Bill S-224

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

This enactment amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.

Motions in Amendment

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, I am pleased to rise and speak to Bill S-224, an act to amend the Criminal Code with regard to trafficking in persons.

The adoption of this legislation would remove the unfair burden placed on exploited individuals to prove that there was an element of fear in their abuse. That is very significant, “fear in their abuse”. Right now, they have to prove that they were afraid. It is incomprehensible how the Liberals have essentially gutted this entire bill and left it with a title.

We just heard very solemn comments from the previous Liberal member. However, at the same time, the Liberals are actually doing quite the contrary. They are not protecting people, primarily women and girls, from being trafficked.

On the weekend, I heard a presentation from Ally Global Foundation about the work that it is doing worldwide. I saw a video of children from Nepal and other countries, and how they were basically being sold by their families for a very minimal amount of money, or kidnapped, used as sex slaves or used for labour. They are abused and traumatized for the rest of their lives, if not killed.

There are millions of people who are being trafficked around the world. It is modern-day slavery. The thing is that it is not just happening offshore. It is happening here in Canada. It is happening here in Ottawa and where I live, in Maple Ridge, in the Vancouver area. It is happening everywhere.

A lot of what is happening is that these Canadians are lured through the Internet. Children, 12 years old or older, are lured into sex slavery. They are not even aware of what is happening. Then they get caught up in this life and get addicted to drugs. We are seeing a massive increase in the opioid crisis: 42,000 have died in the past number of years. In British Columbia, last year alone, a record 2,500 died. Many of those on drugs have been addicted through human trafficking. That is a big concern.

Conservatives want to bring in significant penalties. We had a mandatory minimum penalty before, which was removed by the Liberal government. Right now, a trafficker can get away with a small fine, $5,000, with no time in jail, for ruining lives.

We need to take this very seriously. It is spreading its tentacles, and those tentacles need to be cut off. I have a great concern. I am Métis. The indigenous population comprises approximately 4% of Canada's population. An astounding 50% of those who are trafficked in Canada are indigenous. That is devastating.

Indigenous women and girls are being trafficked, and it is destroying our people, my people, our people as Canadians. How can we bring reconciliation? How can we see redemption? How can we see growth and healing? This is something important. The government has an obligation to protect the most vulnerable, who are maybe going through some problems. I think of teenagers. I was a teacher for many years, and we were all teenagers at one time, but youth go through difficult times of feeling vulnerable. They are looking for security and looking for relationships. Traffickers and criminal gangs look for those who are a bit ostracized and they wean them through gifts, attention and so-called love. It is really a way to trap them and to use them for financial purposes. They treat girls and women like objects.

This is something for which, as legislators, we need to bring in the most stringent of consequences in order to set the people free. In our country, this is unacceptable. Also, I am aware of people who come from other countries, new immigrants, who get caught up in jobs and do not know how to get out of it. It could be through some type of employment like massages, or it could be a variety of things, and the person becomes trapped in this lifestyle and does not know where to turn.

I know this is going to go to committee afterwards. I really am hopeful. I should not say I am hopeful, because I have not seen a lot of evidence on the Liberal side of taking crime very seriously. We have seen a massive increase in assaults, gangs, car thefts and everything. Liberals have reduced the consequences for all sorts of criminal activity, so we see the same people repeating crime time after time.

In Vancouver alone, I believe last year or the year before, the same 40 offenders committed 6,000 crimes that we are aware of. It was just like a turnstile. We cannot have this destructive practice happening. We cannot just let the cancer in there; it needs to come out. We need strong legislation, so I really do hope the Liberals and the NDP supporting them will come to their senses and pass this.

It has already gone through the Senate. I want to thank my colleagues, the MP for Oshawa and the MP for Peace River—Westlock, for their efforts when they brought it in 2019, as well as many others. There are a lot of people who say they are concerned. We hear about it from all sides. We hear about the concern, but let us put that concern into action by changing the legislation.

[Vance Badawey, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I appreciate the opportunity today to speak about Bill S-224, an act to amend the Criminal Code (trafficking in persons).

This is a bill that presents the opportunity to consider Canada's criminal justice response to human trafficking.

Human trafficking is a devastating crime that involves recruiting, moving or holding victims in order to exploit these individuals for profit, usually for sexual exploitation or forced labour. Traffickers can control and pressure victims through force or through threats, including mental and emotional abuse and manipulation.

Human traffickers prey on individuals who may be in challenging situations. This could be someone who is not in contact with their family, struggling with their identity, a survivor of abuse or someone in desperate need to work for money. Whatever the reason, victims are often unaware that they are being groomed, as traffickers are often expert manipulators.

Human trafficking can involve crossing borders and, according to the UN, is becoming more difficult to detect. In 2022, for the first time, the UN reported a decrease in the number of victims detected globally. The “Global Report on Trafficking in Persons” posits that this decrease may be due to a lower institutional capacity to detect victims, fewer opportunities to traffic resulting from COVID-19 preventive restrictions and a proliferation of clandestine trafficking locations.

The UN also highlighted that climate change is multiplying trafficking risks. Climate migrants are vulnerable to trafficking, and in 2021, 23.7 million people were displaced by weather-induced natural disasters, while many others crossed borders to escape climate-induced poverty.

Importantly, human trafficking is not just a problem that occurs internationally; it is happening right now in communities across Canada.

Most trafficking convictions in Canada involve Canadian citizens. In some cases, however, they involve permanent residents or foreign nationals who are trafficked into Canada. These individuals may enter the country willingly, only to later find themselves in exploitative situations. For both internationally and domestically trafficked persons, vulnerability to being trafficked is heightened by economic deprivation, lack of opportunity or social isolation. In Canada, this includes population groups such as indigenous women and girls, migrants and new immigrants, members of the LGBTQ2 community, persons with disabilities, children in care and other at-risk youth.

I would also like to underscore the particular impact of human trafficking on indigenous women and girls.

The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls emphasizes the disproportionate impact of human trafficking and sexual exploitation on indigenous women and girls due to intersecting factors that increase the likelihood of being targeted by a trafficker. These include systemic racism, violence against indigenous women and girls, intergenerational trauma from colonization, lack of access to social and economic resources, and colonial assimilation policies.

That is why Canada has continued to demonstrate leadership in combatting human trafficking. Back in 2005, Canada enacted human trafficking offences in the Criminal Code. Those offences have been amended several times—including by our government in 2019 through former Bill C-75, which Conservatives are fond of maligning—to ensure a robust response.

For example, Bill C-75 brought into force a provision that allows prosecutors to prove one of the elements of the human trafficking offence, that the accused exercised control, direction or influence over the movements of a victim, by establishing that the accused lived with or was habitually in the company of the victim. We have heard the Conservatives say they would repeal Bill C-75, so I am curious as to whether they also plan to repeal this provision.

Moreover, in 2019, the Government of Canada launched the national strategy to combat human trafficking. This strategy is led by Public Safety Canada and is a five-year, whole-of-government approach to address human trafficking. It frames federal activities under the internationally recognized pillars of prevention, protection, prosecution, and partnerships. It also includes a fifth pillar of empowerment, which aims to enhance supports and services for victims and survivors of human trafficking.

Additionally, the Department of Justice's victims fund helps to ensure that victims and survivors of crime have improved access to justice and to give them a more effective voice in the criminal justice system. Since 2012, the Department of Justice has undertaken policy and program development through the federal victims strategy to support non-governmental organizations and other stakeholders to provide services and supports for victims and survivors of human trafficking. Since 2018, the victims fund has had an allocation of $1 million annually to support victims and survivors of human trafficking.

In terms of our legislative approach, the Criminal Code's main trafficking offence prohibits recruiting, transporting or harbouring victims to exploit them or to facilitate their exploitation by someone else under section 279.01. Separate offences criminalize materially benefiting from human trafficking under subsection 279.02(1) and withholding or destroying identity documents, whether authentic or forged, to facilitate human trafficking under subsection 279.03(1). In addition to these adult-trafficking offences, the Criminal Code also contains child-specific human trafficking offences. I stress that all of these offences have extraterritorial application, meaning that a Canadian or a permanent resident who engages in this conduct abroad can be prosecuted in Canada under subsection 7(4.2).

Importantly, convictions have been secured under these offences, including where traffickers have exploited their victims' vulnerabilities without using physical violence. Both the Ontario and the Quebec courts of appeal have found that under the existing human trafficking offences, prosecutors do not need to prove that the victim was actually afraid, that the accused used or threatened the use of physical violence or even that exploitation actually occurred. Prosecutors need only prove that a reasonable person in the victim's circumstances would believe their physical or psychological safety would be threatened if they failed to provide the labour or services required of them.

We look forward to proceeding with this discussion this evening, and I will end my comments here.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I am pleased to rise today to speak to Bill S-224. This is an incredible bill that would do important work when it comes to fighting human trafficking.

I want to acknowledge the hard work of the sponsors of the bill: Senator Ataullahjan, who steered this bill through the Senate, and the MP for Oshawa, who has been championing this bill and this issue here in the House for many years.

This bill is critical to Canada's effort to target and apprehend pimps and traffickers, and I want to begin by reviewing the bizarre situation we found ourselves in today.

The bill before us was an empty bill. It did not even have a title. However, Bill S-224 was introduced in November of 2021 in the Senate. It passed second reading there in April 2022, and by October it had been passed by the Senate unanimously.

Here in the House, Bill S-224 passed second reading unanimously and was sent to committee, where a number of survivors and frontline organizations all called in their testimony for this bill to be passed.

Then last June, when I was at the final justice committee meeting on this bill, it became clear that the NDP and the Liberals suddenly did not want this bill to pass. I was shocked to see the Liberals and the NDP gut this bill during clause-by-clause consideration. I had never seen anything like this before. They had an option of recommending that the House not proceed, but instead they gutted the bill and removed even the title and sent it back here as a blank piece of paper.

This bill on fighting human trafficking had unanimous support every step of the way through the Senate and the House of Commons until seven Liberals and an NDP MP decided to destroy it, so here we are today debating important amendments to restore the clauses of the bill.

Survivors and frontline anti-trafficking organizations are calling for this bill to be passed because our human trafficking laws are not accomplishing what we want them to do. Our current human trafficking laws put a burden of proof on the mindset of the victim rather than on the actions of the traffickers. This is contrary to the international legal standard called for in the Palermo protocol, which Canada signed on to over 20 years ago. The Palermo protocol defines human trafficking based on the actions of the traffickers, such as the threat or use of force or other forms of coercion, or abduction, fraud, deception, or abuse of power or position of vulnerability. In contrast, our laws are much more narrow.

At the committee, Dr. Janine Benedet, a law professor from UBC's Allard School of Law, told justice committee members that:

the definition of trafficking in the [Canadian] Criminal Code at present is unnecessarily convoluted and too restrictive. It is very hard for victims to come forward, and having an offence that is so difficult to prove makes matters worse. ... Removing the requirement to prove reasonable fear for safety, as this bill does, would be very helpful, because it is inappropriate to impose a reasonableness requirement on victims. We should be focusing on the actions of the trafficker.

Dr. Benedet also pointed out that the fear of safety is not the only way that traffickers influence and control their victims, and we do not require this type of subjective focus from victims for other laws, such as the law on sexual assault.

We have seen the impact of this restrictive definition on human trafficking in the Criminal Code. For the 10-year period between 2011 and 2021, only 12% of adult human trafficking cases resulted in a guilty decision, which is only one in eight cases. Human trafficking cases are half as likely to result in a guilty finding as cases involving sexual offences or violent crime. This is tragic, and it is largely because convictions so often require the testimony of victims.

This gap in our law has even been noted by our strongest ally. Every year for the past few years, the Government of the United States' “Trafficking in Persons Report” has urged Canada to amend the Criminal Code to include a definition of trafficking that has exploitation as an essential element of the crime, consistent with international law.

An important question we always need to ask about any legislation is this: Who stands to benefit if the bill is defeated? For example, we have seen over the past number of years how Liberals have worked to protect big pharmaceutical companies. In fact, over the past few years, Liberal cabinet ministers have aided big pharmaceutical companies by keeping drug prices high for Canadians. The Liberals have helped to bring more profits into the pockets of big pharma executives.

Who stands to benefit if Bill S-224 is gutted or defeated? Pimps and traffickers do. That is tragic. However, it is consistent with the government. It has blocked consecutive sentencing for traffickers after being adopted by Parliament; reduced human trafficking offences to a hybrid offence, meaning traffickers would sometimes get away with as little as a fine; and extending house arrest for human trafficking offences. Who benefits from all these changes? Pimps and traffickers do.

Further, the government has been negligent in appointing judges. This year, a sex trafficker had two separate human trafficking cases thrown out because of delays. Each time these cases collapse, it denies justice to victims and their families, and it allows dangerous individuals to return to the street.

Let me be clear: By killing this bill, the Liberals and the NDP are helping traffickers stay out of jail. They are making it easier for traffickers to continue their business as usual. The Liberals and the NDP are helping to put more money in the pockets of violent pimps.

I want to conclude by highlighting the important testimony from the survivors and advocates who showed up at the justice committee.

Wendy Gee, the executive director of A New Day Youth and Adult Services, and a mother of a daughter who was trafficked, told the committee this: Out of all the young women the organization has supported, only two have come forward and provided a statement to law enforcement about the trafficking situation. Wendy urged the committee to adopt Bill S-224, stating the following:

Eliminating the burden of proving they were fearful while they were exploited tells a victim that we believe them, that what they have endured was not a measure of their worth or value, was not indicative of the type of treatment they deserved and was not the result of poor decision-making, and that their victimization will not be [allowed to continue] by our justice system.

Casandra Diamond, a survivor of trafficking, and the founder and executive director of an organization called BridgeNorth, also spoke to the committee. She said:

Bill S-224 would support victims by reducing the burden they experience when testifying and trying to prove they feared their trafficker. The proposed amendment would eliminate the difficult requirement that the Criminal Code currently places on prosecutors to show that there was reasonable basis for the survivor to fear for her safety. This would account for situations, like mine, where my trafficker had manipulated me to see him as someone who offered safety and protection, rather than the one who facilitated brutal sexual violence against [me as he trafficked me]. This bill would support victims in coming forward in the court process and reduce barriers, which would allow more victims to feel safe to share their allegations over time.

Casandra ended her testimony by saying, “Canada's trafficking survivors deserve better than what we currently have, and Bill S-224 is that better.”

I would ask my NDP and Liberal colleagues if they believe survivors such as Casandra, who have made it clear that the bill would make an extreme difference. I know my Liberal and NDP colleagues believe that a survivor deserves better. Do they believe it when survivors say that Bill S-224 is that better?

Canada needs to do much more in its fight against human trafficking, and the proposed bill is an important start. That is why I am pleased to support restoring the text of the bill today, and I urge all my colleagues to support this. I want to thank my colleague from Oshawa for his great work on the bill and all the survivors who have been relentless in calling for this change.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I rise today to speak to Bill S-224, which “amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons”.

The Bloc Québécois supports the principle of this bill, because it is imperative that we discuss all the tools likely to help the authorities combat this scourge, which is getting worse as more people move around the globe and the number of refugees increases. This topic is near and dear to my heart, because I would actually like to point out that, although I was unable to attend the annual general meeting yesterday, I had expressed my interest in renewing my mandate as co-chair of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking with my three other colleagues. There are four co-chairs, and we have been working on this issue for several years now.

I will talk about this bill by explaining it in greater detail, then I will talk a bit about the Palermo protocol, and then I will close by denouncing human smugglers.

First, this bill responds to the demands of several human trafficking survivors' groups and would make the definitions of exploitation and human trafficking more consistent with those set out in the Palermo protocol, which Canada signed in 2000. Bill S‑224 is very simple but very important. It removes a phrase from the Criminal Code stating that a charge under these provisions must be based on the fact that the victim believes “that their safety or the safety of a person known to them would be threatened” if they fail to comply. According to the International Justice and Human Rights Clinic at the University of British Columbia's Faculty of Law, asking victims to demonstrate that they have reasonable grounds to fear for their safety may be an obstacle to obtaining convictions for human trafficking. Elements of the offence of human trafficking are more difficult to prove than those of other similar offences. For example, the Immigration and Refugee Protection Act, which prohibits human trafficking, does not require the person involved to prove that they fear for their safety. This standard is no longer appropriate.

Second, it is important to note that this issue transcends borders because of the Palermo protocol, which dates back to 2000. On May 13, 2002, Canada ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Article 3 of the convention clearly defines trafficking in persons. That is how trafficking in persons was added to the Criminal Code in 2005. However, the Canadian definition does not match the one in the Palermo protocol, since the issue of consent or the victim's sense of security is taken into account in it. In Canada, the victim must prove that he or she was in danger or that he or she refused to be exploited.

In a case of trafficking in persons, regardless of whether the victim was initially willing or felt safe, the victim should not have to justify the circumstances under which they were lured in order to prove that trafficking in persons occurred. The U.S. State Department studied the legislation of its two neighbours, Canada and Mexico. Obviously, there is no real comparison. However, the report does make suggestions for Canada. It is important to remember that even if consent was given, such as consent to come to Canada, it does not mean that the person consented to the forced labour or sexual exploitation to which they were subsequently exposed, especially if the victim is dependent on someone because of isolation, lack of resources and language barriers.

In 2005, Bill C-49 added three human trafficking offences to the Criminal Code, as well as a definition. Trafficking in persons is now defined as receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons, as set out in section 279. 02; withholding or destroying a person's identity documents—which happens sometimes or often, even—such as a passport, whether authentic or forged, for the purpose of committing or facilitating trafficking of that person, as set out in section 279.03; and exploitation for the purpose of human trafficking offences, as set out in section 279.04.

In 2008-09, the first case involving a human trafficking charge under this new legislation was completed in adult criminal court. In 2010, subsection 279.011(1) was added to the Criminal Code. It imposed mandatory minimum penalties for individuals accused of the “trafficking of a person under the age of eighteen years”. That was Bill C-268. In 2012, the Criminal Code was amended to allow for the prosecution of Canadians and permanent residents for human trafficking offences committed internationally and to provide judges with an interpretive tool to assist in determining whether exploitation occurred. That is in subsection 279.04(1), and it was Bill C-310.

In 2015, mandatory minimum sentences were imposed for the main trafficking in persons offence under section 279.1 of the Criminal Code, for receiving a material benefit from child trafficking under subsection 279.02 of the Criminal Code, and for withholding or destroying documents to facilitate child trafficking under subsection 279.03(2), stemming from former Bill C-454 introduced by the Bloc Québécois. We have been thinking about this issue for a few years now.

Let us talk about the link between human smugglers and human trafficking. In the context of trafficking in persons, it is important to recognize the related issue of migrant smuggling, which is often mistaken for human trafficking. Migrant smuggling, or what some might call migration assistance, consists of helping an individual cross a border illegally. The individual consents to being transported and makes a payment to the smuggler in exchange for the desired service. On their arrival, the individual can simply be dropped off and cease all contact with the smuggler.

In contrast, human trafficking involves deception, coercion or debt bondage with the aim of exploiting people who might be transported from one place to another. Victims do not necessarily cross borders.

Human trafficking and human smuggling often intersect because smuggled migrants often find themselves in situations of exploitation similar to those experienced by victims of trafficking. This may be the case for people who owe their smuggler money for transportation costs and have to work to pay it back. This is abusive, because the sums involved can be exorbitant when these people arrive. That can also be the case for migrant workers who are forced to work in exploitative conditions. In these cases, human trafficking charges could be laid, even if the smuggled migrants consented to the smuggling at the outset. Things can go sideways afterwards.

All of that contributes to the low rate of reporting. That is the problem. As one can imagine, when victims of trafficking realize what is happening, they hesitate to come forward. According to the sponsor of the bill in the Senate, Julie Miville-Dechêne, a 2018 report from Public Safety Canada explains that victims are often reluctant to report their situation, since they tend to believe that the success rate of prosecutions is very low. Prosecutors, for their part, find it difficult to reach the high threshold of evidence required for trafficking cases.

The statistics are startling. In 2019, 89% of human trafficking charges resulted in a stay, withdrawal, dismissal or discharge. Less than one in ten charges resulted in a guilty verdict. That is why we are examining this issue today.

According to a study by the University of British Columbia's Allard School of Law, there are approximately 4.8 million victims of sex trafficking alone, and 99% of them are female. Statistics Canada has indicated that, according to police-reported data, 2,977 incidents of human trafficking occurred between 2010 and 2020. During that period, 86% of incidents were reported in census metropolitan areas, compared to 58% of incidents of violence or approximately six out of 10. Over half, or 57%, of incidents involved human trafficking alone, whereas 43% also involved other types of crime, mainly offences related to the sex trade. The vast majority, or 81%, of accused human traffickers were men or boys, who were most commonly between the ages of 18 and 24, at 41%, followed closely by men between the ages of 25 and 34, at 36%.

Human trafficking cases took almost twice as long to resolve as cases involving violent offences in adult criminal courts. That is another problem. The median time it took to resolve a case involving at least one violent offence charge in an adult criminal court was 176 days. In contrast, the median time to resolve a case involving a human trafficking charge was 373 days.

It is still hard to get accurate data about the true extent of trafficking. All the organizations agree that it is a widespread problem that generates proceeds rivalling those of drug and gun trafficking. In 2014, the International Labour Office estimated that illegal profits in the general category of forced labour amounted to $150.2 billion U.S. per year, a figure that is still often cited today because it is so huge.

In closing, I too applaud the new provision proposed by Senator Ataullahjan, not least because it uses the terminology from the Palermo protocol, which means that it focuses on the actions of the trafficker, not the victims' fear. Victims' confidence and dignity must be restored, and they must be able to report what is happening to them. More of these cases need to be reported.

[James Maloney, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it is always a pleasure to stand in the House on behalf of the residents of Etobicoke Lakeshore. This evening, I am pleased to speak to Bill S-224, an act to amend the Criminal Code with regard to human trafficking.

I want to say at the outset that while we are unable to support the bill, I understand the objective the sponsor was trying to achieve, and it is a laudable one. The intention of the sponsor is to protect victims and to hold human traffickers accountable. However, after the Standing Committee on Justice and Human Rights' review of the proposed legislation, including hearing from a variety of witnesses, it was apparent that the bill raised significant legal concerns and would likely end up making it harder to prosecute human traffickers rather than easier, as was intended. Although the committee and the government cannot support the bill, I am very grateful for the opportunity this bill, Bill S-224, has provided to review the Criminal Code's human trafficking provisions. It is critical we do so to continue to ensure a robust response.

Human trafficking is one of the most heinous crimes imaginable. It is often described as a modern-day form of slavery. It involves the recruitment, transportation, harbouring and/or control over the movement of persons for the purpose of exploitation, typically for sexual exploitation or forced labour. Human trafficking devastates its victims and survivors, their families, communities and society as a whole.

In Canada, available data primarily concerns human trafficking for sexual exploitation. Traffickers seek to profit from the sexual exploitation of others, treating victims as commodities for the traffickers financial gain. Between 2010 and 2021, the large majority of individuals accused of trafficking were men and were most commonly between the ages of 18 and 24. While we know that anyone can be targeted by a trafficker and can become a victim of human trafficking, between 2010 and 2021, 96% of police-reported victims were women and girls. Almost one in four, or 24%, of the reported victims were younger than 18 years old; half, 45%, were between 18 and 24 years old; and one in five, 20%, were between 25 and 34 years old. Moreover, women and girls are more at risk of being targeted by a trafficker when they are impacted by factors like poverty, isolation, precarious housing, substance use, history of violence, childhood maltreatment and mental health issues. In short, traffickers look for young women and girls in precarious situations and target these individuals for their own financial gain.

We also know that indigenous women and girls are disproportionately represented among those trafficked, or are at risk of being trafficked for sexual exploitation. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls speaks to many of the intersecting factors that increase the likelihood of being targeted by a trafficker, including systemic racism, violence against indigenous women and girls, intergenerational trauma from colonization, lack of access to social and economic resources, and colonial assimilation policies. The majority of victims are trafficked by someone they know. For example, nearly one-third of victims have been trafficked by a current or former intimate partner. In fact, some traffickers target and romantically pursue a potential victim with the specific intent of exploiting them.

Traffickers use manipulation and deception to exploit the vulnerabilities of those they target. This can include providing at-risk women and girls with affection, care and security. Why do they do this? They are positioning themselves as someone their victim can trust so that they can more easily control that victim. Once control is established, traffickers use a variety of tactics to maintain control. They may sexually and physically assault the victim, starve or confine the victim, engage in psychological abuse or threaten violence. They turn the victim's life into a living nightmare. Traffickers will go to great lengths to keep victims isolated and unable to seek help. They often separate victims from those who could help them, hiding them from the public and ensuring they do not have access to support. They may force victims to commit crimes while being trafficked and convince them that they will be arrested if they try to seek help.

We also know that victims may be unwilling or unable to seek help for a number of reasons, such as distrust of authorities, which is often created or fostered by the traffickers themselves, or because victims are fearful or ashamed, are not aware of their rights in Canada, are experiencing language barriers or are wanting to protect their trafficker. After being trafficked, victims may experience post-traumatic stress and memory loss as a result of the physical, sexual, financial, emotional and psychological abuse they were subject to while being trafficked.

Many victims live with both the physical and the psychological scars of the trauma they have endured. It is paramount that victims be supported and that the traffickers be brought to justice. I am assured by the fact that the Criminal Code contains a robust legislative framework governing human trafficking, which includes specific human trafficking offences, including trafficking in adults, child trafficking, materially benefiting from human trafficking and withholding or destroying identity documents to facilitate this crime, with maximum penalties up to life imprisonment.

As human trafficking cases are complex, additional offences may be used, depending on the facts, such as uttering threats, forcible confinement, assault and sexual assault. Bill S-224 sought to strengthen the framework, and I agree with the bill's sponsor that we must continue to reflect on how we can ensure the most robust legislative framework possible, and as I have said, I am grateful that we have had the opportunity to do just that.

We know that the Criminal Code's human trafficking provisions, which were first enacted in 2005, have been interpreted broadly and that they apply in a broad range of cases, including those that involve only psychological forms of coercion. I will quote from one committee witness, Dawne Way, who represented the victims of human trafficking and who opposes the bill. She said, for example, “I have two main reasons for taking this position. The first is that it is unnecessary, and the second is that the amendment would result in unintended delays and constitutional challenges that would be to the detriment of complainants.”

I want to conclude by expressing my thanks to Senator Ataullahjan and to the member for Oshawa for providing us with the opportunity to review the Criminal Code's legislative framework that criminalizes human trafficking. While I firmly believe we should be reviewing these important provisions to ensure they are achieving their important objectives, I am reassured by the court's broad interpretation, which is consistent with its objectives of protecting victims from the full range of exploiting conduct and of holding offenders to account.

Given the evidence that Bill S-224 is likely to make it harder to prosecute human trafficking rather than easier, we have to oppose the bill.

[Colin Carrie, Conservative, Oshawa, ON]

moved:

Motion No. 1

That Bill S-224 be amended by restoring the long title as follows:

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

Motion No. 2

That Bill S-224 be amended by restoring Clause 1 as follows:

“Criminal Code

1 (1) Subsection 279.‍04(1) of the Criminal Code is replaced by the following:

Exploitation

279.‍04 (1) For the purposes of sections 279.‍01 to 279.‍03, a person exploits another person if they engage in conduct that

(a) causes the other person to provide or offer to provide labour or a service; and

(b) involves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.

(2) Subsection 279.‍04(2) of the Act is repealed.”

Mr. Speaker, it is an honour to rise today on behalf of the constituents of Oshawa to speak to Bill S-224, a non-partisan bill which aims to further solidify the concept of exploitation, for the purpose of establishing whether a person has committed the offence of trafficking in persons and to remove the unfair burden placed on exploited individuals to prove that there was an element of fear in their abuse.

Before arriving at the stage of consideration at committee, Bill S-224 was introduced in the Senate and eventually passed unanimously in the Senate on October 6, 2022. I then had the immense distinction as a member of Parliament to sponsor and introduce this important bill for the first time here in the House of Commons two weeks later.

I would like to take a moment to thank Senator Ataullahjan for her collaborative effort and wonderful success in getting the bill through the Senate, a success I hope to share here in the House of Commons. I would also like to thank the member for Peace River—Westlock for his unwavering support throughout this process and, as well, for his unending commitment to end human trafficking.

Furthermore, I want to thank the amazing community of supporters, victims, moms and dads, survivors and workers. These individuals and many more like them have shown a dedication and servitude in making a difference in the lives of the vulnerable victims in everyone's communities. These people are real heroes and they are saving lives with the work that they are undertaking and that they are accomplishing.

When a member of Parliament has the opportunity to bring both Houses together for a common cause, it is truly an honour, especially with respect to a bill that represents a small change that would make a big difference in the lives of so many vulnerable people, people denied justice and people denied their human dignity.

Unfortunately, when Bill S-224 was considered in the Standing Committee on Justice and Human Rights, the bill experienced a fatal outcome. The vital contents within it were completely gutted, the committee leaving the bill to just one page. By leaving the bill empty, and instead of passing any improved amendments, there has been a failure to solidify the concept of exploitation for the purposes of establishing whether a person has committed the offence of trafficking in persons, as well as a failure to remove the unfair burden placed on exploited individuals to prove that there was an element of fear in their abuse.

I would like to take a couple of minutes now to discuss an in-depth review of the importance behind the original contents of Bill S-224. This modern-day slavery initiative was first brought to my attention by Darla, a survivor friend and one of my constituents, and I would like to thank her for sharing her story with me. As a father, I was motivated by her story to look for real solutions to the problem.

At its heart, Bill S-224 aims to align the Canadian Criminal Code's definition of trafficking in persons with that of the 2000 Palermo protocol. Importantly, this would remove the unfair burden placed on exploited individuals who, under the current Canadian law, must prove that there was an element of fear in their abuse in order to obtain a conviction in court. When a crime is committed, there is no debate as to whether the acts have occurred, yet under Canadian law, the victim of trafficking is required to prove fear in order for a conviction to occur. The absurdity of the situation is unmatched. An offender could be released even if there was proof of the crime but the victim was unable to prove fear.

Why do we treat this particular crime so differently when it comes to exploitation in human trafficking? That is backwards. Instead, we need to make the focus on the perpetrator's actions, on the person who actually committed the crime, and not force a victim to prove an emotion, in this case fear. Something needs to change as this is not justice, and, in turn, this is not how a Canadian justice system should function.

Human trafficking is a plague, mostly on vulnerable young people and their families across Canada, in my area and in others'. I was hopeful, since I first sponsored and introduced Bill S-224 in the House, that my colleagues, regardless of their political stripe, would help me secure this long-overdue change to Canada's Criminal Code. Human trafficking does not discriminate, and my goal is to ensure that our country and local communities are safer for our most vulnerable young people.

Vulnerable young people often think of their abuser as their friend, thinking that their abuser cares for them and loves them. Those of us not involved in human trafficking can see that this is not the case. We see the coercion, manipulation and lies. We owe the victims justice.

Often the Crown's case depends on the victim's testimony, the only evidence against the trafficker. Without the victim's testimony, there is no case. In Canada, sometimes it takes years to come to court. There the victims can be victimized again and again. We have heard from experts that victims often deceive themselves and portray themselves within their own perception as not being victims.

We need to take serious and effective action to ensure that victims come forward and need to guarantee that they will not be repeatedly victimized. I once again raise within this House the dispute as to whether the crime of human trafficking has occurred should only be defined by the perpetrator's actions, rather than the victim's experience. Victims should not be revictimized by a system. We owe it to victims to make this small change that would make such a huge difference.

By amending the Criminal Code to reflect the international definition of trafficking in persons, as outlined in the Palermo protocol, we would enable the Crown to efficiently convict human traffickers. The Palermo protocol was adopted in November 2000 at the 55th session of the General Assembly of the United Nations. It has 117 signatories, including Canada. Human trafficking is defined as the act of recruiting, transporting, harbouring and receiving a person by means of coercion, abuse of power or deception for the purpose of exploitation.

More than 24 years have passed, yet this small but important change is still not reflected in our Criminal Code. Let us not continue to make this another example of Canada's promises that never see concrete action. This is about protecting vulnerable Canadians from predators who exploit their victims for personal gain, and sadly, that gain is becoming greater and much more lucrative. Human trafficking generates more than $32 billion annually and abuses over 40 million victims each year.

Unfortunately, it is seen as a low-risk criminal activity here in Canada with a very high reward. According to Statistics Canada, fewer than 8% of perpetrators charged with human trafficking have been prosecuted. Let us think about that and consider this: Very few perpetrators are even charged. One witness felt we no longer needed the bill, due to the Ontario provincial rulings. However, we see that even with these provincial rulings, conviction rates remain shamefully low, which is why we need to restore this bill, Bill S-224, and to pass it here in the House. We can do better, and we must do better.

I stand here today for Darla from Oshawa and for countless other human trafficking survivors. I invite all members here to stand with me, and I am hoping that every member in the House still continues to support this initiative. I stand here for those who are being exploited tonight, right now, in plain sight, some right outside my office doors in downtown Oshawa. This does not end at my doorstep. Each member in the House of Commons can be sure this is happening right outside each of their doorsteps as well. My colleague from Peace River—Westlock has a statistic and saying that puts things into perspective: This crime of human trafficking is happening today, within 10 blocks or 10 minutes from one's home.

Human trafficking is on the rise, and it relies on abuse, coercion and manipulation. As I have said, victims are often convinced that their traffickers are their friends or their boyfriends. Traffickers have made promises of clothes, money, work, drugs, education and even protection. Many victims truly and naively believe that their traffickers have their best interests at heart. Traffickers prey upon the most vulnerable for a reason, as they also resort to violence and threats to make them do what they are told. Traffickers seek out young people dealing with substance abuse, traumas, addictions, abuse or homelessness. Women and girls, indigenous children, new immigrants, persons living with disability, LGBTQ2+ and migrant workers are among groups most at risk.

How can we continue to put so much responsibility upon these victims who have endured such unimaginable atrocities? If we do not amend the Criminal Code, these cases depend upon the victims' ability to perform on the witness stand. Remember, these are the same victims we just described as being vulnerable to gaslighting and manipulation. Some of these victims do not have the strength to fight our current system. They do not have the strength to stand up against slick lawyers and a system stacked against them. This is not justice, and it usually results in charges being dropped.

We need to give victims every possible tool that is available to allow the return of both their dignity and their humanity. The goal of Bill S-224 has been to implement a simple amendment to the Criminal Code, a very small modification that would make a huge difference in the ability of the Crown to prosecute human traffickers. There is no more settling for an 8% prosecution rate. To Darla, to the moms, to the dads, to the victims and to the wonderful Canadians who have dedicated their lives to ending human trafficking, this small change can happen, and the opportunity for us to come together to end this horrendous crime must not be lost.

Speaker's Ruling

[The Deputy Speaker, Conservative, Chris d'Entremont]

There are two motions in amendment standing on the Notice Paper for the report stage of Bill S-224. Motions Nos. 1 and 2 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 and 2 to the House.

The House proceeded to the consideration of Bill S-224, An Act to amend the Criminal Code (trafficking in persons), as reported (with amendments) from the committee.

Justice and Human Rights

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I have the honour to present, in both official languages, the 15th report of the Standing Committee on Justice and Human Rights in relation to Bill S-224, An Act to amend the Criminal Code regarding trafficking in persons.

The Committee has studied the bill and has decided to report it back to the House with amendments.

[Nathalie Levman]

Well, that's true of the law right now. The appellate case law is quite clear that proof of actual fear isn't necessary. In fact, paragraph 15 of the Sinclair decision goes over a number of different factors that the courts ought to consider when determining whether the existing legal test is met. Certainly, in the world of Bill S-224 plus the Bloc's amendment, what the court would need to hear is whether the victim subjectively feared for their safety. That's how I read the Bloc's amendment, yes.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

That would require the victim to give evidence as to her or his state of mind. Is that correct? I understand, under the current legislation, and certainly under Bill S-224 without amendments, that would not require the victim to come to court to give evidence as to his or her state of mind.

[Nathalie Levman]

Yes, that is one of the appellate cases, but there are a number of them now not only in Ontario but also in Quebec and in B.C., and they all follow the Sinclair reasoning, so we know it is an objective test.

The difference between what's in the code now and what is proposed by Bill S-224, including with the Bloc's proposed amendment, is the bill would change the legal test. The legal test—the test that would need to be proved—would no longer be whether a reasonable person in the victim's circumstances would believe that their physical or psychological safety would be threatened if they failed to do what was being asked of them. The legal test would be whether the accused caused the victim to provide their labour or services through one or another of the illicit means.

Subsection (2) in the Bloc's amendment is an interpretive provision. It's not a legal test. In determining whether that legal test would be met if it was law, the court would then look at whether the victim subjectively feared for their safety. At least, that is the way I'm reading this amendment.

The fear for safety in the Bloc's amendment is different from what is currently in subsection 279.04 (1), which is an entirely objective test, meaning that the Crown does not have to prove the victim in that particular case actually experienced fear. Here, that would be required, and the judge would consider whether the victim experienced fear. Then, I assume if the judge or the jury were to find that the victim did experience fear, that would weigh in favour of the legal test being met.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Thank you very much, Mr. Chair.

I hope you can give me a little bit of latitude because it's hard to talk about the amendments without talking about the bill as a whole.

We heard two different perspectives from witnesses. One of those I found very persuasive. That was that this bill doesn't actually do anything that would make the struggle against trafficking more effective, that it won't actually provide more resources for targeted trafficking units and law enforcement. It won't actually provide more resources for those who are fleeing trafficking situations in the community. Those who have worked with trafficking issues know that those are the two most important things we can do to help combat trafficking.

In casting a broad net as the original bill does, we risk making the mistake that we've been warned against in all of our discussions about sex work. When you define something too broadly, you capture a lot of things that ought not be captured. I think Bill S-244 defines trafficking in such a way that many practices that are not in fact trafficking would get included under the bill. The danger there is when you make everything trafficking, you miss the real trafficking and you miss the most serious parts of the trafficking offences.

For that reason, I can't see that Bill S-244 is a useful bill. I understand Mr. Fortin's attempt to fix those problems. I think it's a goodwill attempt that he's put forward here in these amendments.

My problem at this point is that I know that I've received a petition signed by more than 60 organizations asking us not to proceed with this bill. They have not been consulted on anything that's being suggested by Mr. Fortin. I would be hesitant to vote for these kinds of amendments without hearing from witnesses on the specifics of this. I think we would be better off as a committee defeating the amendments because we haven't had input on the specifics of them, and then defeating the bill or recommending that the House not proceed with the bill in the future.

For that reason, Mr. Fortin, even though I think it's a very good effort to fix the bill, I won't be supporting your amendment and I won't be supporting the bill.

Thank you.

[Nathalie Levman, Senior Counsel, Criminal Law Policy Section, Department of Justice]

Thank you, Chair.

I do have a comment to make on both 2(a) and 2(b). But I thought I would just back up so that I can make sure that we're all on the same page.

My reading of this amendment is that it would still replace the existing legal test, the existing definition for exploitation, with the one proposed by Bill S-224, which focuses on causing another person to provide labour or services through certain specific illicit means. The Bloc's amendment would further specify what “other similar act” means in terms of taking advantage of another person's vulnerability.

Sub 2 is more like an interpretative clause. There are factors as I understand it that a court could consider when determining whether or not that legal test is met in subsection 1. The first factor is whether or not the victim fears for their safety or the safety of a person known to them. While that is a little bit similar to the existing test in 279.04 (1) it differs because it's entirely subjective, whereas the current legal test in 279.04 (1) is an objective test. We know from appellate case law that it wouldn't determine whether or not the legal test was met but it would be something that a court could factor in, as would paragraph 2(b).

This is the one that causes me a little bit of consternation because it refers to consent. I'd like to bring the committee's attention to what is currently in subsections 279.01(2) and 279.011(2), “No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid." That is consistent with what the previous speaker said, which is where these illicit means are used, the law says it doesn't matter whether someone gave what courts call an apparent yes. The coercive practices used amount to human trafficking.

I would just point that out to you as a legal and a technical matter and a potential inconsistency between 2(b) and existing subsections 279.01 (2) and 279.011 (2).

Thank you.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you.

I understand the intent of Bill S‑224, but I found it a bit incomplete in its proposed form. We suggest some amendments, which you have received, and we would be prepared to vote in favour of Bill S‑224 if they were adopted.

First of all, our amendments pertain to the proposed paragraph 279.04(1)(b), which says “any other similar act”. That seems somewhat broad to me. So we want to limit the scope by saying that it has to be an act that takes advantage of the person's vulnerability. Thus, it should be established not only that the person who is accused of exploiting someone has committed an act similar to those mentioned, but also that he or she has taken advantage of the person's vulnerability.

The bill also proposes to repeal subsection 279.04(2) of the Criminal Code, which we thought was a bit bold, since it would eliminate, from the burden of proof, the need to show that the victim was, in a way, harmed by the act. We are proposing to add a criterion that says the victim fears for their safety. It is still different from the provision currently in the Criminal Code, but it would ensure that the Crown has a minimum of evidence against the accused. Our first criterion is that the victim fears for his or her safety.

The second criterion we propose regarding paragraph (b) is that the victim cannot give informed consent given their age or any aspect of their personal situation, including their financial or psychological situation. The victim is often a vulnerable person, either because they are too young, or because they are financially dependent on the person who is exploiting them, so to speak, or because they are simply under their psychological control.

We think those are important criteria. Before a person is convicted of a crime as serious as this one, it seems to us that the Crown should discharge a minimum burden of proof. We propose that you adopt this amendment as it is worded.

Thank you, Mr. Chair.