An Act to amend the Criminal Code (trafficking in persons)

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

Sponsor

Maria Mourani  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Dec. 9, 2010
(This bill did not become law.)

Summary

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

This enactment amends the Criminal Code in order to provide consecutive sentences for offences related to procuring and trafficking in persons.
It also specifies that the provisions apply to the trafficking in persons in a domestic or international context.
The enactment creates a presumption regarding the exploitation of one person by another and adds circumstances that are deemed to constitute exploitation.
Finally, it adds the offences of procuring and trafficking in persons to the list of offences to which the confiscation of the products of criminality apply.

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.

Criminal CodeRoutine Proceedings

December 9th, 2010 / 10:05 a.m.
See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

moved for leave to introduce Bill C-602, An Act to amend the Criminal Code (trafficking in persons).

Mr. Speaker, today it is my great pleasure and honour to introduce this bill on trafficking in persons. This bill has the support of many women's and victims' groups. My Bloc Québécois colleagues will be pleased to support this bill.

I hope to have the support of all members of this House because this bill is so important. It was developed together with the police officers on the street, both those in the morality squads and those who deal with the sexual exploitation of children.

What does this bill seek to do? First, it introduces the notion of consecutive sentences for both trafficking in persons and procuring. It will allow for exemplary sentences. Second, it clarifies the definition of trafficking by adding the notion of the domestic or international context, thereby recognizing that trafficking does not just happen internationally, but also within Canada, domestically, from one city to another, one neighbourhood to another.

The bill also provides a clearer understanding of the word “exploitation” by distinguishing between labour exploitation and sexual exploitation. We have kept the notion of exploitation for the purpose of organ removal, of course.

This is a very important bill because it gives tools to the police and permits the confiscation of the proceeds of crime, from both trafficking and procuring, a power that does not currently exist.

Lastly, it adds another important point. Unfortunately, since 1995, there have not been a lot of charges because of the way the law is written, but during hearings, the victim is largely responsible for both the accusation and the burden of proof. What we are doing here is adding presumption, which means that the person exploiting the victim will have to prove that he is not living off the proceeds of that exploitation. This provision already exists for procuring, but not for human trafficking. That does not make sense because 80% to 90% of human trafficking is for the purpose of exploitation.

I invite all hon. members to support this bill, which will give tools to the police and which was drafted with the help of police.

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