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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Maria Mourani  Bloc

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 in order to provide consecutive sentences for offences related to trafficking in persons and create a presumption regarding the exploitation of one person by another.
It also adds the offence of trafficking in persons to the list of offences to which the forfeiture of proceeds of crime 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.

Votes

March 6, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

JusticeOral Questions

February 22nd, 2017 / 3 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I appreciate the question because it gives me the opportunity to speak to Bill C-38, which we introduced. Our government is committed to combatting human trafficking and better protecting victims of these crimes. We are going to ensure that this bill moves forward as expeditiously as possible. The changes that we made with respect to the previous private member's bill, Bill C-452, were to ensure that our bill is in compliance with the charter.

JusticeOral Questions

February 10th, 2017 / noon
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, our government is very committed to ensuring that we do the right thing to protect victims and to combat human trafficking, the victims of which are among society's most vulnerable.

The bill introduced by the Minister of Justice yesterday would give law enforcement and prosecutors new tools to investigate and prosecute certain human trafficking offences that could be particularly difficult to prove. It would also strengthen Canada's criminal law and respond to trafficking of persons in a manner that would be consistent with the charter.

Bill C-38 would bring into force private member's Bill C-452, with amendments, to better protect victims, while at the same time ensuring consistency with the Charter of Rights and Freedoms.

JusticeOral Questions

February 9th, 2017 / 2:55 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, our government is committed to combatting human trafficking and better protecting victims who are among society's most vulnerable.

Bill C-38 would bring into force the former private member's bill, Bill C-452, and also make it in compliance with the Charter of Rights and Freedoms. The bill would give law enforcement and prosecutors additional tools in terms of investigations and prosecutions to assist in combatting this challenge.

Life Means Life ActPrivate Members' Business

May 19th, 2016 / 5:50 p.m.
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NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, I am very pleased to rise here today. It is always a pleasure to represent my constituents, the people of Jonquière. I am always proud to speak in the House of Commons.

Issues that affect my region's economy are especially important to me. We talked about this a lot earlier. Unfortunately, the government is dragging its feet on many files, and this includes protecting jobs in the forestry sector. Our farmers are still fighting against diafiltered milk. We have yet to see any measures to improve access to employment insurance, for example in Saguenay—Lac-Saint-Jean, since we have a two-tier system.

Today in the House we are debating Bill C-229, which amends the Criminal Code and the Corrections and Conditional Release Act.

Let me be very clear: the NDP will be opposing this bill at second reading. It reminds us once again of the many reasons why Canadians sent the previous government packing. This is a bill that seems to have been written on the back of a napkin. It in no way reflects reality.

Instead of spreading misinformation and vote-seeking propaganda, the Conservatives should tell Canadians the truth. Under the current system, the most dangerous offenders who pose a risk to public safety never get out of prison.

We believe in evidence-based policy. Any reforms made to the sentencing regime should focus on improving public safety, not on political games.

The Conservatives have been talking about this bill since 2013, but waited until just a few months before the election was called to announce its introduction at a flashy election-style event. That same day, a Conservative member sent out an email to raise funds and add to the list of Conservative Party members. The subject line of the email was “Murderers in your neighbourhood?” This is another example of the troubling use of the politics of fear by the party that was in power at the time.

The ironic thing about the Conservatives is that they are always the first to want to talk about safety in our communities, but in the last three years, the Conservatives cut RCMP expenditures by millions of dollars. Not so long ago, the commissioner of the RCMP said that they had exhausted their budget and needed more money. That is where investment is needed: in the RCMP and public safety.

I believe that Canadians expect better from politicians. Major issues demand our attention, such as setting a decent minimum wage of $15 an hour and providing better access to employment insurance by making it accessible to everyone in every region.

There is work to do on pay equity and restoring home mail delivery. More resources need to be given to public safety, including the RCMP. Bill C-51 needs to be revisited and the order in council for Bill C-452 on exploitation and trafficking in persons needs to be signed.

Instead, the Conservatives would rather continue to introduce biased bills. Public policy must first and foremost be based on facts, and the objective of such policies must be to keep the public safe, not to win political points. We need to give our public security agencies more resources. We need to take action. We need to invest in prevention in order to prevent crime and help offenders reintegrate into society.

A brilliant lawyer named Michael Spratt said, and I quote:

Throwing away the key is an admission of failure. It amounts to admitting that our prisons are warehouses, that rehabilitation is a lie, that the law that holds us together as a society is still the law of the jungle — an eye for an eye. It’s the politics of despair.

I cannot give a speech about crime without thinking of the victims. Today, my thoughts are with all the victims, particularly the victims of crime. Some of them may be watching right now. Too often we forget the impact of crime on their lives and on the lives of their families, particularly when someone is killed. The NDP has always cared about victims and that is why we think it is so important to implement truly effective policies to keep the public safe.

The Conservatives should do a bit more research before introducing bills. In the current system, the most dangerous criminals who pose a threat to public safety never get out of prison. That is why any reforms made to the sentencing regime should focus on improving public safety and increasing financial resources, rather than on unconstitutional bills.

My opposition colleagues should know that it is up to the Attorney General to ensure that the laws that are introduced by the government are constitutional. However, once again, the Conservatives are introducing a bill that will more than likely end up being challenged in the courts. Many of their bills, some of which were mentioned today in the House, have already been deemed unconstitutional by the court.

I wonder whether my Conservative colleagues respect the principle of constitutionality and the separation of powers. We live in a democracy, but I all too often have the impression that they do not really believe it.

I will come right out with the question and it is up to them to answer it. Do they believe that it is important for parliamentarians to introduce bills that are constitutional? I will give them a chance to answer this question, which I believe is a very simple but important one.

In my view, it is essential that we put forward public policies that are based on facts and comply with the Canadian Charter of Rights and Freedoms and our Constitution.

JusticeOral Questions

April 13th, 2016 / 3:10 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, without question, our government takes human trafficking and the exploitation of women and girls incredibly seriously. We are committed to strengthening the efforts to combat this problem.

With respect to Bill C-452, I have had discussions and there are concerns with respect to that particular piece of legislation in terms of the charter. We are working with our colleagues in the province of Quebec to ensure that we continue to address this issue in a substantive way. This is a very serious issue that we are dealing with.

JusticeOral Questions

April 13th, 2016 / 3:10 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, when it is time to spend money or take part in fundraising activities, the government is always quick on the draw, but when it comes to putting an end to pimping out young girls, forget it.

Yesterday we learned that the Minister of Justice is considering rewriting Bill C-452 on human trafficking, even though that bill has the support of all political parties, the Senate, and the Prime Minister himself.

Why does the Minister of Justice refuse to protect young victims now, and why is she hiding behind the Canadian Charter of Rights and Freedoms?

February 23rd, 2016 / 4:35 p.m.
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Conservative

The Chair Conservative Marilyn Gladu

Yes, and I think it would be fine to add the things that we heard today as well. Human trafficking is one area that I heard about today, as well as cyberbullying and picture-sharing, the digital threat, and the hypersexualization of women and girls. On Bill C-452, it sounded as though the minister was going to address that one. I wrote down “section 300 of the Criminal Code”. I didn't know if that was something they were addressing or whether that would be something for us.

Certainly I can put together the list, and the clerk will translate it into both official languages and submit it to you. Then we could come back and take a look at the list, having prioritized it that way. Is that the preferred method?

Go ahead, Ms. Malcolmson.

February 23rd, 2016 / 4:05 p.m.
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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

As you know, our government has been monitoring and is aware of the situation in Quebec, where young women have gone missing, and of course we send our thoughts and our prayers to the families and the young women who are in this situation. It's always a tragedy when children disappear, particularly in circumstances of possible exploitation or danger, as most of the cases we've heard across the country indicate.

Our government takes human trafficking and the exploitation of women extremely seriously. We're very committed to strengthening our efforts to combat this problem, and that's why we've committed to the inquiry in particular. We know that many women have reported the experience of being trafficked in terms of the challenges they face.

We're committed to working with our provinces and our territories, indigenous communities, law enforcement, and community organizations to combat the exploitation and to support victims and potential victims.

We're committed to achieving Bill C-452's important objectives quickly and responsibly. We are right now examining whether and how the reforms in Bill C-452 can be brought into force. We do support the principle of Bill C-452, but we have some concerns that parts of the bill may be in conflict with the Canadian Charter of Rights and Freedoms. I anticipate we'll hear back from the relevant ministers as we go forward with that examination.

February 23rd, 2016 / 4:05 p.m.
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Liberal

Karen Ludwig Liberal New Brunswick Southwest, NB

Thank you, Madam Chair.

Thank you, Madam Minister.

I have two questions, actually. One is a follow-up to Ms. Harder's question about exploitation and trafficking of persons. Can you provide, or would you provide, any update regarding Bill C-452, an act to amend the Criminal Code (exploitation and trafficking in persons)?

February 23rd, 2016 / 10:30 a.m.
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Liberal

Colin Fraser Liberal West Nova, NS

Thank you very much, Chair.

Thank you very much for coming in and for your presentation.

I know that Bill C-452 seeks to amend the Criminal Code to make it provide for consecutive sentences for offences related to exploitation and trafficking in persons.

Could you share your views on this bill, which may well be deemed unconstitutional, and on the possible links with section 4.1 of the Department of Justice Act?

Human TraffickingStatements By Members

February 19th, 2016 / 11:15 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, since the beginning of the week, all parties in the House have been calling on the Prime Minister to enact Bill C-452 on human trafficking, a bill that received royal assent after it was passed unanimously in the House.

Mothers of young girls who are controlled by street gangs wrote to the Prime Minister directly this week. My fear is that the Liberal government is refusing to sign the order in council because the bill was not introduced by the Liberal party. That would not be worthy of a government and a Prime Minister that should be making decisions for the good of the people.

In the words of the hon. member who introduced this bill in 2011, the broad parliamentary debate has already taken place and the law is ready. It is time for the Liberal government to set partisanship aside and sign the order. It would take five minutes and would help countless young girls.

JusticeOral Questions

February 17th, 2016 / 2:55 p.m.
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Charlottetown P.E.I.

Liberal

Sean Casey LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, these young women and their families are in our thoughts and prayers. The disappearance of a child is a tragedy, especially in these circumstances. We are determined to achieve the important objectives of Bill C-452.

I can guarantee that we will quickly take action that is in keeping with our values and the Canadian Charter of Rights and Freedoms.

Human TraffickingAdjournment Proceedings

February 16th, 2016 / 6:50 p.m.
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Charlottetown P.E.I.

Liberal

Sean Casey LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, our government is closely following the situation in Quebec, where young women have disappeared. Our thoughts and prayers go out to these young women and their families.

We take human trafficking and the exploitation of women and girls very seriously. We are determined to build on the action we are taking to address this problem, so that some of the most vulnerable members of society have better protection. That is why we promised to hold an inquiry into missing and murdered indigenous women and girls.

Regrettably, the recruitment of children for the purposes of sexual exploitation and human trafficking remains a serious concern. It is a tragedy when a child disappears, particularly in circumstances that suggest the possibility of exploitation. The whole country shares the relief of parents whose daughters have been safely recovered in recent weeks. We are committed to working with provinces and territories, indigenous communities, law enforcement, and community organizations to combat exploitation and to support victims and potential victims.

While we support the principle of Bill C-452 to strengthen our criminal justice system's approach to human trafficking, there are some parts of the bill that raise concerns.

If the bill were to come into force, it would require that the sentence imposed on a person for the offence of trafficking in persons be served consecutively to any other punishment imposed on the person for an offence arising out of the same event.

There is a real risk that this provision could violate the charter, if applied in combination with the harsh mandatory minimum sentences established in 2014 for the offence of trafficking in persons under the Protection of Communities and Exploited Persons Act, the former Bill C-36.

In conjunction, these two provisions, which impose mandatory sentences, could result in sentences that are disproportionate to the offence and to the justice system's approach to other offences.

This disproportion could infringe on an individual's right to protection from cruel and unusual punishment, as set out in section 12 of the charter. In other words, there is a real risk that this bill could be unconstitutional.

We have committed to carefully review changes to the Criminal Code brought in over the last decade, with a view to determining their compliance with the charter and consistency with our values. We take this commitment very seriously. We will, therefore, take the necessary time to review the bill to ensure that we do not enact anything that may, in the end, be found to be unconstitutional.

We will strengthen our efforts to address human trafficking, which is a complex issue that impacts on some of the most vulnerable members of our society, but we must do so responsibly, in a way that reflects our values and respects the charter. Accordingly, we are currently examining new ways to address this very important issue.

Human TraffickingAdjournment Proceedings

February 16th, 2016 / 6:45 p.m.
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NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, for several weeks now, there has been a crisis in Quebec that affects our girls. On an almost daily basis, we hear about another girl who has disappeared from a youth centre. Our girls are being targeted not only in youth centres, but also near schools, bus stops and malls. This is a stark reminder that human trafficking is real and is happening here at home. From Laval to Jonquière, no region has been spared. Nobody is safe from this. We must do everything we can to fight sexual exploitation and human trafficking. We must take preventive action, support our girls and ensure that our law enforcement agencies have the resources they need.

The Government of Canada has a role to play. It must make life more difficult for those who exploit our girls. Former MP Maria Mourani, a criminologist and sociologist, did remarkable work to move a bill against human trafficking through the House.

The bill imposes harsher punishments on exploiters. It amends the Criminal Code to achieve three objectives. First, it allows for harsher penalties for exploiters, because it imposes consecutive sentences. Exploiters convicted of several charges today are sentenced only for the most serious of the charges. Under the new legislation, those exploiters would be sentenced for all the charges. Second, the legislation makes it possible to reverse the burden of proof, placing it on the exploiters. Currently, as we heard from a police officer, it is hard to charge someone with sexual exploitation or human trafficking, because it is hard to prove and victims are often reluctant to testify. Lastly, the legislation allows for the seizure of proceeds of crime from anyone convicted of exploitation or human trafficking. This is already done in the case of drug trafficking. It only seems logical that the same sanction apply to human trafficking.

Exploiters are very familiar with the limits of the existing laws. They take advantage of the system while unscrupulously exploiting our girls. It is up to us to stand up and say “enough is enough”.

Bill C-452 was studied and passed by Parliament. All parties voted for this legislation, including the party now in power. Only an order in council is required for this legislation to take effect. That is all, it is simple, and all that is lacking is the will of the government.

Yesterday, Marjolaine Aubé, the mother of a runaway under the thumb of a pimp, who fortunately was found, gave the Prime Minister's office a letter asking him to implement Bill C-452. The letter is signed by five other parents of residents of the youth centre and is a heartfelt appeal. The parents said:

The current situation cannot be tolerated. There are real predators who are attacking young, vulnerable girls...

The broad parliamentary debate has already taken place and the law is ready. We are writing to you as Prime Minister and as a father, so that Law C-452 be applied without delay...

What does the government have to say to the parents? Will it take action to protect our girls?

JusticeOral Questions

February 16th, 2016 / 3 p.m.
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Charlottetown P.E.I.

Liberal

Sean Casey LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, our thoughts and prayers are with those young women and their families. The disappearance of a child is a tragedy, particularly under such circumstances.

We are determined to achieve the important objectives of Bill C-452. I can guarantee that we will act quickly in a way that reflects our values and complies with the Canadian Charter of Rights and Freedoms.