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Indigenous and Northern Affairs committee  I'm wondering if you would like to hear from Statistics Canada on these issues. There is data out there and a lot of it has been spearheaded by indigenous groups, but I think this is really a question for Statistics Canada. I note that they're not here.

June 1st, 2021Committee meeting

Nathalie Levman

Indigenous and Northern Affairs committee  It's always up to those responsible for legislation to decide to amend it. I would suggest that removing the current definition could harm the very helpful case law we have that interprets it. It's not just the A.A. decision; several other decisions out of the Ontario Court of Appeal have given full effect to that definition.

June 1st, 2021Committee meeting

Nathalie Levman

Indigenous and Northern Affairs committee  I'm not sure if you've had a chance to review the new human trafficking Juristat that was released in early May, but it does speak to some of the issues you've just raised. It raises issues also about whether or not human trafficking cases end up with convictions for other charges when the elements of the human trafficking offence cannot be made out.

June 1st, 2021Committee meeting

Nathalie Levman

Indigenous and Northern Affairs committee  You'd have to look at the human trafficking Juristat for statistical analyses. In terms of jurisprudence, which I can speak to, sex trade offences are often charged in human trafficking cases that involve sexual exploitation, although not labour exploitation, for obvious reasons.

June 1st, 2021Committee meeting

Nathalie Levman

Indigenous and Northern Affairs committee  Sure. You might be interested in reviewing some of the case law out of the Ontario Court of Appeal, starting with the A.A. decision from 2015 in particular. You'll find that the court confirms the parliamentary record that the definition of “exploitation” sets a low bar. It doesn't require proof of fear on the part of the victim but whether or not a reasonable person in the victim's circumstances would believe that his or her physical or psychological safety would be threatened if he or she failed to provide the labour or services.

June 1st, 2021Committee meeting

Nathalie Levman

Indigenous and Northern Affairs committee  Thank you for welcoming us all to your study of sex trafficking of indigenous peoples. I speak with gratitude from the unceded territory of the Algonquin people. The Department of Justice works closely with Public Safety Canada, which leads the national strategy to combat human trafficking, as you've just heard.

June 1st, 2021Committee meeting

Nathalie Levman

Justice committee  That's not law in Australia. It's a bill.

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  Yes, it's there.

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  Yes. You would like, then, four pieces of legislation. Okay.

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  I think that one of your best sources is the U.K. guidance. A few pages in, there is a box that highlights some of these behaviours. They range from isolating a person from friends and family, monitoring their time, etc., all the way to sexual assault, threats, etc., which are criminal offences.

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  Actually, there is special prosecutorial guidance that helps their law enforcement implement the new law. It's in their treatment—

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  Do you mean of the private member's bill, Bill C-247?

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  No, but it is, as the sponsor has explained today, based on and heavily informed by the U.K.'s model, which is why I was directing you to United Kingdom resources, which I think might be helpful for you. The United Kingdom is the first country to have put into place a coercive control offence, and it therefore has the most literature associated with their offence.

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  What are the similarities between the different—?

February 2nd, 2021Committee meeting

Nathalie Levman

Justice committee  —the three that are enacted in the United Kingdom, Scotland and Ireland?

February 2nd, 2021Committee meeting

Nathalie Levman