have to protect the innocent victims in our country.

That is not all. In recognition of the multifaceted nature of this problem, our government launched the national action plan to combat human trafficking June 6, 2012. The action plan recognizes that a comprehensive response to human trafficking must involve efforts to ensure what we refer to, and I know everyone here in the House is familiar with, as the four Ps: the protection of victims; the prosecution of offenders; partnerships with key players; and the prevention of the crime in the first place.

All activities are coordinated through the human trafficking task force, which is led by Public Safety Canada. This is without a doubt a comprehensive response to a complex problem, but more can always be done. Where more can be done, more should be done, especially when efforts serve to address a crime as insidious as human trafficking.

That is why I commend the member for Ahuntsic who has put forward Bill C-452, which proposes a number of reforms that would strengthen the response I have just described.

It seeks to impose consecutive sentences for trafficking offences and any other offence arising out of the same event or series of events. The bill would also create a presumption that would assist prosecutors in proving the main human trafficking offence. It would require a sentencing court to order the forfeiture of the offenders property unless they could prove their property was not the proceeds of crime.

The very first trafficking case that came to justice in Canada was a very short while ago. It was the Imani Nakpangi case where a 15 and a half year old girl was trafficked. He made a lot of money out of her, over $360,000 that we know of today. The forfeiture of the proceeds of that crime is so important. Bill C-452 has that element in the bill.

Although some amendments would be required to address specific legal concerns, Bill C-452 would undoubtedly strengthen the response to human trafficking and as such merits all our support.

Legal concerns would have to be addressed. For example, the bill should not overlap with amendments that have already been enacted by previous bills, such as Bill C-310, as this would cause confusion in the law. We do not want that to happen. The bill should also avoid compromising the government's efforts to defend the living on the avails offence along with other prostitution-related Criminal Code offences. These are the kinds of things that we will examine and work on in committee, and we are very proud to do that.

I want to thank the member once again for her hard work on this human trafficking issue. I want to thank all members in the House for taking up this cause and protecting the rights of innocent victims.

The Criminal CodePrivate Members' Business

January 29th, 2013 / 5:50 p.m.
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Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I am pleased to join in the second reading debate on Bill C-452, an act to amend the Criminal Code (exploitation and trafficking in persons). I believe the bill addresses a matter of utmost importance: the criminal justice system must respond effectively to the crime of human trafficking.

Bill C-452 seeks to achieve the important goal of strengthening the criminal justice system's response to this heinous crime. Bill C-452's predecessor, Bill C-612, an act to amend the Criminal Code (trafficking in persons), also sponsored by the member of Parliament for Ahuntsic, proposed similar amendments but died on the order paper at second reading with the dissolution of Parliament in 2011.

The objectives of the bill merit support. Its proposals seek to hold offenders accountable, impose penalties that befit the severity of the crime and assist in ensuring that offenders do not reap the rewards of their wrongdoing. There are, however, some legal issues raised by the bill's proposals, which I have no doubt can be addressed through amendments.

Bill C-452 proposes to amend the Criminal Code in a number of different ways.

First, it seeks to require that sentences imposed for procuring, section 212, and trafficking offences, sections 279.01 to 279.03, be served consecutively to any other sentence imposed. It also seeks to clarify that the main trafficking offence, section 279.01, would apply regardless of whether the crime occurred in a domestic or international context.

Further, it would add a presumption that an accused is exploiting a trafficking victim if he or she is shown to be habitually in the company of that victim. It would modify the definition of exploitation for the purposes of the trafficking offences to include specified means.

It would also modify the provision that imposes a reverse onus for forfeiture of proceeds of crime for certain offences to apply to both procuring and trafficking offences. Finally, it would make a small technical amendment to the French definition of exploitation, in section 279.04.

One concern raised by certain proposals in the bill involves the Bedford case, which is currently before the Supreme Court of Canada. Bedford involves a Charter challenge to three prostitution-related Criminal Code provisions, including living on the avails of prostitution offence, paragraph 212.(1)(j), which is contained in the procuring provision, section 212. Any amendments impacting on this provision could compromise the government's defence of its constitutionality.

Another concern is that some of the proposals relate to issues already addressed by former Bill C-310, An Act to amend the Criminal Code (trafficking in persons), which was sponsored by the hon. member for Kildonan—St. Paul and came into force in June 2012.

Former Bill C-310 extended extraterritorial jurisdiction for all Criminal Code trafficking offences and clarified the definition of exploitation in section 279.04 by creating an interpretive tool to assist courts in determining whether a person has exploited another for the purposes of the Criminal Code trafficking offences.

New amendments that overlap with recently enacted reforms could cause confusion in the law, which may create inconsistency in enforcement and interpretation. These concerns and others could be addressed through amendments to ensure consistency and clarity in the law and manage legal risk.

The bottom line, however, is that we should all support any proposals that would strengthen our response to a crime that is as pernicious and heinous as human trafficking. This crime is commonly referred to as a form of modern-day slavery.

There has been some confusion, both within Canada and internationally, about the nature of this crime. Given the breadth of the issue, the complicated way in which it can be carried out and the diversity of both its victims and its perpetrators, it is no wonder that the global community has struggled with defining it.

However, I can say to Canadians that our government continues to take steps to improve our responses to this very destructive criminal activity.

On June 6, 2012, the government launched Canada's national action plan to combat human trafficking to enhance our ability to prevent this crime, better support victims and ensure that traffickers are held accountable. We are directing more than $25 million over four years to implement this plan.

Specifically, the national action plan emphasizes the need for awareness in vulnerable populations, support for victims, dedicated law enforcement efforts and for all Canadians to prevent the trafficking of individuals.

Among other things, the national action plan launched Canada's first integrated law enforcement team dedicated to combatting human trafficking; increased front-line training to identify and respond to human trafficking and enhance prevention in vulnerable communities; provides more support for victims of this crime, both Canadians and newcomers; and strengthens the coordination with domestic and international partners who contribute to Canada's efforts to combat human trafficking.

Further to this, Canada ratified the United Nations protocol to prevent, suppress and punish trafficking in persons, especially women and children. The protocol's definition of human trafficking is consistent with Canada's four specific trafficking in persons offences, which provide us with a comprehensive domestic definition of this horrible crime. There are also many other Criminal Code offences that can be used to address related conduct.

As I mentioned, we have four trafficking-specific offences in our Criminal Code. The main offence of trafficking in persons, section 279.01, protects all persons by prohibiting the recruitment, transportation or harbouring of a person for the purposes of exploitation.

The child trafficking offence, section 279.011, is the same as the main trafficking offence, with the exception that it imposes mandatory minimum penalties for trafficking in children. It was enacted by another bill sponsored by the hon. member for Kildonan—St. Paul, former Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), which came into force in June 2010.

I noticed that my colleague from the Bloc, who was speaking, mentioned a person under the age of 12. This unfortunately is something that does touch our children.

The two other trafficking-specific offences prohibit receiving a material benefit from the trafficking of a person and withholding or destroying documents in order to facilitate the trafficking of a person, sections 279.02 and 279.03. The Criminal Code also defines exploitation for the purposes of these offences in section 279.04.

Bill C-452 would add heavier penalties to this important group of offences by requiring the imposition of consecutive sentences for engaging in this type of reprehensible conduct. No one would disagree that penalties for this type of offence should be severe.

Bill C-452 would also require a sentencing court to order the forfeiture of offenders' property unless they disprove that their property is the proceeds of crime. We must ensure that traffickers are not permitted to keep the financial benefits of their insidious exploitation of others.

Bill C-452 would also create a presumption that would assist prosecutors in proving the main trafficking offences by proving a related fact, that the accused lived with or was habitually in the company of an exploited person. This type of offence is very difficult to investigate and prosecute, especially given that witnesses are usually afraid to come forward due to threats and intimidation. In particular, such a presumption could assist in holding an accused accountable or the prosecution's case rests heavily on the fact that the accused was living with or habitually in the company of an exploited person. However, this proposal requires amendments to ensure that it applies equally to the child trafficking offence, and the language should also be consistent with other Criminal Code presumptions so that the proposed presumption achieves its goal. These amendments would assist in securing convictions, ensure that punishment is proportional to the severity of the crime and deprive offenders of their ill-gotten gains.

I believe these are goals we can all support.

March 15th, 2012 / 12:30 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

I want to say that our government has put $5 million into the human trafficking initiative. It's the first time that's ever happened.

I think all parliamentarians, as Mr. Woodworth said, have been a good part of why that happened because everyone is working together to try to make this happen. The national strategy is something we're working on now. The Prime Minister did announce that during the last election, and I'm delighted about that.

I have to thank all parliamentarians for allowing Bill C-268 to go through. It's being used today, on the ground in Canada.

This is a heinous crime. I would invite everyone to read a book. I get nothing out of this book, but it's Canada's story, Invisible Chains. Read that book. It talks about what's happening here in Canada.

It's going to take a nation working very hard to get this done.

March 15th, 2012 / noon
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

We know right now of cases that are sitting there. We know Canadians right now who are doing exactly that. They have brothels. We have a man who set up a brothel in Haiti. Publicly I hate to say too much because we're just waiting for this bill to get through. His youngest victim is four years old. Not only that, he comes back to Canada and he continues what he does to Canadian children. It's a matter of putting as many tools in place for police officers so they can grab these cases.

If you look at our history right now, we had Bill C-49, our first trafficking bill, which had royal assent in 2006. That's a brand-new law. Then my bill went through, Bill C-268, mandatory minimums, and now we're getting more tools for them. If you look at the grid, we used to have no trafficking cases. To date we have 19 human trafficking cases in Canada with specific charges related to Bill C-268, and we have 55 human trafficking cases now before the courts that are related to other laws that we have here in Canada. Of the 19 cases or 55 cases, what I am trying to get across is we used to have none. Now, suddenly because we have put those laws in place, they are catching these people, and with Bill C-310.... I know right now of one case extremely close to the Hill that we've been looking at for some time.... We can't touch him unless he goes through the States, and he doesn't.

Criminal CodePrivate Members' Business

October 25th, 2011 / 5:15 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

moved that Bill C-310, An Act to amend the Criminal Code (trafficking in persons), be read the second time and referred to a committee.

Madam Speaker, today I am pleased to rise and speak to my private member's bill, Bill C-310, An Act to amend the Criminal Code (trafficking in persons). This bill follows my previous bill, Bill C-268, which created Canada's child trafficking offence with stiff penalties for individuals trafficking a minor in Canada. Having received royal assent on June 29, 2010, Bill C-268 is now law and is being used across Canada, most recently in a case right here in Ottawa.

Bill C-268 was supported by members from multiple parties in the last Parliament. I want to take a moment to thank the members from the Conservative Party, NDP, Liberal Party and Green Party for offering their support for Bill C-310. This bipartisan support reveals that members on both sides of the House are committed to combating human trafficking.

The term “human trafficking” can often be mistaken as human smuggling, which is the illegal movement of people across international borders. However, we must be clear and concise about what human trafficking is during our debate tonight.

Human trafficking is the illegal trade of human beings for sexual exploitation or forced labour or other forms of slavery. Human trafficking is nothing short of modern day slavery. The focus of my bill is on combating the enslavement of individuals both in Canada and abroad.

I would like to begin by speaking to the recent Ottawa case that I referred to a few minutes ago to demonstrate the reality of human trafficking here in Canada. Last week, Montreal police caught up to Jamie Byron, who was charged by the Ottawa police force for a number of serious human trafficking-related offences, including the trafficking of a minor. Mr. Byron, considered to be violent, is also wanted in Toronto for robbery, uttering threats and possession of a dangerous weapon.

I would ask members to take a moment and consider that only a few blocks away from where we are sitting today in the House, Jamie Byron was forcing underage girls into prostitution. The methods he used were particularly heinous. In a downtown Ottawa hotel a young 17-year-old girl trafficked from Windsor, Ontario was starved until she agreed to be a prostitute. This is nothing short of slavery.

As parliamentarians, we must be resolved to eradicating all forms of this slavery, both in Canada and abroad. The first clause in Bill C-310 would amend the Criminal Code to add the current trafficking in persons offences 279.01 and 279.011 to the list of offences which, if committed outside Canada by a Canadian or permanent resident, could be prosecuted in Canada. The very nature of human trafficking requires an international focus.

Canada is known as a source, transit and destination country for human trafficking. The human trafficking offence in section 279.01 states:

Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person...or exercises control, direction or influence over the movements of a person...for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence--

I would like to provide a basic example of how Bill C-310's amendment to extend extraterritorial jurisdiction to human trafficking offences would apply in an international human trafficking case.

Human trafficking can often have global implications with traffickers recruiting in one country and sending victims to another country. For example, if a Canadian trafficker were to situate him or herself in Romania and recruit, transport, transfer, receive, hold or control victims to be exploited in Canada or even within Romania, the amendment in Bill C-310 would ensure that person could be held criminally responsible in Canada.

However, if the trafficker were to return to Canada today without being caught or apprehended in Romania, the individual would not be guilty of an offence under Canadian law. In a reverse situation, this amendment would also ensure that Canada's trafficking in persons offences would apply to a Canadian who was trafficking Canadian victims within and throughout other countries.

Let us look at a real life example. John Wrenshall is a Canadian serving 25 years in an American prison for running a child brothel in Thailand. He was recruiting, holding and controlling boys as young as four years old and arranging for international child sex tourists to visit his brothel. Mr. Wrenshall even admitted to the court that his brothel was linked to a Thai pedophile sex trafficking ring.

The U.S. arrested Mr. Wrenshall in the U.K., after he left Thailand, for a number of a charges, including aiding and abetting Americans to sexually abuse children abroad.

However, had Mr. Wrenshall managed to return to Canada, we would not have been able to prosecute him for human trafficking since Canada's trafficking in persons offences are not extraterritorial.

I also want to note that this amendment would apply to people who traffic victims for sexual exploitation, as well as for forced labour or slavery. This is important, as we know that men, women and children have been recruited abroad and trafficked to Canada for the purposes of forced labour.

Extraterritorial laws are guided by a number of principles under international law. Bill C-310's amendment would fall under the nationality principle that can be defined as “States may assert jurisdiction over acts of their nationals wherever the act might take place.

Canada has designated a number of serious Criminal Code offences as extraterritorial offences, especially those related to the sexual abuse of children by Canadians sex tourists. These can be found in section 7.4 of the Criminal Code.

There are three primary purposes of designating a criminal offence with extraterritorial jurisdiction. I would like to review these with regard to human trafficking.

First, an extraterritorial human trafficking offence would allow Canada to arrest Canadians who have left the country where they engage in human trafficking in an attempt to avoid punishment here in Canada.

Second, an extraterritorial human trafficking offence would ensure justice in cases where the offence was committed in a country without strong anti-human trafficking laws or strong judicial systems.

Finally, an extraterritorial human trafficking offence would clearly indicate that Canada will not tolerate its own citizens engaging in human trafficking anywhere in the world.

While it would not be conventional to start applying extraterritorial jurisdiction to every Criminal Code offence, there is significant international precedence to do so for human trafficking offences. For example, a number of countries, such as Germany, Cyprus and Cambodia, have applied international jurisdiction to their domestic human trafficking offences so that they can prosecute their own citizens regardless of where the offences took place.

The UN Organized Crime Convention requires a state's parties to establish jurisdiction to investigate, prosecute and punish all offences established by the convention on the trafficking of persons protocol, which Canada has done.

However, in 2009, the United Nations handbook for parliamentarians on combating trafficking in persons also notes that the Organized Crime Convention encourages the establishment of jurisdiction on an extraterritorial basis. In 2003, the UN resource guide to international regional legal instruments, political commitments and recommended practices stated:

The adoption of extraterritorial criminal laws against human trafficking is one of the many intersectoral and interdisciplinary measures required to effectively combat this phenomenon.

The UN guide also stated:

Extraterritorial laws should be appreciated realistically as one of the many complementary measures needed to eliminate human trafficking, coupled ultimately with the political and social will and cooperation to overcome this global phenomena.

Prior to tabling Bill C-310, I consulted with numerous stakeholders on this matter of extraterritorial offences. This included law enforcement, prosecutors, and non-governmental organizations.

On further reflection, I will be seeking a friendly amendment at committee stage to add sections 279.02 and 279.03 to this clause. These are offences of receiving material or financial benefit from human trafficking and withholding or destroying travel documents in the process of human trafficking. This would ensure that all of the acts around human trafficking are covered by extraterritorial offences and there is no chance for a Canadian human trafficker falling through the cracks.

The second clause of Bill C-310 would amend the definition of “exploitation” in the trafficking of persons offence to add an evidentiary aid for courts to consider when they are determining whether a person was exploited.

Evidentiary aids are already used in our Criminal Code. In fact, the evidentiary aid found in section 153(1.2) of the Criminal Code provides greater clarity to the courts on what constitutes sexual exploitation of a minor.

There is also an evidentiary aid found in section 467.11(3) that provides additional guidance on what constitutes participation in organized crime.

This amendment stems from consultations with law enforcement, lawyers and prosecutors who have faced challenges demonstrating exploitation and trafficking in persons under the current definition. They feel that the current definition of “exploitation” is worded in such a way that it has caused courts to interpret “exploitation” too narrowly. The current definition hinges on an assumption that victims feared for their own safety or for the safety of someone known to them so much that they were compelled to provide a labour or a service. This has often been interpreted as a concern for one's physical safety.

UBC professor Benjamin Perrin, in his landmark book on human trafficking in Canada, called Invisible Chains, writes, “It could be argued that safety should not be restricted simply to physical harm but also should encompass psychological and emotional harm”. He goes on to point out that Canada's definition of “human trafficking” does not include methods of exploitation that are consistent with the UN Palermo protocol. The Palermo protocol states:

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

The heart of this amendment is to provide an aid to the courts that clearly demonstrates the factors that constitute exploitive methods. In my amendment, I have proposed including “use or threats of violence, force or other forms of coercion and fraudulent means”.

Similar to the first clause of this bill after it was tabled in Parliament, upon reflection, I believe it would be helpful to also include the term “use deception and abuse a position of trust, power or authority”.

I will also be seeking a friendly amendment for these minor changes at committee to ensure this bill is sound and will accomplish what we want it to do.

I would like to share some of the feedback I have already heard from stakeholders regarding Bill C-310.

Jamie McIntosh of IJM stated:

The crime of human trafficking often transgresses international boundaries, with vulnerable men, women, and children subject to its devastating reach. Human traffickers, including those of Canadian nationality, will persist in their illicit trade if they believe their crimes will go unpunished. Extending authority to prosecute Canadians for human trafficking crimes committed abroad is an important step in the global fight against human trafficking. As a nation, we must commit to prosecuting Canadian nationals who commit these crimes, regardless of geographical location at the time of offence.

UBC law professor Benjamin Perrin said:

Human traffickers have evaded prosecution for their heinous crimes, in part, because Canada's criminal laws are not explicit enough to clearly encompass the range of tactics employed by these serial exploiters....I call on all Parliamentarians to support this initiative.

Timea Nagy, who is the program director of Walk with Me, and a survivor of human trafficking herself, writes:

As an internationally trafficked survivor, who has been working with Canadian law enforcement to help human trafficking victims, I am absolutely thrilled to see this legislation.... This Bill will help Canadian law enforcement and prosecutors to be able to do their job and send a message to traffickers around the world, that Canada does not tolerate this crime against human dignity.

There are so many more organizations and experts that I could list but I do not have the time to do so. It is important that Parliament continue to act to combat modern day slavery. Human trafficking is a national and international crime and this legislation addresses both.

By supporting Bill C-310, each member of this House plays an important role in strengthening the tools used by police officers and prosecutors and in securing justice for victims of trafficking both here in Canada and abroad.

October 20th, 2011 / 9:40 a.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Thank you, Mr. MacKenzie, and thank you to everybody who came to committee today.

My question will be for Mr. Kennedy.

Mr. Kennedy, obviously you are one of Canada's heroes for the great sacrifice you made in coming forward and telling your story, because no one knows better than the victim of such a crime. You broke a lot of ground. I've worked with a lot of victims over a lot of years, and they always say, if Mr. Kennedy could do it, I can do it. I don't think you hear that often enough.

Having said that, I've heard a lot today about crime prevention and about making sure our streets are safe in terms of programs for victims. I know, Mr. Kennedy, that the anti-drug strategy we put $89 million into is something that would be in that category of crime prevention. Also I know that the first child advocacy centre in Vancouver, which was put in place for the victims of crime, is something that probably you would have wanted years ago when it wasn't there. Also, the $26 million to continue the federal victims strategy is something that I think is of paramount importance in our country and something that wasn't there for you when you went through all of this.

And of course my bill, Bill C-268, concerning mandatory minimums for traffickers of children eighteen years and under, basically fits into the same category, as does Graham James. This guy got three and a half years, and he has basically written off the record.

As you've said in your testimony, you don't think any child molester should have a pardon. Obviously it is something that has made the world aware of all these things, that you came out, you spoke, and in your unfortunate and very devastating experience all these things culminated in your becoming Canada's hero by rising up against it.

So how did you feel, Mr. Kennedy, when Mr. James actually got off almost, I would say, scot-free?

Criminal CodeRoutine Proceedings

October 3rd, 2011 / 3:05 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

moved for leave to introduce Bill C-310, An Act to amend the Criminal Code (trafficking in persons).

Mr. Speaker, I am very pleased to introduce another bill that would support my last bill, Bill C-268, a human trafficking bill. If trafficking is committed by a person outside Canada, by a Canadian or a permanent resident, they can be prosecuted in Canada.

Also, the second amendment would enhance the current definition of exploitation in the trafficking in persons offence, giving specific examples.

The rising crime of human trafficking is still very much something about which to be concerned. I know 10 years ago when my son was in the ICE unit, he taught me a lot about what happened with the trafficking of victims. I began working with victims.

It is imperative that all members on this side of the House support this kind of private member's bill that would do something to help the victims of the heinous crime.

(Motions deemed adopted, bill read the first time and printed)

Criminal CodePrivate Members' Business

March 24th, 2011 / 6:15 p.m.
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Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, the hon. member for Ahuntsic introduced Bill C-612 after holding a number of consultations and having the legal rules explained—since this is not her primary profession—that need to be respected in order for her proposed improvements to have a legal impact and to make clarifications. When a private member's bill is introduced it is not enough to have good intentions. Such bills need to be translated into legal language that will have consequences.

That is where another hon. member went wrong. Her definition of human trafficking was so broad that it ended up only covering exploitation. It was clear that the Supreme Court would have rejected it because of the minimum sentence. It would have used the same reasoning as it did in the Smith case in the 1980s. In that famous case, the Supreme Court studied the minimum sentence of seven years in prison for importing narcotics. It found that the definition was so broad that even the smallest amount of imported marijuana would be punishable by a minimum sentence of seven years in prison. It found that to be unreasonable and declared that minimum sentence unconstitutional; it has not be reinstated since.

If a minimum sentence were established for simple exploitation, without regard for the duration, the type of exploitation or its extent, the Supreme Court would uphold the same reasoning. I have defended it without using authority as argument. Here we should naturally be concerned with applying the charter, which outlines the principles of justice we should all share. The charter in this case has made Parliament a little irresponsible. In this case, the changes are useful and it is clear that they were made following consultations with people who apply them. They fill the gaps that were hindering enforcement.

The first change has to do with jurisdiction. It is rare for Canada to claim, as France does, to oversee the conduct of all individuals on Earth. France claims that, no matter where an offence is committed, France has jurisdiction over it. Canada has applied its jurisdiction in a certain number of cases that were perfectly justified and it did so again recently. Canada assumes extraterritorial jurisdiction for crimes having to do with sexual exploitation abroad. That is the first amendment being proposed in clause 1.

Next, consecutive sentences are added. I would like to respond to the member for Notre-Dame-de-Grâce—Lachine by saying that, even when consecutive sentences are imposed, judges retain their discretion. Consecutive sentences have a certain amount of importance in this situation. Very often, the pimp lives with his victims. He sexually abuses them and changes victims regularly. His victims will not file a complaint about their situation. Nevertheless, the police can establish that the person is being exploited. Very often, the pimp who is living with the victim is the one who is exploiting her. A presumption is therefore created.

The presumption is created based on observations made by police.

I would like to come back to the consecutive nature of the sentence. The judge retains his or her discretion. Most of the time, the pimp leads a life of crime and has committed many other offences. When he is arrested, he will likely face a number of charges. Sexual exploitation of women, particularly if they are also young, is an offence that must be clearly indicated and he must understand that a specific sentence will be imposed for that offence. The sentence for this offence should not be buried under the other sentences he may have to serve, for example, if he has stolen goods in his home, if he is in possession of drugs, if he is in possession of a large quantity of drugs, if he has been trafficking in drugs. No. He must understand that the sentence being imposed on him is for the sexual exploitation of the woman. This does not take away from judges' discretion, but requires them to specify which punishments are for which crimes in a given case.

Indeed, one of the major shortcomings we found with Bill C-268, which was introduced by the member for Kildonan—St. Paul, is that the definition of “exploitation” was too broad. I would like to remind the members of the wording of that bill:

Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence...

I took the time to read the entire clause, but the most important word is “or” because it indicates that any one of these acts is a crime. It does not say “recruits, transports, and transfers, and receives, and holds, and conceals”. It could be any of those.

The word “harbours” is in there. We know that organized crime is often behind such exploitation, and they have groups of prostitutes. The girls are taken quite young and are sometimes taken from a foreign country. Consider a girl who starts at the age of 17 and a half. After eight months, when she is 18 and has an apartment, she is told that another girl will arrive the following day and they ask her to take this new girl in until she can find her own place. Or maybe they ask if she can stay there and the two could become friends. So the girl who is 18 years and 2 months old is harbouring the girl who is 17 years and 6 months old for the purpose of exploitation and for the organization. Does that warrant a five-year prison term? No judge would want to hand down that sentence. In all the cases the member who introduced this bill was worried about, I am sure that the judges would have given a five-year sentence, but there are clearly exceptions to be made.

There is another issue. It is clear that each of these acts—recruiting, transporting, transferring—must be for the purpose of exploiting a person. But what is exploitation? It is defined in the act, a bit further down:

...a person exploits another person if they

a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

In short, I would say that that is a form of intimidation.

But this is a matter of providing labour. For how long? Sometimes, when I go into a convenience store, I get the impression that some young people are very young. How did they come to be working at 11 p.m. when they are only 15 or 16 years old? Did someone make them feel that they should do it? The definition was too broad and that is why, I am sure, it will be declared contrary to the charter.

Criminal CodePrivate Members' Business

March 24th, 2011 / 5:50 p.m.
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Charlesbourg—Haute-Saint-Charles Québec

Conservative

Daniel Petit ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I am pleased to participate in the debate on private member's Bill C-612, An Act to amend the Criminal Code (trafficking in persons). I would like to thank the member for Ahuntsic for this initiative, which seeks to deter people from committing these crimes and to ensure that those who profit from them are punished accordingly. I believe that we all agree that these objectives deserve our support. In fact, thanks to the hard work of the Conservative member for Kildonan—St. Paul, there is now a minimum sentence in the Criminal Code for those found guilty of trafficking in persons under the age of 18, an initiative that was supported by all opposition parties except the Bloc. It is a shame for this party and a sad day for Quebec's children.

Although we support the good intentions of the bill, I believe that, in its current form, it could prevent the desired objectives from being attained. I will spend my time pointing out some of the problems with the bill, but I will do so in a constructive manner and in the hope of making it as sound and effective as possible. In my opinion, changes need to be made to fill in the gaps in current criminal law and provide sufficient legal clarification so that such changes are useful to police and prosecutors. In the end, it would allow the member to attain her objectives of deterring and punishing this crime.

Human trafficking is a problem that comes up often. It garners a lot of attention from the public, media, police and legislators across the country and around the world. I believe that this interest stems from the fundamental human concern we have for one another and from the fact that we all recognize that no one should be treated as merchandise that can be bought and sold for profit. It is a form of modern slavery. Despite the attention that this crime garners, we are only just starting to comprehend the nature and scope of this crime in Canada and abroad. We do know, however, that women and children are disproportionately victimized by this crime.

According to the United Nations, in 2009, 66% and 13% of the victims were women and girls, respectively, compared with 12% for men and 9% for boys. The United Nations estimates that more than 700,000 people are victims of human trafficking every year. And this crime is clearly very profitable. The United Nations estimates that this crime nets nearly $32 billion each year for the offenders.

Police investigations and prosecutions in Canada provide us with useful, albeit incomplete, information about human trafficking. These cases have demonstrated that the majority of victims were trafficked for the purpose of sexual exploitation. But there are also cases of trafficking for forced labour. Most of the victims were women and the majority of these human trafficking cases took place here in Canada.

In December 2010, RCMP statistics showed that there were at least 36 cases involving human trafficking before our courts. That is an encouraging number because it shows that the criminal justice system is becoming more comfortable with the relatively new offences involving human trafficking.

In light of this, we must ensure that we do not inadvertently make our laws less effective. I am concerned that certain proposals that have been put forth could do just that. And in that context, I would like to speak to the content of this bill.

First, it would grant the extraterritorial power to bring legal action in Canada against Canadians or permanent residents who commit offences related to adult trafficking abroad. This seems logical to me and I know that extending jurisdiction in this matter is encouraged under the relevant international law. In fact, other countries have taken measures in this regard, including the United Kingdom, the United States, New Zealand and Australia.

I believe—and I am asking members to think about this—that this type of amendment should have been extended to offences involving the trafficking of children, which fall under section 279.011 of the Criminal Code. This offence was enacted last year further to private member's Bill C-268, which was introduced and sponsored by the hon. member for Kildonan—St. Paul. The addition of a human trafficking offence involving both adults and children would allow us to ensure that Canadian laws and, of course, this bill, are consistent, as well as to take legal action no matter what the age of the victim.

I also support the bill's proposal to the effect that human trafficking offences should result in the reversal of the onus of proof in cases related to proceeds of crime. The existing regime limits this possibility to serious offences involving organized crime and other serious drug offences that are directly related to organized crime. We know that members of organized crime groups also participate in human trafficking. This amendment would target financial incentives and make this type of crime less appealing to criminal organizations.

This bill also proposes a “presumption” that appears to be an attempt to make prosecution easier. In cases involving adults, this presumption would require the court to find that the accused is exploiting a victim if he lives with a person who is exploited or is habitually in the company of or harbours a person who is exploited.

Presumptions help prosecutors prove an element of the offence by establishing a fact. However, as it is written, I do not think that the presumption achieves its goal. That said, I think that the goal could be achieved if the proposal could be amended to ensure that it produces the desired results and that it is compatible with the existing presumptions in the Criminal Code. I urge hon. members to think about the need to make such amendments to the bill.

Furthermore, I am concerned about a number of amendments this bill proposes to section 212 of the Criminal Code, which is commonly known as the procuring provision. Two amendments are proposed. The first would require that individuals found guilty of this offence must serve their sentences consecutively to any other punishment they have received. The second would apply reverse onus to this offence in cases related to the proceeds of crime.

As the House surely knows, our government is currently defending the constitutional validity of certain provisions regarding prostitution. Therefore, I think it would be ill-advised to make more amendments to these provisions before a ruling is made.

I would like to tell the member that I am absolutely willing to work with her to strengthen this bill in order to hold traffickers responsible for their horrendous crimes.

However, I am outraged that the Bloc has introduced this bill, since it knows that it wants to defeat the government. This is a case of opportunism. That party is trying to pretend that it defends victims, when all it does is defend the rights of criminals.

January 31st, 2011 / 3:50 p.m.
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President, Canada Family Action Coalition

Brian Rushfeldt

All right.

I've given the clerk for translation two documents supporting the idea, including the CIRCAMP paper. I also included for your study, which you will receive at some point if you choose, a paper written by INHOPE, which is a European body similar to Cybertip in Canada. I encourage you to look at the first three pages of that report, which deal with the naming, description, and definition of child sex abuse materials.

In Canada, the federal ombudsman just a year ago released a report called Every Image, Every Child, which I hope you will take advantage of, because it is Canadian and it's current. In that 50-page report, the number one recommendation was to change the terminology in the Criminal Code from “child pornography”. Unfortunately, Bill C-54 neglects the issue. And there's no doubt in my mind that this bill actually is probably a bill that really should deal with that particular one, because it does deal with some of the other things from section 163.1 of the Criminal Code.

I now want to address what we consider another problem with Bill C-54, in that it fails to address at all the most grievous of crimes under section 163.1, and that is the making of child pornography. The minimum sentence now in section 163.1 and the subsections for making child pornography, which are in force, are a mere one year on an indictable offence and an appalling 90 days for raping, abusing a child, making pornography, or making sex abuse images if it's a summary conviction.

Recently this committee, the House, and the Senate recognized the need to act with respect to the trafficking problem of under-age persons. As you know, Bill C-268 has passed, with a five-year mandatory sentence for those who traffic minors. I think if we can agree that trafficking of a minor is an outrageous crime that requires five years, then it's disturbing to me that we would think or allow the potential of a 90-day sentence for someone who sexually assaults, rapes, or abuses a child to produce these vile materials.

Failing to address the “making” section of 163.1 is a major injustice, I believe, to Canadians and certainly to the victims. It's known that when perpetrators are brought to justice, if justice is applied, it can often bring healing to the victims. Unfortunately, with the kind of sentence we currently have, and in fact I think even the ones suggested in Bill C-54, I don't think justice is being served well in Canada under those terms.

If we compare Canadian sentences to some other countries', it's not much wonder that the RCMP say that Canada has become a destination for pedophiles. In the United States those convicted of producing—producing—child pornography are given a mandatory sentence of 15 years, with a maximum of 30. For possession of child pornography, the minimum is five years, with a maximum of 20. Compare that to the 14-day minimum sentence in Canada for possession. I hope in your study of this bill you'll look at whether in fact judges in our country have ever imposed maximum sentences for child sex crimes under section 163.

My third point relates to the mandatory sentencing that is dealt with in Bill C-54 regarding the two subsections of 163.1 on possession and distribution. There are many examples that I could quote to you of unjust sentences in Canada, particularly when it comes to possession and distribution, where criminals have received as little as 14 days, sometimes slightly longer sentences, often to be served on weekends, or other meaningless conditions.

Some statistical research reports say that as much as 85% of people who possess and view pornography will at some point sexually assault a minor. Another report suggests it is 40%. If we use that lower figure of 40%, we still place an unacceptably large number of children at risk. While our current maximums are comparable to places like Australia and the U.K., our minimums remain shamefully weak.

While we appreciate the strengthening of the sentences in Bill C-54 and the addition of some of the new clauses, our major concern is that the mandatory minimum portions are still fairly weak. We don't believe that is going to provide appropriate safety for children.

Bill C-54 also doesn't really increase the minimum sentence for distribution. The current minimum is one year, and it will continue to be one year on the distribution issue.

Clearly, there must be changes made to Bill C-54 to accomplish meaningful protection and true justice for these defenceless children. We do, however, recognize that this is a great start, and I want to commend the government for bringing this forward. I believe this is the first amendment in a number of years to this section of the Criminal Code. I believe the Criminal Code is far behind the technology.

I'd like to close by saying that our first recommendation is to consider better terminology in the Criminal Code--something rather than “child pornography”. We might suggest “child sex abuse materials”, as has been made and suggested in some other districts around the world.

The second recommendation is to legislate mandatory sentences. We would like to see a three-year mandatory sentence for accessing or possession, a five-year sentence for distribution, and seven to ten years for those criminals who make child sex materials. The making of this stuff is similar and analogous to the concept we use in first-degree murder. These are deliberate, planned, and executed acts against children. They don't happen by chance. What these people are doing is very deliberate.

We believe that incarceration is critical. I know there are people--possibly in this room--who don't agree with mandatory sentences. But in all the discussions I've had with people across Canada, no one has suggested any better method than incarceration for people who commit these crimes. We simply cannot protect children as long as these people are out wandering the streets in our communities.

It has become clear in our assessment of a whole number of Canadian cases that sentences are failing to protect children from sex criminals. So I appeal to you as the lawmakers to take the actions necessary to ensure that the removal of predators from society is for a period appropriate to the crime committed.

I would add, as a former social worker who did some work in some areas of addictions, etc., that a 90-day sentence is not long enough to do remedial training and help a child sex offender. You cannot treat that individual properly in 90 days.

I speak on behalf of the 84,500 Canadians who in the last four months have signed a petition that the House will be receiving within the next couple of weeks. All of those people are pleading with you as lawmakers to act decisively and expeditiously to correct the part of the Criminal Code that's outdated and inadequate, due to Internet technology and the crisis of escalating sex crimes against children in Canada and around the world.

We ask that you do this expeditiously, as I just heard in the House in question period some rumblings again about an election. I hope this bill can get back to the House and put through before an election, because I think our children are clearly more important--and important enough. I know you passed the pardon bill for the Homolka case within two days, so surely within two to five weeks something like this is capable of getting through the House. I ask that all parties work together on that.

Thank you for receiving our comments, the brief we presented, and the reference documents.

November 4th, 2010 / 10:05 a.m.
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Conservative

Maurice Vellacott Conservative Saskatoon—Wanuskewin, SK

In any event, I am confused. With regard to Ms. Bonsant, I don't know her specific record, but I do know what the record is with respect to Bill S-6, Serious Time for the Most Serious Crime Act, where currently murderers can apply for parole every two years after they serve 15 years, which means families have to continuously go through that to testify before parole boards, relive those kinds of horrific crimes and relive the grief they've suffered. Victim groups have been asking for years for that faint hope clause to be repealed. Bill S-6 would have repealed the faint hope clause and ensured criminals convicted of murder could no longer apply for that early parole and have that revisited every year to the grief of those families.

Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act, formerly Bill C-42, would also have ended house arrest for serious crimes such as luring a child, arson, and aggravated assault. This would obviously also impact victims and those that have crimes perpetrated on them.

Bill S-10, Penalties for Organized Drug Crime Act, or formerly, Bill C-15, introduced minimum sentences for serious drug offences.

Bill C-268, which was the minimum sentence for human traffickers, was introduced by my colleague, Joy Smith, the Conservative member from Manitoba. It would have introduced stricter penalties for people who participate in human trafficking of children.

The Bloc Québécois voted against all of those, every one of those.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 28th, 2010 / 4:35 p.m.
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Conservative

Steven Blaney Conservative Lévis—Bellechasse, QC

Mr. Speaker, I want to thank the hon. member for Oak Ridges—Markham for his question and for the work he has done for immigration in this country. I want him to know I am proud that he is part of our government, which wants to pass a bill to put an end to illegal immigration and to attack the root of the child trafficking problem.

Unfortunately, it is a problem that we have already dealt with here in the House. It is not surprising to see that the Bloc is opposing human smuggling today, because they voted against Bill C-268, to impose minimum sentences for criminals found guilty of human trafficking. We get the picture. I think it is deplorable that the Quebec MPs are opposing measures that Quebeckers want. These measures are wanted because we have one of the most generous immigration systems in the world. They are currently in the process of creating a two-tier system: one system for illegal immigrants and another system for people who wait their turn. Our message is that there is only one way to enter the country and that is through an honest and transparent process. That is what this bill aims to achieve.

Human TraffickingStatements By Members

October 21st, 2010 / 2 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Madam Speaker, before Parliament adjourned for the summer, my private member's bill, Bill C-268, was adopted by the Senate and given royal assent. This bill created a brand new offence of trafficking a minor and carried stiff penalties.

Today I am pleased to announce to this House that this new offence has been applied for the first time in Canada. This past week, a man from Milton, Ontario was charged with trafficking a minor. After kidnapping and gang-raping a young 17-year-old girl, the trafficker viciously forced her into prostitution.

I want to commend the police officers who worked hard to bring this case forward. I also want to thank members on all sides of this House who supported Bill C-268. The bipartisan efforts that led to the success of this legislation must not fade. Human trafficking is a heinous crime and it will take a unified effort here in Parliament to eliminate the modern-day slavery that now exists across our nation.

Human TraffickingPetitionsRoutine Proceedings

May 12th, 2010 / 3:15 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I also have hundreds of names on a petition to stop human trafficking, to support Bill C-268 and to get it passed as quickly as possible.