Justice committee  Thank you for the opportunity to provide the committee with some general information on the existing criminal law addressing trafficking of persons as well as the implication of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of

Justice committee  Thank you for your questions. I will attempt to answer each one in turn. First, regarding convictions, we have to remember that section 279.01 was enacted in 2005. As we all know, criminal laws do not apply retroactively. Secondly, there have actually been five convictions so f

Justice committee  There are five convictions under the trafficking-specific offence—that is, under section 279.01. In my opening remarks I discussed trafficking-related offences, offences that cover certain activities that are engaged in by traffickers. The other convictions fell under those pro

Justice committee  Just to make it absolutely clear that I have presented the correct evidence before this committee, there are five convictions under section 279.01 to date, all the result of guilty pleas. The few number can partially be explained by the non-retroactivity of criminal laws. This la

Justice committee  Yes. It is our view that we are in complete compliance with all of our international obligations—first and foremost, the UN protocol on trafficking in persons, especially women and children, which establishes various obligations, including criminalization. We do have, as I've ref

Justice committee  There are a variety of different trafficking-related offences. They include charges for child prostitution, procuring, living off the avails of prostitution, assault, uttering threats, and extortion.

Justice committee  Some of them were. One has to remember that with case law these things aren't always noted. I can say that of the cases in the last period that we looked at--because we monitor these cases as best we can, so that would be spring of 2008 to spring of 2009--we are aware that at lea

Justice committee  Would this cover a scenario like that? It's impossible for me to say, based on a hypothetical set of facts. What I can say is what the law says, which is that where a person engages in conduct that basically requires the other person to offer up labour and services under circumst

Justice committee  That is the legal test. Exploitation is defined in section 279.04, as I've just described.

Justice committee  Unfortunately, no. That's why I stressed to the committee that they were all a result of guilty pleas. Of course, we're anxious to have judicial interpretation of this new provision.

Justice committee  By challenges, do you mean the charter?

Justice committee  No, there are cases proceeding before the courts, but I am unaware of any charter challenges being brought in relation to either section 279.01 or the definition.

Justice committee  We are aware of none.

Justice committee  Yes, there are mandatory minimums in subsections 212(2) and 212(2.1), and currently there are no mandatory minimums in any of the trafficking offences in the code. If, for example, you had a case involving a young person under the age of 18 who had been trafficked for the purpose

Justice committee  For me, there are different elements of the offence that need to be proven by a crown in a court of law. That's not to say that a given situation, a given fact scenario, might not equally fit under section 279.01 and subsection 212(2) or 212(2.1). They might equally fit and you m