An Act to amend the Immigration and Refugee Protection Act

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Diane Finley  Conservative

Status

In committee (House), as of Nov. 1, 2007
(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 Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.

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.

Citizenship and ImmigrationOral Questions

February 1st, 2008 / noon
See context

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, stakeholders such as The Future Group, Stop the Trafficking Coalition and The Salvation Army believe that Bill C-17 is important legislation to help further combat the plague of human trafficking and the exploitation of women.

Could the Minister of Citizenship and Immigration please comment on why stakeholders who had confirmed their appearance on Monday before the committee have now been told they are no longer welcome to appear before the citizenship and immigration committee, and why Bill C-17 is no longer on Monday's agenda?

Status of WomenCommittees of the HouseRoutine Proceedings

January 31st, 2008 / 12:40 p.m.
See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, anyone who has read the book The Natashas: Inside the New Global Sex Trade by Victor Malarek is probably horrified by the amount of sex trafficking and sex slavery occurring right now in the world.

We often talk about sex slaves and trafficking, but somehow our country treats these individuals as criminals rather than people in need of protection. The only provisions in the current law relating to trafficking serve to criminalize trafficking and to favour the detention of trafficked persons. There is nothing in the law to protect the human rights of trafficked persons.

It was mentioned today that women and children are trafficked most often, although trafficking is not kept strictly to women and children. Children are most in need of protection. We need special measures to reflect their vulnerabilities and needs.

We know that persons involved in the sex trade often feel a real sense of shame. They have not been given any choice in this. They often need some time in a secure environment to recover and reflect on what they are going to do next. That is why a proposal must include a provision for immediate temporary protection, which cannot be discretionary.

Certainly some people choose to return to their home country. However, for some trafficked persons, returning home would involve significant hardship. They may feel stigmatized in their home country, especially if they were involved in sex work. They may fear retribution from the traffickers, who may still be in their village. They may be at risk of being forced into a new trafficking situation. Because they have been trafficked, they may have lost their ability to make choices about their lives. That is why asking them to make a choice in a very short period of time is difficult.

The only place in the present Immigration and Refugee Protection Act where trafficked people are mentioned in is in the regulation which includes having been trafficked as a factor in favour of detention, including children. There is nothing in the law to specifically protect the rights of trafficked persons.

With the recent change in 2006, there is a temporary protection permit. This permit can be extended to 180 days, but the problem with this process is that the individual is not allowed to apply in Canada in a permanent way. People need to have an alternative presented to them. They need to know that they have the choice to remain as permanent residents. We need to find ways to protect these people. Why? We need to protect them because they are at their most vulnerable.

There are factors that need to be taken into account when deciding whether there are reasonable grounds for people who have been trafficked to stay in Canada. We need to look at their allegations. We need to look at the facts about their arrival in Canada. Perhaps we could look at representations from credible non-governmental organizations that believe these people have been trafficked. We need to offer protection, alternatives, choice and hope for these people.

In the case of a child, the immigration officer should be responsible for making sure that the child is placed immediately under the protection of child protection services and has access to necessary services, including counselling. That is critically important. These children have to recover. If they do not get counselling, they are often at a loss in regard to what to do. The counselling component is extremely important. The temporary permit should be extended to six months. Or if the circumstances warrant it, they should be allowed to stay in Canada.

When the enforcement officers are interviewing these women or children, I think it is important that we have guidelines to make sure these officers do the interviews in the most sensitive manner. Hopefully we could also include the guideline that people can be accompanied by a representative of a non-governmental organization so there is an advocate working for these people if they so wish, so there is a helping hand, a person they can lean on and who knows and understands what they are going through. Therefore, training is important and having an advocate is also very important.

The other aspect is permanent protection, which is done so these people will not be at risk of being re-trafficked. In Mr. Malarek's book, we find situations where people are returned to their home village or country only to be scooped up again by people who are preying on the most vulnerable in those villages or small towns, and thus they again end up in the sex trade.

There needs to be psychological support, as I have said. As well, we need to make sure that a safe house, for example, will be made available to them. We know they need to have housing support. That is an aspect that has to be developed, expanded and funded.

The people who have been trafficked should be exempt from all fees, not just the application fees but also the right of permanent residence fees. They could be seen as protected persons. That law also has to be changed, because right now this is not the case. Women who have suffered from violence still have to pay the application and landing fees, but often these people are totally destitute and do not have the financial means. They are also very fearful.

We have to change the family reunification class so that trafficked persons will have the right to include family members, both inside and outside Canada, as protected persons, so if they have children they may be able to bring the children into the country.

In terms of the Immigration and Refugee Protection Act, we also need to amend section 133 to protect trafficked persons from prosecution for offences related to entry into Canada. If we do not do so, they would be too fearful to come forward, and any laws we put in place would defeat their own purpose. Currently we allow refugees to stay in Canada even though they may have an offence related to the way they came into the country. This amendment is critically important.

There is also an important amendment to the regulations, part 245 in the immigration act, which is flight risk, and also one to part 249, “Special considerations for minor children” to remove reference to a trafficking connection as a factor in favour of detention.

If we do not do those kinds of things and if we do not amend the Immigration and Refugee Protection Act, we will have just what we are seeing now. We had an instance of this in the summer of 2007. Because all the rules and regulations that were changed in May 2006 are discretionary, they are sometimes not offered to a trafficked person. They impose an unreasonable burden of proof on that person. The mandatory involvement of law enforcement agencies ends up deterring some of these victims from applying.

Despite the introduction of the guidelines, we heard in summer 2007 about a woman who was apprehended at the U.S.-Canada border despite being identified by Canadian officials as a victim of trafficking. She was never offered a temporary resident permit. She was held in detention and was deported before she was able to meet with a lawyer. This was an instance where we could have helped that person, but we lost that opportunity because we had not made the proper amendments to the Immigration and Refugee Protection Act.

The only bill that is front of the immigration committee right now is Bill C-17. Bill C-17 does not offer all of those changes. It does not deal with the problems that have been identified. We absolutely have to make those changes right now. It needs to be seen as a priority so we can send a clear signal that a permanent policy is in place to offer protection to trafficked persons.

Also, with regard to overseas, an immigration operations manual has been in the works for two years and is still not finished. It is called IP9 and what it actually does is go after the so-called consultants. Really, they are the recruiters. They are the people who are bringing women and children across the border into the sex trade in an illegal manner. They need to be punished. They need to be charged, but right now there is no operations manual to instruct the immigration officer to be on the lookout for such recruiters and unscrupulous consultants.

On average, each year we have 110,000 foreign workers coming into the country. Some are recruited by these unscrupulous consultants and yet the Canadian Immigration Center has one secretariat and one part time person who has no power because that person is under the Canadian immigration department rather than the Canada Border Services Agency. So far we have not seen one person charged, convicted or jailed as a person involved in trafficking.

Therefore, the message we are sending is not very clear. We talk about punishing those who are involved in trafficking, yet our overseas officers do not have enough instruction and there is not enough training for them. In Canada, there is no coordination. It is not clear whether it is the immigration department, RCMP, CSIS or CBSA that is really in charge. That small secretariat with one part time person cannot do all the jobs that need to be done. There is no clear line of reporting. Of all the cases filed and all the complaints, hardly any have gone to court so far, and there have been no convictions whatsoever.

In looking at this situation, not only do we need to protect the people who are in Canada, but we also have to deal with the overseas immigration offices and the embassies to stop this at the source. We need to make sure the immigration officers know to whom to report. We need to make sure that charges are laid so there will be clear convictions.

I talked briefly about the need for safe houses and secure housing. We have heard of situations where women want to leave an exploitive situation but cannot find a safe haven. They do not have access to advocates who can support them because a lot of sexual assault units are not properly funded.

In downtown Toronto, for example, there are agencies helping young street people and yet they have no permanent funding. It goes from year to year. They do not have enough funds to provide the counselling, the advocacy for these sex slave victims.

Members of Parliament who are interested in knowing more about this issue can go to the website, trafficking.ca, which was put forward by the Canadian Council of Refugees. It contains a lot of information. It gives a definition of trafficking and provides recommendations. Round table discussions have been held across the country. There are very specific legislative bills that we can act on right now that could remedy the situation. I hope that we can take immediate action and not necessarily wait until the Olympics come to Canada.

Status of WomenCommittees of the HouseRoutine Proceedings

January 31st, 2008 / 10:35 a.m.
See context

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I commend my colleague from London—Fanshawe for once again bringing this motion on the issue of human trafficking to the House.

Human trafficking has become a big issue in Canada. After two attempts to get this issue to the status of women committee, I finally got it there. I must commend my colleague for being a part of that committee and getting on the human trafficking issue.

The Government of Canada takes this issue seriously and is taking real action to address this horrendous crime. Several initiatives have already taken place. It is hard to get a hold on the crime of human trafficking. Things need to be put in place quickly to help the victims and our government has done just that. We have taken quick action to implement laws and programs that are helpful to the victims.

In 2007, the Minister of Citizenship and Immigration announced changes to the guidelines for immigration officers to help victims escape the influence of traffickers. The new guidelines extend the length of the temporary resident permit, or TRP, for which victims are eligible from 120 days to 180 days. In individual cases it can be extended beyond that.

With respect to our actions on improving the guidelines to help victims of human trafficking, the president of the Canadian Council for Refugees said:

These measures mean that the government will begin to treat trafficked persons, often women and children, as victims of a crime, rather than as people who should be detained and deported. Like many other organizations, the CCR has been calling for this policy change for several years – we are very pleased....

I must commend members on all sides of this House who have worked hard with our government to ensure that action was taken very quickly.

We have also introduced legislation to help prevent the potential exploitation and abuse of foreign nationals seeking to work in Canada. Bill C-17, which is in committee right now, would help prevent the sexual exploitation and abuse of foreign nationals seeking to work in Canada. It would also address an important gap that currently exists in the Immigration and Refugee Protection Act.

The proposed amendments in Bill C-17 would give the Minister of Citizenship and Immigration the authority to instruct immigration officers to deny work permits to individuals who might be at risk of exploitation or abuse should they enter Canada.

Why is that so important? It is important because our law enforcement and NGOs are beginning to understand how easily it is for innocent victims to be trafficked into Canada. As the member for London—Fanshawe said, traffickers become friendly with girls travelling alone. They will convince her that she can have a new life in Canada. They show her how she can get through customs and often the perpetrator is going through customs at the very same time.

The training video for RCMP officers on the human trafficking issue shows how this happens. I was at an event last night where the RCMP video was shown. People need to understand the nature of human trafficking and what happens to these women. Border guards need to be trained and alert. They need to wonder why a girl is travelling alone. They need to ask her questions and listen very carefully to her answers.

Bill C-17 would provide a window for protecting the most vulnerable young men and women. People think it is only women but it is not. Without the authority in Bill C-17, our immigration officers are not able to deny a work permit to someone meeting all the requirements to enter the country, even if they believe there is a strong possibility of exploitation and abuse.

The fact is that a gap exists where people can supposedly meet all the requirements but red flags should go up all over the place when a girl is alone. One must wonder why she cannot answer the questions in quite the way she should.

With respect to Bill C-17, we have strong support from various stakeholders because they have experience working with trafficked people and they know the gap was there, which was frustrating.

Sabrina Sullivan of The Future Group said:

[The] Immigration Minister... has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking. It is clear that [the] Prime Minister’s... government is serious about combating human trafficking.

I would dare say that members on both sides of the House are very concerned about this issue and are very aware that it is a growing issue. They have made a number of recommendations as outlined in the report from the Status of Women to ensure that this human trafficking issue is stopped.

The Salvation Army has worked very extensively with trafficked women and children. Christine MacMillan, the territorial commander for the Salvation Army in Canada and Bermuda, said:

This announcement is an excellent advancement towards the protection of women from sexual exploitation. It is another positive step in the fight against human trafficking, and we are encouraged by the leadership shown by the Federal Government.

As was John Muise, director of public safety for the Canadian Centre of Abuse Awareness, said, “Bill C-17 is part of the response that needs to occur in protecting women and children in the country”.

It goes on and on.

The member for London—Fanshawe mentioned another important point. She talked about the 2010 Olympics. As is well-known, sporting arenas or any big events that occur in any country are often magnets for human traffickers to set up shop and to make as much money as they can off the backs of innocent victims.

I know ministers throughout our government have met, continue to meet and are taking specific action across all ministries to ensure the educational component is in so the public is aware of human trafficking. They are also in the process of implementing initiatives. As the member for Kildonan—St. Paul, I have been very concerned about the 2010 Olympics. It is something that we on the committee for the Status of Women talked about. I dare say that it is something our government is extremely concerned about and is taking concrete action to ensure vulnerable citizens and people from inside and outside of our country are protected.

Also, Bill C-2, which is sitting in the Senate right now, addresses a myriad of crime issues. It would help to put laws in place in Canada to suppress criminals who exploit children, the age of consent being one of those laws. This side of the House has been trying for a long time to raise the age of consent and the bill is still sitting in the Senate. I hear, to my dismay, that about 59 witnesses have been lined up. I am really suspect of the number of witnesses required to get this very important bill through. The age of consent has been in the House for such a long time and was finally put into Bill C-2 and now it is being held up in the Senate.

When we talk in the House about stopping the crimes against vulnerable victims, this is the concrete kind of action that needs to be taken. We need to pass Bill C-2 to ensure the laws of the land are in place to protect our most vulnerable citizens. We need to ensure that Bill C-17 is passed and in place, so border guards and patrols, NGOs and people who work at the borders can spot these vulnerable citizens who come through. We need a tool to use to ensure we can do something in a concrete way and protect these people.

We know human trafficking occurs in Canada. We have studied it and we know about the severity of the situation.

I commend the ministers in our government who have taken this issue extremely seriously. I also commend the members in the House who take this issue very seriously as well.

I caution that we should work together and support this. We can stand in the House and say that we need tougher laws, but when Bill C-2 is stopped in the Senate, we cannot get age of consent on the books as a law of Canada. It means that what is said in the House is not carried through.

We need to ensure that everything is done. Bill C-2 needs to be passed. The age of consent has to be raised. It helps innocent victims, not only the ones who are being trafficked but the young girls who are being sexually exploited. They go to court and because they are a certain age, they are up against older adults who can intimidate them. There is no law in Canada that raises the age of consent. If they are 14 right now and if a lawyer is skilful enough, he can prove it is was consensual sex.

We can do some very concrete things right now. Every one in the House of Commons can support the kinds of things that need to be done by allowing the things to go through in a timely manner and to ensure we also work together for additional support for our most vulnerable citizens, our youth.

The educational component of human trafficking is of paramount importance. If we can as Parliament stand up for the right laws, work together and ensure that Bills C-2 and C-17 are passed, that is a good start.

The educational component for the Olympics is already being talked about as well as other things.

I call on all members in the House to work together. I think we are all on the right page in many respects. We have to put our partisan differences aside and we have to work together.

I commend the member for London—Fanshawe for her interest, her support and for what she has brought forward this morning. However, I caution that the partisan issues need to be set aside. We need to get Bills C-2 and C-17 passed as laws in Canada. Then we have to continue to work, as we all are right now, on the human trafficking issue. It is very serious.

January 30th, 2008 / 5 p.m.
See context

Francisco Rico-Martinez Former President, Canadian Council for Refugees

Because we oppose the bill, we have a proposal to make and you have a copy of the proposal.

As mentioned earlier, one of our areas of priority is focusing on the need for protection for trafficked persons in Canada. We have been advocating for this for many, many years. In 2006, we welcomed Minister Solberg's introduction of guidelines for temporary resident permits as a step in the right direction. However, our monitoring of the experience with these guidelines has convinced us the guidelines are not sufficient to protect trafficked persons.

We decided it is necessary to amend the law to ensure there is a clear and permanent policy of offering protection to trafficked persons. Since measures to prosecute traffickers are in the law, it is appropriate that measures to protect victims are also in the law. Guidelines can only go so far. We know that. They do not have the force of law and may be changed as easily as they are adopted, and we know that as well.

We decided it would be helpful to develop a complete proposal outlining what we see as necessary. We present it to you, and we are going to read the key elements of the proposal.

The main objective of the anti-trafficking legislation must be to protect the human rights of trafficked persons. This bill doesn't.

Canada should follow the definition of trafficking found in the UN protocol. This bill doesn't.

Protection must be offered to trafficked persons without conditions. This bill doesn't.

Immediate temporary protection is to be offered if there are any reasons to suspect the person is a victim of trafficking. This bill doesn't.

There is a possibility of permanent status in certain cases after the trafficked person has had the time to make her own decisions. This bill doesn't.

We must remove from the regulations the provision that makes a risk of trafficking a factor in favour of detention, including of children. Trafficked persons should be treated as the victims of crime, not as criminals.

In conclusion, I have a few extra points. This bill needs a gender analysis. Traffickers exploit people's vulnerabilities and women and children tend, globally, to be more vulnerable than men in this particular area. Trafficking deprives those trafficked of control over their lives. It is therefore extremely important to approach the issue in a way that gives back to trafficked persons full control of their life. Bill C-17 takes exactly the opposite approach, closing off options, rather than giving greater power.

Consider the reports from Eastern Europe that a few years ago, in response to instances of trafficking in women, border officials trying to reduce trafficking refused admission to women trying to cross the border. Perhaps it made it more difficult to traffic women, but this also led to discrimination against women who were simply trying to cross the border to go about their own business.

About children, this bill thoroughly left out children. Children are among those who are trafficked. Bill C-17 fails to protect them because the bill only refers to temporary workers, which legally means persons over 18 years of age, and not children.

Non-status people in Canada are among those who are also exploited. Bill C-17 fails to protect them because they are already in Canada.

We encourage you to study our proposal and take action to have the principles turned into law. Thank you very much.

January 30th, 2008 / 4:55 p.m.
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Executive Director, Canadian Council for Refugees

Janet Dench

Thank you.

I am going to split the time I am allowed with my colleague Mr. Rico-Martinez.

The Canadian Council for Refugees is an umbrella organization with about 170 member organizations across Canada. This year, we are celebrating 30 years of work on behalf of refugees and immigrants. Our mandate is the protection of refugees in Canada and around the world, and the settlement of refugees and immigrants in Canada. We are active on a wide range of issues and we have had the privilege of appearing before this committee on a number of these issues in the past.

Our members have been concerned about the question of trafficking in persons for several years. With support from the federal government, we held a series of consultations locally and nationally in 2003, in order to promote awareness and develop recommendations. Through the consultations we identified two priorities: first, a need for increased awareness of the reality of trafficking in Canada, and second, the need for measures of protection for victims of trafficking.

Since then, we have continued our work on trafficking issues, coordinated through a subcommittee of the CCR which brings together representatives from various cities in Canada, in order to promote networking of anti-trafficking activists across the country.

With respect to our reaction to Bill C-17, when the earlier version of the bill was tabled as Bill C-57 we put out a press release giving our response. You should have a copy of that release before you.

We oppose Bill C-17. Not only does it fail to protect the rights of trafficked persons already here in Canada, but furthermore its approach is condescending and moralistic. It empowers visa officers to decide which women should be kept out of Canada for their own good.

We find Bill C-17 problematic in a number of ways. First, the bill fails to address the root problem with the existence in Canada of jobs that humiliate and degrade workers. Work permits can only be issued by visa officers after the employer's job offer has been validated by Human Resources and Social Development Canada. Why is such work available in Canada if it humiliates and degrades workers?

Second, only a handful of work permits have been issued to exotic dancers in recent years. Parliamentary time would be better used to address the broader problem of the exploitation of non-citizens in Canada.

Third, the bill proposes to address the problem of exploitation by excluding people, mostly women, from Canada. It is demeaning for women to have a visa officer decide that they should be kept out of Canada for their own protection.

The bill also fails to address the situation of the most vulnerable of exploited non-citizens, those who have no valid work permit. In fact, closing the door on valid work permits may expose women to greater vulnerability, by forcing them underground.

The government's focus on strippers betrays a moralistic approach. Instead of passing moral judgment, the government should work on ensuring that non-citizens' rights are protected and that they have the freedom to make informed choices about their own lives.

We also note that where there is a suspicion of trafficking, it is wrong to simply refuse a work permit to a woman without referring her to the appropriate local institutions or authorities for her protection and for the prosecution of the criminals involved. This is a clear violation of our international obligation under the UN protocol.

January 30th, 2008 / 4:40 p.m.
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John Muise Director, Public Safety, Canadian Centre for Abuse Awareness

Thank you, Mr. Doyle.

Thank you for the opportunity to testify before the immigration committee.

Just by way of introduction, I'm a retired 30-year veteran of the Toronto Police Service. I retired last year and have been the director of public safety at the Canadian Centre for Abuse Awareness on a more or less full-time basis for almost two years and as a volunteer for several years previous to that.

I've been to Ottawa on a number of occasions testifying on a number of criminal justice bills, but this is my first time before this committee, so thank you for the invitation and the opportunity.

Since 1993, the Canadian Centre for Abuse Awareness, an organization that survives solely through charitable donations, has raised awareness about the true cost of neglect through its support of victims of child abuse. Based in Newmarket, Ontario, north of Toronto, the CCAA is powered by a committed group of staff and volunteers who provide support to 70 partner agencies—we have a little warehouse, and we give stuff out to them, among a number of other things. Whether it's fulfilling a child's dream wish, assisting crime victims, developing abuse prevention programs and resources, or advocating publicly for legislative change—that's what I do—CCAA is committed to ending abuse.

In 2004, the CCAA went around the province of Ontario and spoke to 150 front-line criminal justice professionals, crime victims, survivors, and other interested parties, and from their voices we wrote a report called the Martin's Hope report, named in memory of Martin Kruze. Some of you will know that name. He was the survivor of the Maple Leaf Gardens child sexual abuse, who courageously disclosed publicly, and then subsequently, four days after his offender received two years less a day in prison—I guess it was the last straw for him—he jumped off the Danforth Viaduct.

The report lists 60 recommendations, 40 for legislative reform, directed at the federal government. We released the report in 2004, and we continue our work to try to get the recommendations instituted. Many of them relate to children in the sex trade, sex tourism, and similar ancillary matters.

With respect to the bill today, that human trafficking is an issue of significant worldwide concern there can be no doubt. Trafficking in women and children is a global issue that results in untold agony and suffering for hundreds of thousands of individuals and families. Source countries are most often third world and/or developing, where poverty is widespread, the rule of law is at best a fleeting mirage, and corruption is endemic. A number of government and NGO publications have and continue to detail this trade, and few, if any, commentators refute it.

Although Canada is not considered a source country, it is a destination and transit country for women and children trafficked into the commercial sex trade. Countries in Asia and eastern Europe are the principal sources, in addition to a number of other locations around the world. Asian victims often arrive in Vancouver and western Canada, and eastern European victims come to Toronto and other eastern Canadian urban centres.

That we are a destination should come as no surprise. With economic opportunity, the rule of law, little or no government corruption, and absence of civil strife and violence—quite frankly an embarrassment of riches—is it any wonder that we would have a flood of immigrants hoping for a new and wonderful life here in Canada? Whatever the reason or intention of the person arriving, the expectation is of a life improved, not impoverished.

The commercial and illegal sex trade is alive, living, and well in this country, from strip clubs or exotic dance clubs to the street corner, massage parlours, Internet child abuse, escort agencies, bawdy houses, telephone and Internet dating, and so-called holistic centres to name but a few. Anyone who has browsed the back pages of any urban independent daily, like the Toronto-based NOW magazine, or Eye Weekly, will find it all up front and centre for anybody to see, and much of it focuses on ethnicity and age. I'm talking about the fact of age being young, not old.

It's not so secret, a commercial and illegal sex trade. Page after page of adult classifieds offering all varieties of sexual services for a fee are on display, and many of the classified ads focus on the ethnicity of the provider. The sex trade is out in the open and booming, and it's clear what's being offered.

We don't believe that individuals wake up one day and decide, “Yes, I think I'd like to give a career in the commercial sex trade a try.” Although personal choice is usually a precursor--unless false pretenses or force are used--it is almost always as a result of life circumstances, including poverty, abuse, and other negative social circumstances that they may be escaping here in this country or from abroad. Even if some make the choice of their own free will, the majority are later subjected to emotional and physical abuse, forced drug use and concurrent addiction, and theft of income. As a result, many end up as indentured sex slaves.

These are the circumstances that confront a Canadian who ends up in the sex trade. The vulnerability and risk for a foreign national on a temporary visa would be increased significantly.

The CCAA raises all of this not because we are here looking for this committee to eradicate the sex trade. That won't ever happen. There has always been a sex trade and that will never change. Our concern is for the vulnerable and at-risk, people who the CCAA sees--and, we believe, society increasingly sees--as crime victims. Make no mistake about it, the people plying their trade in the back pages of these urban dailies and many others like them are the victims of serious crimes. Some have been victimized through human trafficking.

Our focus is on how we as a society can best ameliorate the risk to those vulnerable at the hands of these sex entrepreneurs and predators. We see the response happening across a number of fronts, including prosecution, prevention, and education. Before I finish today, I will briefly touch on some of those.

I was also happy to see Ms. Chow, Mr. Komarnicki, Mr. Carrier, and Mr. Batters all speak to some of the things that need to be done concurrently or post this legislation.

As all of you know, the amendment in Bill C-17, previously Bill C-57, proposes to protect from exploitation and abuse the potentially vulnerable foreign nationals who come to work in Canada. Doing so would allow--with concurrence from a second and presumably supervisory officer--an immigration officer or visa officer to refuse entry by a foreign national to work in Canada, where a person is “at risk of being subjected to humiliating or degrading treatment, including sexual exploitation”. That's what the legislation says. The guidelines or regulations governing this policy would require posting in the very public Canada Gazette.

We understand that current government policy decisions all but disallow entry to anyone who applies for work in the exotic dancer category. We salute the effort on that front to reduce sexual exploitation. We believe the proposed legislation takes these good policy intentions to the next level by providing statutory clarity. In other words, it would be carved in stone, and the policy underpinnings of the statutory requirement can be amended as necessary in real time for inclusion in the weekly Canada Gazette for all citizens to see. This approach, we would contend, is open and transparent, and we support it.

I know that some of you have wondered why this might be necessary when government policy already functionally does this in relation to those who attempt to enter as exotic dancers. In the same way the tap was recently turned off for exotic dancers, future governments could turn it back on. With this legislation, if an attempt is made to do that, presumably we'd find out as a result of the altered public policy published in the public Canada Gazette.

In addition, it should be noted that the language used in the enabling amendment in Bill C-17 would make it difficult to do this in any radical way. We believe there's a good way to conduct government business and enhance public safety and the prevention of crime at the same time.

Though we support this proposed amendment, we would be remiss if we didn't point out the necessity of responding to the issue of human trafficking on a number of fronts. Some of you participated in, or are certainly aware of, the work done by the Status of Women committee on human trafficking. Due to circumstances beyond our control, we were unable to attend and present, but we had made a number of recommendations for legislative and policy reform in relation to the sex trade. We've included them in our Martin's Hope report. They can also be viewed on our home page, at www.ccfaa.com. I'll provide this to the clerk later.

In any event, as you continue this essential work, these priority areas require more attention, in addition to this proposed legislation, if we are to protect those most vulnerable. The three areas that we think need significant help include working with all provinces to encourage passage of provincial legislation that will allow intervention to rescue children lost in the sex trade, and also, as a component of that legislation, providing enhanced licensing mechanisms to allow unfettered entry, padlocking, asset forfeiture, and prosecution of sex entrepreneur predators. These are the premises where we will find those who have been trafficked into the sex trade. Some of these premises are here in this magazine.

We should work with the provinces to provide the resources necessary to local and provincial law enforcement to create specialized units dedicated to the fight against human trafficking and other forms of sexual exploitation. We applaud the first step of creation of the national coordinating unit and the support provided to victims of human trafficking, including the extension of work visas and the protection of people who actually come forward.

The reality is that to track this problem in a substantive rather than accidental way, which is how most trafficking investigations are commenced now, we need boots on the ground locally and provincially. Organizations like the Ontario Provincial Police and the Toronto Police Service need to be able to do this.

The last one is to ensure appropriate training for immigration officers--I know Ms. Chow spoke to this in a certain fashion--to best recognize those at the highest risk for being trafficked into the sex trade and to ensure entry is denied where the risk is high. In addition, we should ensure appropriate government manpower is available to provide follow-up investigations in this country where certain temporary workers might have an increased possibility of risk for sexual exploitation. These are some of the things that Mr. Carrier, Mr. Batters, and Mr. Komarnicki spoke of.

This committee may want to consider a request to the interdepartmental working group to consider and develop these three recommendations.

Finally, we'd like to thank the committee for the opportunity to weigh in on this most important public safety matter. If there is anything that CCAA can do in relation to the human trafficking file or as it relates to the points immediately above, we stand ready to help.

Thank you very much.

January 30th, 2008 / 4:35 p.m.
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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Well, I guess we'll put Bill C-17 off until we get the information.

January 30th, 2008 / 4:30 p.m.
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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

We'll stall Bill C-17 until we get the information, Mr. Chair. Is that what you're suggesting?

January 30th, 2008 / 4:30 p.m.
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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Chair, on a point of order, before the witnesses go, they did undertake to provide us some information. Through you, sir, I would like to ask directly to the witnesses what would be an acceptable time before we get those answers.

The parliamentary secretary will want us to move Bill C-17 along. I don't want to stall Bill C-17 while we still don't have an answer. Unless we get the answers, we can't move along, so I want to find out, through you, sir, what's an acceptable timetable.

January 30th, 2008 / 4:25 p.m.
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Director General, Immigration Branch, Department of Citizenship and Immigration

Les Linklater

Bill C-17, Mr. Chair, would allow CIC officers to refuse a work permit to someone because of their own characteristics. Where they may face that abuse or exploitation right now, the act and regulations are very directive that subject to the criteria being met, a work permit shall be issued.

To allow the minister to have the same authority to refuse as she does to overcome inadmissibilities is the key here.

January 30th, 2008 / 4:25 p.m.
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Conservative

Dave Batters Conservative Palliser, SK

Thank you, Mr. Chair.

I appreciate the officials being able to take the time to appear before our committee.

I have a quick question I want to lead you into, Mr. Linklater. I was hoping we'd touch on this, but we haven't yet.

I think we're all in agreement with the purpose of Bill C-17; there are just a lot of questions around the table as to the details, and the devil is in the details. I think we need to have a lot better explanation of how this is going to work with our visa officers abroad, in terms of how these decisions will be made.

For instance, Lady X from Hungary goes to a job in Canada with what many of us in this room and most Canadians would consider an unscrupulous employer--a massage parlour owner. She has a job contract that says she's going to be a cleaner, a waitress, or a registered massage therapist, but that's not the case. She knows exactly what type of work she's going to be doing; she's going to be in the sex trade and she's going to be doing things that are illegal in this country.

Isn't it true that Citizenship and Immigration Canada will ultimately be working with partners such as the RCMP or Human Resources and Skills Development Canada to actually follow up and target which employers are unscrupulous and keep a list of them that will help the visa officers abroad? From my understanding and reading of Bill C-17, unless our visa officers abroad have a list of places that are unscrupulous, they can be told all kinds of stories. How can they possibly make a determination of who is going to work as a legitimate worker and not be exploited, and who will be exploited in Canada?

January 30th, 2008 / 4:20 p.m.
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Director General, Immigration Branch, Department of Citizenship and Immigration

Les Linklater

Mr. Chair, as I said earlier, Bill C-17 is one of the tools we wanted to add to our toolbox. For example, we work with our colleagues from Human Resources and Social Development Canada on developing a framework for overseeing employers in Canada, in cooperation with the provinces. Most of them have responsibility for managing labour standards and the labour market. Bill C-17 will contribute to that effort, which will make it possible to provide vulnerable workers with greater protection.

January 30th, 2008 / 4:20 p.m.
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Director General, Immigration Branch, Department of Citizenship and Immigration

Les Linklater

That is a very good question, Mr. Chair.

My response would be that we know that about one-half of all temporary foreign workers who come to Canada every year are what we would call low-skilled: people who are required to have high school education or less to perform the work that's being offered in Canada. Many of these people are coming from countries where English or French is not widely spoken. Bill C-17 would certainly provide additional opportunities for protections for that segment of the temporary foreign worker population.

As has also been mentioned, we've seen a growth in the number of temporary foreign workers over the last few years, particularly of the low-skilled, driven by economic developments. We feel that the authorities in Bill C-17 would be helpful to ensure broader protection.

January 30th, 2008 / 4:10 p.m.
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Director General, Immigration Branch, Department of Citizenship and Immigration

Les Linklater

Mr. Chair, Bill C-17 would build on some of the things that have already been done. In June, the minister announced an extension of the temporary resident permit for victims of trafficking from 120 to 180 days. This allows them to have access to services, including trauma counselling.

January 30th, 2008 / 4:05 p.m.
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Director General, Immigration Branch, Department of Citizenship and Immigration

Les Linklater

With the growth of the temporary foreign worker program over the last number of years, we really do need to look at a suite of measures to ensure that while the economy gets the skills it needs, we are putting in place the appropriate checks and balances to make sure that workers are not going to be abused or exploited by unscrupulous employers or recruiters or agents.

Bill C-17, as I said, is one of the pieces of that tool kit, if you will, that would allow us to provide that extra measure of protection when, all things being equal, the person might be able to do the job but because of their own circumstances--poor language skills, lack of supports, their own personal experiences--they would be at risk of abuse once here in Canada.