This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.
This bill was previously introduced in the 40th Parliament, 2nd Session.
Joy Smith Conservative
Introduced as a private member’s bill.
This bill has received Royal Assent and is now law.
This is from the published bill.
This enactment amends the Criminal Code to include a minimum punishment of imprisonment for a term of five years for offences involving trafficking of persons under the age of eighteen years.
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.
Joy Smith Conservative Kildonan—St. Paul, MB
Mr. Speaker, I also have hundreds of names on a petition to stop human trafficking, to support Bill C-268 and to get it passed as quickly as possible.
Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC
Mr. Speaker, this is National Victims of Crime Awareness Week, an opportunity to remember that every victim counts.
Our Conservative government has always made it a top priority to protect law-abiding Quebeckers and Canadians. We created the Office of the Federal Ombudsman for Victims Of Crime, we passed the Tackling Violent Crime Act, we introduced a bill to get tough on violent and repeat young offenders and, as announced in the Speech from the Throne, we will introduce more bills to strengthen victims' rights.
That being said, I would be remiss if I did not mention a sad anniversary. Nearly a year ago, the Bloc Québécois voted against Bill C-268, a bill to end trafficking in children. That was completely unacceptable.
Despite the Bloc's opposition to our justice and crime initiatives, our government is making sure that victims' rights take precedence over those of criminals.
Trafficking of persons under the age of eighteen years)PetitionsRoutine Proceedings
Conservative
Joy Smith Conservative Kildonan—St. Paul, MB
Mr. Speaker, I have with me 1,500 signatures or more regarding my Bill C-268. People are encouraging the bill to become a law very soon. Many people are waiting for it so they have sent those petitions in.
Joy Smith Conservative Kildonan—St. Paul, MB
Mr. Speaker, as Canada celebrated International Women's Day yesterday and we are currently in the middle of International Women's Week, I believe it is important to reflect on the impact that this budget and our previous budgets have had on women.
This year, Canada's theme for International Women's Day is “Strong Women. Strong Canada. Strong World.” It reflects our government's firm belief that increasing women's participation and access to leadership roles and opportunities will help women and girls reach their full potential and help build a more prosperous Canada.
Canadian women have made enormous strides and the current government has the highest percentage of women in cabinet in Canadian history. The House of Commons currently has 67 women in it.
A strong economy that benefits all Canadians remains our government's top priority. Our objectives are to fully implement the economic action plan, balance the budget once the economy has recovered, and build Canada's economy for the future. Our economic and social programs are helping hundreds of thousands of women at every income level to take action to increase their security and improve their lives.
For example, since 2006-07, a total of 396 projects have been approved by the Government of Canada through Status of Women Canada. Our federal government is investing over $19 billion in 2009-10 in supports for children and their families. This includes approximately $5.9 billion for early childhood development and child care. Since 2006, the federal government's universal child care plan provides choice in child care to all parents of young children, whether they work in the paid labour force or care for their children at home.
This plan has two components. First, the universal child care benefit offsets the cost of whatever form of child care parents choose, providing families with $100 per month for each child under six. Second, there is $250 million in new transfers for provinces and territories to support the creation of child care spaces in addition to other transfers for early childhood development and early learning and child care.
In all, federal transfers in support of families with children total over $1.13 billion this year. When we talk about this budget and about the track record that our government has had, especially for women and children in this country, it is of paramount importance. This budget speech will centre around what our government has done, especially for women. It will also talk about some of the opportunities that my riding of Kildonan—St. Paul has had to improve its community centres and infrastructure.
As far as the economic benefits of women are concerned, employment insurance has several features that benefit women, including extending parental benefits to 35 weeks and allowing recipients to work. Self-employed women now have greater access to business financing and a full range of supports to launch and expand their businesses.
Women are now one of the business engines in our economy. As I speak, many women are starting their own home businesses. They are engaging in the business world, creating a lot of jobs and stimulating the economy. This is a result of the opportunities that our government has put in place for women to grow their businesses.
The aboriginal human resources development strategy and the aboriginal skills and employment training strategy focus on supporting demand-driven skills development, fostering partnerships with the private sector in the provinces and territories, and emphasizing accountability and results. A lot of women are involved in these strategies.
A variety of federal supports, such as the Canada child tax benefit, the national child benefit supplement and the child disability benefit, help women combine earning with caring for their children. In addition, the child-rearing provision in the Canada and Quebec pension plans helps increase women's retirement income. These are very important elements. In my riding, many older women are telling me they wished they had these benefits when they were raising their children years ago.
The Fairness for the Self-Employed Act extends special employment insurance benefits like maternity, parental, sickness, and compassionate care to self-employed individuals, a growing number of whom are women doing this on a voluntary basis.
The aboriginal skills and training strategic investment fund supports a number of projects that target aboriginal women, including one to increase women's knowledge of business management, financial management, and small business development. Another project seeks to engage aboriginal women in academic and educational activities.
The working income tax benefit supplements the earnings of low income workers, many of whom are women.
I want to talk about violence against women. As members know, Bill C-268 is currently in the Senate and I am awaiting its passage. Under the federal government, in March 2008 the Government of Canada announced five new shelters to be built in five provinces to address violence against first nations women and children. In the 2007 budget, it included funds to expand the new horizons for seniors program. A portion of that goes to the elder abuse awareness program to foster activities to help reduce the incidence of abuse of older adults. Many older women are recipients of this abuse.
Starting in 2007 our government committed $6 million annually to help prevent human trafficking and online child exploitation. As members know, the horrendous crime of trafficking of children is growing in the country. The government has acknowledged that funds must be put in place to help combat it.
In 2008 Canada also strongly supported the renewal of the mandate of the UN Special Rapporteur on violence against women, to collect information, recommend measures to eliminate violence, and remedy its consequences. Under the administration of the Government of Canada, there have been many inroads and steps forward to help support women, children, and the most vulnerable people in society.
In December 2009 Status of Women Canada contributed $1 million to UNiTE to End Violence Against Women. That is a project run by shelter organizations across Canada to facilitate the national exchange of best practices and to design a national network of women's shelters across Canada. This is connecting the dots.
On January 15, 2009, Public Safety Canada, the RCMP, and the Canadian Crime Stoppers Association partnered to develop a national media campaign to raise awareness on human trafficking and to access the crime stoppers' 24/7 anonymous national tip line for reporting suspected cases of human trafficking, which includes the domestic trafficking of women and girls for the purposes of sexual exploitation.
The budget is all about stimulating the economy. In looking at the new budget that was just announced a few days ago, it is continuing that stimulation of the economy. It is supporting women and children, and also our most vulnerable citizens, our elderly. However, it also provides at the community level dollars and cents that are put into programs such as the RInC program. Manitoba infrastructure has been the recipient of that money. In my riding, many centres like the Gateway Community Centre, the Gwen Secter Creative Living Centre, the Garden City Community Centre, and the Red River Community Centre have been recipients of these programs.
In Canada's communities, many children who go into their community rinks and recreation centres have the opportunity to grow, learn sports, be healthy, and stay out of trouble. Families can do this kind of activity together. It is low cost.
In terms of looking at the budget, it is staying the course. It is making Canada a place where people can grow, live, and be able to prosper.
Canada went into the recession late. We are coming out of the global recession. It is a fragile emergence from the global recession. Canada has much to be proud of.
The Speaker Peter Milliken
I would like to make a statement concerning private members' business. Standing Order 86.1 states that all items of private members' business originating in the House of Commons that have been listed on the order paper during the previous session shall be deemed to have been considered and approved at all stages completed at the time of prorogation.
In practical terms, this means that notwithstanding prorogation, the list for the consideration of private members' business established at the beginning of the 40th Parliament shall continue for the duration of this Parliament.
All items will keep the same number as in the first and second sessions of the 40th Parliament. More specifically, all bills and motions standing on the list of items outside the order of precedence shall continue to stand. Bills that had met the notice requirement and were printed in the order paper, but had not yet been introduced, will be republished on the order paper under the heading “Introduction of Private Members' Bills”. Bills that had not yet been published on the order paper need to be re-certified by the office of the Law Clerk and Parliamentary Counsel and be resubmitted for publication on the notice paper.
All items in the order of precedence are deemed to have been considered and approved at all stages completed at the time of prorogation. Thus, they shall stand, if necessary, on the order paper in the same place or, as the case may be, referred to the appropriate committee or sent to the Senate.
At prorogation, there were 11 private members' bills originating in the House of Commons adopted at second reading and referred to the appropriate committee. Therefore, pursuant to Standing Order 86.1: Bill C-290, An Act to amend the Income Tax Act (tax credit for loss of retirement income), is deemed referred to the Standing Committee on Finance.
Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, is deemed referred to the Standing Committee on Foreign Affairs and International Development.
Bill C-304, An Act to ensure secure, adequate, accessible and affordable housing for Canadians, is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
Bill C-308, An Act to amend the Employment Insurance Act (improvement of the employment insurance system), is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
Bill C-309, An Act establishing the Economic Development Agency of Canada for the Region of Northern Ontario, is deemed referred to the Standing Committee on Industry, Science and Technology.
Bill C-310, An Act to Provide Certain Rights to Air Passengers, is deemed referred to the Standing Committee on Transport, Infrastructure and Communities.
Bill C-391, An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry), is deemed referred to the Standing Committee on Public Safety and National Security.
Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act, is deemed referred to the Standing Committee on Industry, Science and Technology.
Bill C-395, An Act to amend the Employment Insurance Act (labour dispute), is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
Bill C-442, An Act to establish a National Holocaust Monument, is deemed referred to the Standing Committee on Transport, Infrastructure and Communities.
Bill C-464, An Act to amend the Criminal Code (justification for detention in custody), is deemed referred to the Standing Committee on Justice and Human Rights.
Pursuant to Standing Order 97, committees will be required to report on these reinstated private members’ bills within 60 sitting days of this statement.
In addition, one private members’ bill originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following bill is deemed adopted at all stages and passed by the House.
Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years). Accordingly, a message will be sent to the Senate to inform it that this House has adopted this bill.
As they are no longer members of this House, all the items standing in the name of Ms. Dawn Black, Mr. Bill Casey and Mr. Paul Crête will be dropped from the order paper.
Consideration of Private Members’ Business will start on Friday, March 5, 2010.
To conclude, hon. members will find at their desks an explanatory note recapitulating these remarks. I trust that these measures will assist the House in understanding how private members' business will be conducted in the third session. In addition, the table can answer any questions members may have.
Brian Jean Conservative Fort McMurray—Athabasca, AB
Mr. Speaker, one key measure put forward by a member of this Conservative government to protect women was Bill C-268, a private member's bill introduced by the member for Kildonan—St. Paul. The bill would protect women from human trafficking by introducing a mandatory minimum sentence for the trafficking of minors, a disgusting situation that even exists in Canada.
I applaud the member for Kildonan—St. Paul for her work and continuous effort on this issue. She is standing up for the most vulnerable in our society and has done a lot to bring the issue of human trafficking to the attention of parliamentarians.
Unfortunately, although Bloc members talk the talk, they do not walk the walk. The member for Laval voted against Bill C-268 and I am sure she had the best intentions. I know the member and I respect her, but I do not know why the member, who speaks so passionately, would stand up against such a bill.
Child Protection Act (Online Sexual Exploitation)Government Orders
November 26th, 2009 / 11:10 a.m.
Conservative
Joy Smith Conservative Kildonan—St. Paul, MB
Mr. Speaker, I am pleased today to stand in the House of Commons with parliamentarians from all parties to talk about Bill C-58. In this Parliament probably one of the most important things we are doing is addressing the protection of our most vulnerable citizens, our children.
Bill C-58 would provide a level of certainty for all those who supply an Internet service to the public that they would be held to the same reporting standard with regard to child pornography. We have heard in the House that child pornography is on the increase. The images that are displayed are becoming more and more violent. Our government recognizes the efforts of major Internet service providers in voluntarily reporting this type of material.
However, creating a uniform mandatory reporting requirement with respect to Internet child pornography on all who supply Internet services to the public across Canada will strengthen our ability to protect children from sexual exploitation.
As I have listened to the speeches, there has been a thread throughout and this thread has been that all members feel that this is a horrendous crime against children. Mr. Speaker, you have small children and I know that it must touch your heart because our children are our most precious gift.
The bill would improve the law and improve law enforcement's ability to detect potential child pornography offences and help reduce the availability of online child pornography. It would also facilitate the identification of victims so they may be rescued and help identify and apprehend offenders. This is a very important piece of legislation. We have heard in the speeches that there are 1,400 police reported child pornography incidents of which 440 resulted in charges, and that is not even up to date. There are more today in the year 2009 going into 2010.
Many good people across this nation are watching and putting the lens on what Parliament is doing in terms of protecting our children. Traditionally speaking, Parliament is a place that sometimes can go wonky. Even though a good bill is presented, sometimes it does not get passed. We have a lot of unnamed people making a lot of unnamed speeches that sound good, but in the end the laws sometimes do not get passed.
As we know, after we deal with the laws here in the House of Commons, they then go into the Senate where they must be examined before they can receive passage.
I want to talk about people across the country who have made a big difference and who are watching what our government is doing in terms of child pornography. I am proud that our government also introduced related bills that have supported Bill C-58. So there is a concerted effort with our government to address our most vulnerable citizens and to protect our children.
Our government recently produced three hard-hitting related bills and one is Bill C-46 which was brought forward on June 18. That bill would require Internet service providers to provide police with email and ISP addresses of those viewing child pornography. It also would require ISPs to freeze child pornographic data for 21 days. It also would require cell phone companies to assist police in tracking child porn on cell phones and BlackBerries.
Again, Bill C-47, which was passed on June 18, was a bill that permitted police to obtain information about clients from ISPs and requires companies to acquire the technical ability to allow police to intercept information. Bill C-58 is just another building block on this foundation that helps protect our children.
In my travels over the past decade, I have met many of the people working on this issue of human trafficking and child porn in our country. As a mother of six children and the mother of an RCMP officer who used to be in the integrated child exploitation unit, I have seen first-hand the cost that a lot of these police officer have paid. They sat there and viewed those images. They went out and tried to get the bad guys. I pay honour and respect to all the police officers who have done that.
Many of the projects across the country outside of Parliament Hill have really put pressure on all of us as members of Parliament to stop this horrific crime. When we talk about child porn over the Internet, it brings to mind Mr. Brian McConaghy who was the founding director of the Ratanak Foundation. He is a forensic scientist with the Royal Canadian Mounted Police and has served with the Royal Canadian Mounted Police for 22 years. He worked tirelessly to help build the case against Donald Baker. For 19 of those 22 years, he performed his duties with the RCMP while setting up and running this foundation. After that, he continued on.
I was talking to Mr. McConaghy yesterday. He and I work on different things.
When we are talking about the Olympics, human trafficking or child porn, they are all connected. What makes these police officers and front line workers who work with the victims of Internet child porn so special is their heart.
The Baker file has been forgotten in some cases but other files keep coming up. They come and go. They are horrendous and yet they are forgotten. I know everybody remembers the Willie Pickton file in B.C., which was a horrendous case that hit the front pages. The RCMP officers and the police vice officers who were working on Internet child porn and on these cases were deeply touched by the victims of this crime.
When we have people watching these images on the Internet and when they go across the ocean and act on those images and fantasies, they come back and continue that appetite for acting on the fantasies because they have allowed themselves to go into that dark place that human beings often have with child pornography.
We talk about the front line officers and we talk about the victims but I want to talk about one victim just to impact our Parliament today so that we understand.
Serena Abbotsway was killed by Willie Pickton. She was a kind young girl who was on the streets helping young people who were victims of human trafficking and child pornography. She underwent many beatings in trying to rescue people because she herself was a street person.
Mr. McConaghy is off to Cambodia right now but when I was talking to him the day before yesterday, he was telling me, as a forensic scientist, how he became attached not only to the cases but also attached to the victims.
He told me what it felt like to look at the skull of Ms. Serena Abbotsway and to look at the picture he had of her. She was baptized at a church on the east side. She worked on the streets and was involved in all kinds of different things. There, before him, was her remains.
He treated her remains with respect as he went through her particular case. When he finished doing his forensic science work, he put her skull away and said goodbye to her. He told her that he would never forget her and that he would do the best he could to ensure that other victims were not hurt.
We can talk about people like Matt Logan. In Parliament the public needs to know about these unsung heroes who work so hard every day. Matt Logan is a recently retired RCMP officer. He has penetrated the psyches of countless psychopaths, pedophiles and hostage-takers. He has spent time in the jail system assessing predatory sex offenders. He is one of only seventeen people in North America who are both police officers and qualified psychologists, and one of even fewer who specialize in the criminal mind.
The member opposite mentioned the toll it took on the police officers. I know many police officers who have taken that toll because of their work. Matt Logan knows an awful lot about pedophiles and about their minds. He knows how to get into those minds and how to rescue the victims.
Staff Sergeant Logan has done so much to bring this issue to the forefront on our national scene. He said that he had a hard time believing that, given an opportunity, the child predators, when after watching victims, would not act on their fantasies. He said, “Child pornography exists primarily for the consumption of predatory child molesters”.
It is the beginning of something that can grow. Logan, who is a criminal psychologist in the RCMP's behavioural science group, has done extensive work with sex offenders. He has been called on more and more to consult on child exploitation cases.
RCMP Matt Logan describes two types of child molesters, the situational and the preferential. He says that most molesters fit into the situational category. He says that means most are male and are indiscriminate with victims, committing sexual assault based on accessibility to a victim. If they have a pornography collection, child porn is usually a small portion of it. He says that the preferential child molester can be of any age, driven by fantasies centred on a specific age, gender or even the look of a child. Most gravitate to prepubescent. Is that not shocking?
RCMP Logan said that although he had worked with some whose fetish was newborns, preferential child molesters also had a long-term pattern of behaviour and almost certainly collect child porn. He says, “The images and erotic stories fuel the fantasies that “drive the bus” to hunting and molesting a child”. This is a statement from a seasoned 22-year RCMP officer who worked in this area.
Bill C-58 is extremely important.
Talking about close to home, my son is an RCMP officer and is in the ICE unit. On his days off, he goes all over the country, talking to associations and groups about how to protect their children against child molesters. In fact, next Friday night he and I will do a joint presentation at one of those locations.
There are other people, like Lianna McDonald, who is the head of the Canadian Centre for Child Protection. She does so much to try to get the cybertip lines up and running. She works hand-in-hand with Beyond Borders, with Roz Prober.
For the first time, businesses across the country are putting money toward organizations that are fighting child trafficking and child porn. One of those organizations is The Body Shop. It has recently launched a huge initiative about hand cream. My Christmas baskets are going to be filled with its hand cream because of its support for the protection of child victims from human trafficking and from child porn.
I want to talk about Paul Gillespie. Paul Gillespie was on the streets protecting children, victims of child abuse. He worked on the ground with many of these young women. I have met some of the young women whom he has rescued. Now he is with KINSA, the Kids Internet Safety Alliance. He works with Canadian law enforcement and other partners to deliver training and build capacity among the police of developing nations to help them find and rescue victims of child abuse, whose images are shared on the Internet. Once rescued, he helps the victims and their families receive support to help them heal through the Mothers Online Movement, MOM. It is a powerful community network. These are the unsung heroes who are listening today to what is going on in Parliament.
Paul Gillespie, a former police officer, built and led the child exploitation section of the Toronto Police Service Sex Crimes Unit. He has become widely known as a world leader on this issue. I consider him a very good friend of mine and someone who is one of those unsung heroes. He has never been brought to the forefront for his work. Today I want to do that and to thank him.
Then we have the small groups that are springing up all over our nation, those groups that do not receive any money from anyone, but they find out about human trafficking and child porn. They go out and educate people. I have always said that education is our greatest tool.
We can talk about Naomi Baker from Canada Fights Human Trafficking. She has brought so many people together and educated many of them on how to protect their children.
We can talk about Natasha Falle. She is my hero because she was a victim of trafficking and was the daughter of a cop. She is off the streets now. She has helped so many people. She now runs Youth Unlimited. We will never find a more articulate, more beautiful, more grounded person than Natasha Falle. She is the poster girl for getting programs in place that will protect and help these victims because they can be rehabilitated.
We can talk about the beautiful Temple Committee Against Human Trafficking in Montreal, started by Rabbi Lerner.
Many people are working so hard to ensure that this horrendous crime is suppressed. Even today in the other chamber, Bill C-268 is awaiting the passage by the Senate. We look forward to all senators supporting that bill.
Over and over we hear in Parliament that this issue has to be a non-partisan one. When it comes to the protection of our children, parliamentarians have to work together. It is so important.
The Olympics are coming upon us in a very short time. I happen to know the bad guys now are getting all the girls together. I know some towns from where they have taken some of these girls.
We cannot sit and wait. This is Canada's hidden secret. This is one of our darkest spots in history when child sex slavery is allowed and when child porn has become something of a joke to some of the people in our country. We have to take this seriously. We have to speak out. As parliamentarians, we cannot afford the luxury of in house bickering. We can only afford the luxury of the privilege of putting laws forward that will protect our most vulnerable victims.
Nicole Demers Bloc Laval, QC
Yes, long years in prison, as my colleague from Trois-Rivières has said.
It may seem odd but we have to be careful when drafting a bill. This morning, I asked my colleague from Marc-Aurèle-Fortin if he thought that the government was in a little too much of a hurry to pass its bills and everything to do with its law and order legislative agenda. In fact, it seems that they want to move quickly, that they want to ram it down our throats so that citizens will think that it is the kind of good government that defends the widows and orphans. That kind of government does not necessarily advertise the replacement of doorknobs, as occurred recently. They spent $100,000 to announce that some doorknobs were going to be replaced. I have serious doubts about the pertinence of certain aspects of this bill.
I have serious doubts and at the same time, out of concern for those people we must protect, we must ensure that the bills put forward will truly meet the needs of our citizens and our society.
To that end, we truly need a government that works with the provinces and territories to ensure that we have all the structures required to implement the bill. If we do not have enough police officers or enough supports in place to implement this bill, we will not be able to thwart those who have been engaging in fraud for a very long time and who will continue to do so.
My colleague talked about a person who went away on vacation and returned home to find someone else living in his house. That could happen to anyone. We have to recognize that in our society, fraudsters are the most obvious bad guys, but they are not the only bad guys on the list. Other individuals help carry out these crimes. There have been corrupt notaries, corrupt lawyers, and less-than-honest bank and financial institution employees. We have to understand that perpetrating fraud can involve several people.
We saw that with Vincent Lacroix and Norbourg. The bank he was dealing with gave him tips for committing fraud. That is not right. Individuals who should be trustworthy betrayed the trust of people who placed their money in such institutions. The important thing is for the government to work with the provinces, but I have my doubts.
As my colleague from Shefford pointed out, this government is not interested in working with any of the provinces on a long-term basis on issues that really matter. It claims to be open, to want to work with the provinces, but when real things happen, when real situations arise, they ignore the National Assembly of Quebec's unanimous—that being the operative word—decisions. We have seen this happen with Kyoto, with the securities commission, and now. The government is willing to go to the Supreme Court to make sure that it can implement something that nobody other than the federal government and Ontario want because they are the only ones who would benefit.
We have to be wary of this government. I say that because I know that someone tried to impersonate me in my riding, to impersonate my office by sending my fellow citizens various brochures. I did not send these items, which were about the Conservatives' so-called recovery plan, their so-called Bill C-268. They accused Bloc members in general and me in particular of speaking against children and for molesters and abusers. That too is fraud. That too is taking advantage of people's weakness, taking advantage of elderly people who are isolated. That is playing on people's fears. It is not honest, and it is not right.
Having seen such false advertising, who can blame us for doubting the government's good faith when it says that it wants to pass its law and order legislative agenda to help victims of crime? If the government wants to help these people, it should do something about the 500 First Nations women who were murdered and raped. Nothing was done for them, nobody looked for any answers, nobody tried to figure out why it happened or find the people who did it. If the government really wants to help victims of crime, it should act on the information we already have, in areas under its jurisdiction that it has the power to do something about.
It should not try to intervene in areas that are not under its jurisdiction.
I will close by saying that we will vote for this bill because we truly believe that white-collar criminals should be punished and put in jail.
I would remind my colleagues that such criminals should be very glad we voted against minimum prison sentences, because as of now, those sentences would have applied to them.
David Anderson Conservative Cypress Hills—Grasslands, SK
Mr. Speaker, the House of Commons has seen some strange sights but it has been a long time since it has seen anything as strange as our vote Wednesday evening.
The member for Kildonan—St. Paul has committed herself to dealing with the issue of human trafficking, especially the repulsive practice of enslaving and trafficking children. She brought forward Bill C-268, a bill that deals directly with trafficking by strengthening the penalties for involvement in this parasitic activity. It touches upon issues of recruiting, kidnapping, controlling, assault, transporting and harbouring involved in the exploitation of children.
Amazingly, the Bloc and some NDPers voted against this bill. For some people, ideology always overrides common sense.
Thankfully, Bill C-268 has passed third reading in the House of Commons. I call upon the Senate to deal with it expeditiously. The children of our country need it to become law as soon as possible. The Senate should do the right thing and do it now.
Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC
Mr. Speaker, in Montreal last Sunday, many people, including Conservative Party members from Quebec and Manitoba, took part in a march to stop the trafficking of children. Who stood out, by their absence? The members of the Bloc Québécois. Not one of its 49 members attended to support the cause of children who are victimized, not even the members from Montreal.
Since the introduction of Bill C-268 against human trafficking, the Bloc members have systematically sided with the rights of criminals. Their party leader says over and over again that he only votes in the interest of Quebec. Imagine that. They continued to vote against this bill. So, for the Bloc, voting in favour of Bill C-268 is not in the interest of Quebec, and even less in the interest of Quebec's children, who are the future of our nation.
By choosing to vote for the rights of criminals instead of showing compassion for children who are the victims of human trafficking, the Bloc leader and his members are clearly showing where their priorities lie.
The House resumed from September 29 consideration of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), as reported (with amendment) from the committee, and of Motion No. 1.
Human TraffickingPetitionsRoutine Proceedings
September 30th, 2009 / 3:30 p.m.
Conservative
Dona Cadman Conservative Surrey North, BC
Mr. Speaker, on behalf of the member for Kildonan—St. Paul, I would like to present petitions from many communities across Canada.
The petitioners call on parliamentarians to support Bill C-268. The bill will be voted on tonight, and Canada's citizens are counting on parliamentarians to support it.
Criminal CodePrivate Members' Business
September 29th, 2009 / 6:40 p.m.
Simcoe—Grey Ontario
Conservative
Helena Guergis ConservativeMinister of State (Status of Women)
Mr. Speaker, I am pleased to rise today to debate Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
My colleague the hon. member for Kildonan—St. Paul in Manitoba is a good friend of mine, someone I have worked very closely with since I became a member of Parliament and who is considered to be an expert in human trafficking. I would like to acknowledge the international award she has received for her work on this issue. I am pleased to support her, and I also want to congratulate her on her efforts.
Bill C-268 is an important bill. It seeks to impose a mandatory minimum penalty of five years imprisonment for trafficking a person under 18 years of age.
The bill addresses the horrific crime of trafficking in persons, a deplorable act. The crime of trafficking in persons involves the recruitment, movement or harbouring of a person by means of deception, coercion or force. It is known as modern-day slavery.
It is estimated that between 700,000 and four million people are trafficked annually worldwide, through sexual exploitation or forced labour. The estimates vary widely because these crimes go unreported and the victims are often unknown.
It is also estimated that the underground market in the trafficking and smuggling of persons represents close to $7 billion U.S. per year globally, quickly rivalling the extensive trade in illegal drugs and firearms as a source of profit for organized crime.
Those involved in the adult sex trade are often among the most vulnerable members of our society. Their involvement in sex work often puts them at an increased risk for harm and abuse.
This government remains deeply committed to combating the exploitation of women and girls.
Addressing such harm requires the enforcement of existing criminal laws as well as a range of non-legislative responses, including prevention and other support initiatives.
Our government has been working diligently through its overall anti-trafficking strategy, guided by the three P's that were mentioned by my colleague earlier: preventing trafficking, protecting victims, and prosecuting offenders.
Our government is committed to combating violence against women and girls. We are committed to helping the most vulnerable. As Minister of State for the Status of Women, I can confirm that our government, through Status of Women Canada, is funding grassroots organizations across the country that are working to address trafficking. We believe they are best equipped to help the most vulnerable.
One of those organizations, the Assembly of Manitoba Chiefs, has a project called prevent human trafficking: stop the sexual exploitation of first nations women and children. This initiative will develop partnership networks as well as other measures to prevent and protect women and youth from sexual exploitation and trafficking. Aboriginal women and youth are among the most vulnerable members in our society today.
We are also proud of the work we are doing with Sisters in Spirit. This initiative is spearheaded by NWAC, the Native Women's Association of Canada. I want to take a moment to congratulate the new president Jeannette Corbiere-Lavell. I look forward to working with her. I also want to acknowledge the incredible work of Bev Jacobs, and the families and victims for the stories they have told. The program is a research project to ensure there is more public awareness of the aboriginal women we have lost. I want to commend them for their courage in their work to give the lost spirits a voice.
I mentioned briefly the grassroots organizations that we are supporting.
Our government has made some significant changes to Status of Women Canada. We have increased the funding available to grassroots organizations across the country by 41%. With that, we have seen an increase in the number of organizations that are receiving support and funds to deliver their projects to the most vulnerable women across the country. The benefits from these changes to date have impacted 100,000 women directly and one million women indirectly.
Over the past year I have been meeting with many Canadians, particularly women, from coast to coast to coast, to engage in discussions about violence against women. I have met with thousands of Canadians, and they have indicated the need to address this very serious issue of human trafficking as well as the need to ensure that women have a safe place of refuge, such as shelters.
That is why our government was proud to support the first ever World Conference of Women's Shelters. I was pleased to bring the organizations together toward establishing an international network of shelters, so that Canada can continue to lead, so that we can transfer knowledge and share best practices.
Human trafficking in women and girls occurs, we know, both domestically and internationally, and our government is tackling the issue on both fronts. I had the honour of leading the Canadian delegation to the annual meeting of the UN Commission on the Status of Women to reiterate our government's commitment to end this practice, along with other gender-based crimes.
In November 2005 this government introduced reforms to Canada's Criminal Code that created three indictable offences related to human trafficking. The Criminal Code reforms were the first deliverables through this government's anti-trafficking strategy. As a result, Canada's Criminal Code is strengthened and now includes three human trafficking-related offences: one, the actual act of trafficking; two, receiving material benefit from trafficking; and three, the withholding or destroying of identity or immigration documents. There is also a trafficking offence under the Immigration and Refugee Protection Act which was introduced by our government.
In helping to increase the application of new legislative tools, training on the laws and issues surrounding human trafficking is currently being delivered to law enforcement, border and immigration officials across Canada. This program includes a strong focus on victims' issues. Federal efforts are coordinated by the Interdepartmental Working Group on Trafficking in Persons, which brings together 17 departments and agencies, including my agency, Status of Women Canada. The RCMP and federal partners, including my agency, have held training workshops across Canada for law enforcement officials on human trafficking.
In 2007 this government introduced legislation that allows Citizenship and Immigration Canada officers to issue temporary resident permits of up to 180 days to victims of human trafficking. Recipients are also eligible to apply for a fee-exempt work permit.
The parliamentary Standing Committee on the Status of Women, which I have had the pleasure of sitting on and participating in since I became an elected member, has tabled two motions calling on the government to prevent trafficking at the 2010 Vancouver Olympics. Federal, provincial and municipal officials are collaborating on a strategy. We have also engaged in initiatives to combat trafficking in persons, including national law enforcement training and providing funding to groups with survivors and victims as their focus.
Our government also focuses on raising awareness, which is a key element in curbing demand for trafficked persons. These awareness-raising measures include the creation of a website on trafficking in persons. It is accessed through the Department of Justice website. Posters and information pamphlets are available in 14 different languages, which have been developed and distributed widely within Canada and throughout Canadian embassies abroad to help prevent human trafficking.
Federal, provincial and territorial ministers responsible for the status of women have also agreed to identify best practices to respond to this crime.
Our government has a strong record on supporting women, particularly those who are victims of criminal activity, and Bill C-268 further demonstrates this commitment.
Clearly, if hon. members of the House embrace the values of justice, human rights and compassion, they should and will support this legislation, particularly if they care about the situation of women and children in Canada and around the world who are subjected to the crime of trafficking.
I look forward to this bill receiving support from the opposition in the House. I will close by congratulating my colleague, the member for Kildonan—St. Paul, on the incredible work she has done and for her leadership on this issue.
Navdeep Bains Liberal Mississauga—Brampton South, ON
Mr. Speaker, I rise today to speak in favour of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years). It provides for a minimum punishment of imprisonment for a term of five years for offences involving the trafficking of children.
I would like to begin my remarks by thanking the member for Kildonan—St. Paul for proposing this legislation and her tireless effort to address this very important issue.
This bill is of personal interest to me because as a new father, I see the world through the eyes of my 23-month-old girl, Nanki Kaur Bains. I want to ensure that she or any other child is never victimized by the horrors of human trafficking. The trafficking of minors is an issue that, by its very definition, crosses borders and this is something all Canadians can support regardless of their political affiliation.
To many Canadians, human trafficking seems like an issue from another age. Just over 200 years ago Canada and its Commonwealth partners led the western world by banning the slave trade throughout the British Empire and actively used the power of the Royal Navy to prevent other countries, including the United States, from engaging in this despicable practice.
Slavery itself was banned in 1833 and Canada became a beacon of hope for tens of thousands of slaves escaping the American south, but slavery was not relegated to history. It may no longer be practised openly and certainly has no official sanction, but for the victims of human trafficking it is still painfully very real.
The International Labour Organization, an agency of the United Nations, estimates that presently there are 12.3 million adults and children in forced labour, bonded labour and commercial sexual servitude. Think about that. Every day a population the size of Ontario labours as modern-day slaves. The United Nations estimates that the numbers grow each year, with 700,000 people trafficked annually.
Many of those trafficked are children who are very helpless by their nature and are unable to do anything about it. Yet, many Canadians think that this is a problem that does not pertain to us or reach our shores, something the government should address through our foreign policy and international development efforts. However, human trafficking is a Canadian problem, as well as a global problem.
The U.S. state department, in a report from June of this year, refers to Canada as “a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor”. This is a wake-up call. Many of these people come from Asia and Eastern Europe but victims also come from Africa, Latin America and the Caribbean.
More disturbingly, the report says, “Canadian women and girls, many of whom are aboriginal, are trafficked internally for commercial sexual exploitation”. For example, there was a case of a man from Victoria who allegedly lured a 14-year-old girl from the B.C. interior and then forced her into prostitution and beat her.
Last year in Montreal, another man trafficked a 17-year-old and procured three others for the purposes of prostitution. Even in my own backyard in Brampton, there was a case of a man convicted of human trafficking and living off the avails of prostitution of a 15-year-old homeless girl who was sold in Toronto. During his trial he revealed that he had made $360,000 by selling two young girls for sex.
Human trafficking exists in our communities. It affects our children. What can we do? How can we help?
Last year a report of the Canada-United States Consultation in Preparation for World Congress III Against Sexual Exploitation of Children and Adolescents pointed out inconsistencies with our approach to addressing the trafficking of children.
The report pointed out that “under Canadian law, procuring a child is punished more severely than trafficking a child”. The report went on to recommend that Canada must “amend the Criminal Code to provide a mandatory minimum penalty for child trafficking”. I believe Bill C-268 does just that.
Just like the banning of the slave trade did not completely remove the scourge of slavery, I do not expect that this bill alone will tackle the problem. It is an important first step, but there is much more that can be and should be done.
One of the major concerns is the issue of victims' rights compared to the larger struggle against the traffickers. Recognizing trafficked persons as victims of crime rather than as criminals themselves is important if we are to uncover trafficking networks and bring perpetrators to justice. This has been difficult because traditionally trafficked persons have been treated as illegal immigrants and are often deported.
A frequently cited gap in a victim protection scheme is the lack of an early identification procedure for victims of trafficking. Currently, there is no formal process for the identification of trafficked persons which is a prerequisite for providing victim protection.
Immigration and law enforcement officials must be given the tools to recognize trafficked persons and to know when trafficking has occurred. How else can we expect these new laws to be meaningfully applied?
Another gap that exists involves the services offered to trafficked persons. These include protection services, shelter, health services, long-term counselling and economic services. The Government of Canada currently does not have a national approach to services for trafficked persons and since many of these services are offered at the provincial level they exist at uneven levels.
What we need is a national strategy to address human trafficking. The government has an opportunity here to use the goodwill in the House to do the right thing and ensure that we address this issue in a coordinated fashion from coast to coast.
Even those who are happy to return home face the lack of support for a safe return. Trafficked persons can face a wide variety of emotional and physical obstacles, ranging from ostracism in the home community, threats from traffickers and a repeat of the same conditions of poverty that led them to leave in the first place.
We need to work with the international community to address these issues and create an organized process to facilitate a safe return and reintegration.
These are not simple issues. They involve legislative and regulatory changes. They involve the co-operation with all levels of government, NGOs and community groups. They involve decisive leadership not just by Canada but by the entire international community.
It is important that we as parliamentarians continue to fight for the victims of trafficking and that we work with all the relevant stakeholders to remove this horribly tragic situation.
William Wilberforce, the British parliamentarian who led the movement to abolish the slave trade once said, “Let everyone regulate his conduct...by the golden rule of doing to others as in similar circumstances we would have them do to us, and the path of duty will be clear before him”.
Our path of duty is clear and this bill is another step in the journey toward a world where human trafficking is a distant memory.
Criminal CodePrivate Members' Business
September 29th, 2009 / 6:10 p.m.
North Vancouver B.C.
Conservative
Andrew Saxton ConservativeParliamentary Secretary to the President of the Treasury Board
Mr. Speaker, I am pleased to speak in support of private member's Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
This bill addresses a pressing issue – child trafficking involves the exploitation of society’s most vulnerable – and the bill would ensure a strong criminal justice response to what we must all agree is amongst the vilest of criminal conduct. For this reason, this bill has enjoyed widespread support in this House. For this reason, I add my own voice of support for it.
Might I add that the amendment proposed by the member for Marc-Aurèle-Fortin, which would remove the provision for mandatory minimum penalties for trafficking in persons under the age of 18, shows the true colours of the Bloc Québécois' soft approach to serious crime in this country.
Trafficking in persons is often referred to as the modern-day form of slavery. It involves the recruitment, transportation and/or harbouring of people for the purpose of exploitation, typically sexual exploitation or forced labour.
Traffickers control their victims in many ways, but often through force, sexual assault and threats of violence. As a result, victims provide labour and services in circumstances where they believe that their safety or the safety of someone known to them would be threatened if they failed to comply with the demands of their traffickers.
I am sure we all agree that this is a serious issue that warrants attention from all levels of government.
Toward that end, I am pleased that this House again has the opportunity to consider Bill C-268 introduced by the member for Kildonan—St. Paul,which would amend the Criminal Code to impose mandatory minimum penalties for the offence of trafficking in children.
Bill C-268 would create a new separate offence of trafficking of a person under the age of 18 years. This offence would mirror the existing offence of “Trafficking in Persons”, found in section 279.01 of the Criminal Code, that protects all victims, adult and child.
The bill was amended by the justice committee in June. Now Bill C-268 proposes to impose a mandatory minimum penalty of six years for the aggravated branch of the offence of trafficking in children, for which the maximum penalty is life imprisonment, in addition to the five-year mandatory minimum penalty with a maximum penalty of fourteen years, as originally proposed by the bill.
In my view, this law reform is an important part of our efforts to combat this terrible crime. What do we really know about trafficking in persons, given that it is so often hidden from public view due to its criminal nature? Global estimates show us just how widespread the problem is.
The United Nations estimates that more than 700,000 people are trafficked globally each year. Further, a February 2009 United Nations report states that over 24,000 victims of trafficking were identified by 111 countries in the year 2006, that 79% of these cases involved trafficking for the purpose of sexual exploitation, and that 18% involved trafficking for the purpose of forced labour. However, the actual number of forced labour cases may be even higher, as forced labour is less frequently detected and reported than is trafficking for sexual exploitation.
Also in 2005, the International Labour Organization estimated that at least 2.45 million people across the world are in situations of forced labour as a result of human trafficking. Of these, it is estimated that 32% are trafficked for economic exploitation and 43% are trafficked for the purpose of commercial sexual exploitation, with 98% of the latter being women and girls. Finally, UNICEF estimates that 1.2 million children are trafficked around the world each year.
These estimates confirm that this crime affects the most vulnerable. We know that trafficking in persons also occurs within Canada. As is the case with all countries, it is difficult to estimate the full extent of human trafficking within Canada. This is so not just because of the clandestine nature of the activity, but also because traffickers may be charged with trafficking in persons and/or other related offences.
In Canada, law enforcement has a tool box of offences that may apply in trafficking cases. As hon. members know, in 2005, three new trafficking-specific Criminal Code offences were enacted. These provisions address all forms of trafficking in persons.
The main offence of trafficking in persons, section 279.01, which provides the model for the new child trafficking offence proposed by Bill C-268, prohibits anyone from engaging in specified acts such as recruiting, transporting, harbouring or controlling the movements of another person for the purpose of exploiting or facilitating the exploitation of that person. This offence is punishable by up to life imprisonment, reflecting the severity of the crime and its harmful consequences for victims and Canadian society.
Section 279.02 makes it an offence to receive a financial or material benefit knowing that it results from the trafficking of persons. This offence is punishable by up to 10 years' imprisonment.
Section 279.03 prohibits the withholding or destroying of travel or identity documents in order to commit or facilitate the trafficking of persons. This offence is punishable by a maximum of five years' imprisonment.
These offences supplement existing Criminal Code offences such as kidnapping, forceable confinement, assault and the prostitution-related provisions, which have long been used to address trafficking cases, as well as section 118 of the Immigration and Refugee Protection Act, which prohibits cases involving victims who are foreign nationals.
Police and Crown now have the ability to charge the offences that best meet circumstances of a given case. To date there have been five convictions in Canada under the specific offence of trafficking in persons. Many other cases are currently being investigated or are before the courts.
There have also been numerous charges laid and convictions secured in trafficking cases under other related Criminal Code offences. These cases reflect international estimates. The majority of known victims are women and girls who are trafficked for the purpose of sexual exploitation. Further, anecdotal information suggests that aboriginal girls are particularly vulnerable to this type of exploitation.
We must continue to be vigilant in ensuring a strong criminal justice response to this global scourge that victimizes the most vulnerable among us. I believe that we are doing just that. The issue of trafficking in persons transcends party lines. I am sure that hon. members remember the all-party support that Bill C-49 received in 2005. It enacted the three Criminal Code trafficking offences that I have already mentioned.
In 2006, the House unanimously supported Motion No. 153, which was also introduced by the member for Kildonan—St. Paul. This motion condemned the crime of trafficking in persons and called for a national strategy to combat the trafficking of persons worldwide.
Further, in 2007, the House of Commons Standing Committee on the Status of Women released its report entitled “Turning Outrage into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”. The government's response to this report reiterated the importance of a multidisciplinary response to trafficking in persons. This response is reflected in the international framework established by the United Nations Convention against Transnational Organized Crime and its supplemental protocol to prevent, suppress and punish trafficking in persons, especially women and children.
Canada continues to use this framework as its overarching model for a comprehensive response to the issue by focusing on the four ps: the prevention of trafficking, the protection of its victims, the prosecution of offenders and the building of partnerships, both domestically and internationally.
I believe we all understand and appreciate the seriousness of the issue, which Bill C-268 addresses. I hope that all honourable members will join me in supporting this important initiative.