Bill C-268 (Historical)

An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years)

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.

Criminal Code

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

moved that Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), be read the second time and referred to a committee.

Madam Speaker, today I am pleased to speak to my private member's bill, Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).

I ask members to take a moment to imagine a beautiful Ontario spring day in June 2008. Imagine a courtroom here in the province of Ontario where a young girl, no older than 15 years when her exploitation began, head bowed, eyes down, quietly relates a story so shocking that we as parents relive the images in our minds over and over again and pray it never happens to our daughters.

I am speaking of a young Canadian girl who lives not far from the nation's capital, telling of the horror she endured from the man who trafficked and sold her for sex for two and a half years, a man who made in excess of $360,000 off this innocent young victim by threatening her, beating her, and forcing her to have sex with strangers.

As a result, this man was able to buy himself a BMW and an expensive house in Niagara Falls. Even though he was eventually caught and convicted, he spent less time in jail than he did exploiting this young girl and destroying her life. Often he would tell her that if she got out of line, he would beat her. He would threaten to kidnap her brother or do harm to her parents.

This man, Imani Nakpangi, was caught and convicted as the first child trafficker in Canada. To get a glimpse of the ongoing trauma this young girl endured from her trafficker, I would like us to imagine our own daughters, granddaughters, or sons, telling this story in this Ontario courtroom last June.

I will quote from this young girl's impact statement so we as parliamentarians can catch a glimpse of what this little girl went through. She said, “I am constantly looking over my shoulder, afraid that either Imani or his friends are going to come after me for putting him in jail. I don't feel safe at home. He knows where I live, and what my family looks like, and where they live. I have nightmares about him. I have low self esteem. Feel like I am only good for one thing...sex. I don't see why someone, a man would be interested in me, and try to get to know me, because I feel unworthy, dirty, tainted, nothing."

In Canada today child sex slavery is alive and well. Traffickers make a great deal of money off innocent child victims. They prefer young children because young children are impressionable, easy to control and easy to intimidate. The criminal intelligence service of Canada's strategic intelligence brief entitled “Organized Crime and Domestic Trafficking in Persons in Canada” has reported that organized crime networks right here in Canada are actively trafficking Canadian born women and underage girls interprovincially and in some instances to the U.S. These women and girls are destined for the sex trade.

I would like to speak about the legal necessity of Bill C-268. Canada's first human trafficking offences were added to the Criminal Code at the end of 2005 through the work of the hon. member for Mount Royal, the justice minister at that time. Section 279.01 of the Criminal Code carries a maximum term of imprisonment of 14 years and up to life imprisonment if the victim is kidnapped, subject to aggravated assault or aggravated sexual assault, or killed during the commission of the offence.

Now there are some who will argue this amendment is unnecessary. They will suggest that individuals convicted of trafficking in Canada already face up to 14 years, even life in certain circumstances, and therefore, there is no need for mandatory minimums.

Let me be clear. This view is naive and ignorant of the reality of human trafficking convictions in Canada. Over the past year Peel Regional Police and Montreal Police Service have rescued the first child victims of sex trafficking in Canada and secured convictions against their traffickers. Imani Nakpangi, who I mentioned earlier, was convicted last June of trafficking a 15-year-old girl. He sexually exploited her daily over two years. For the offence of human trafficking, he received only three years and was credited 13 months for the pre-trial time he served.

This past November in Montreal, Michael Lennox Mark was convicted of human trafficking. He was sentenced to two years' imprisonment for trafficking a 17-year-old girl and selling her for sex. He served only a single week in prison after being convicted because he was given a two-for-one credit for his one year of pretrial custody.

In light of the incredulous sentences these men received, I cannot imagine what one would have to do to receive a full 14 years. These are our Canadian children.

I want to take this opportunity to commend the wonderful police officers in the Peel and Montreal police forces for their dedication to combatting this horrific crime. I can tell members they are shocked at the exceedingly inadequate sentences that have been handed down by sentencing judges in Canada's first set of convictions for human trafficking involving children.

I would like my hon. colleagues to know that Bill C-268 arose directly from consultations with these officers and victims organizations across Canada who are concerned about the safety of our children. These convictions set an alarming precedent for all future cases involving trafficking of children. With almost a dozen similar cases before Canadian courts today involving the trafficking of minors, it is imperative that Parliament send a clear message that the trafficking of minors will not be tolerated.

It is important to note that the Criminal Code already recognizes that certain serious crimes involving child victims require more stringent penalties. Section 212(2.1) of the Criminal Code imposes a five-year mandatory minimum sentence for the aggravated offence of living on the avails of prostitution of a person under the age of 18 years. Pimps can theoretically be put behind bars for doing this. However, Canada's Criminal Code has no serious penalties for victims of trafficking who are children.

With regard to constitutional concerns, lawyer and criminal law professor Benjamin Perrin has reviewed Bill C-268 and found that it is fully compliant with relevant constitutional standards. Professor Perrin points out that the Supreme Court of Canada has recently affirmed the test for when a mandatory minimum sentence of imprisonment will constitute cruel and unusual punishment under section 12 of the Canadian Charter of Rights and Freedoms. In the unanimous reasons for judgment in R. v. Ferguson, Chief Justice Beverly McLachlin stated:

The test for whether a particular sentence constitutes cruel and unusual punishment is whether the sentence is grossly disproportionate.... As this Court has repeatedly held, to be considered grossly disproportionate, the sentence must be more than merely excessive.

The only thing that is grossly disproportionate in these cases I have referred to is the inadequate sentences handed out. Let me be clear. There is no reasonable hypothetical scenario that would result in a mandatory minimum term of five years for child trafficking being grossly disproportionate.

As I mentioned earlier, section 212(2.1) imposes a five-year mandatory minimum sentence for the aggravated offence of living on the avails of prostitution of a person under the age of 18 years. This provision has routinely been applied by the courts and was endorsed by the federal, provincial and territorial working group on prostitution in its report and recommendations in respect of legislation, policy and practices concerning prostitution-related activities. The report states:

--it is difficult to imagine a case in which the minimum sentence would not be suitable.... [I]t definitely signals the community's abhorrence of such a crime by imposing a sentence commensurate with the gravity of the offence. Both public protection and the expression of public revulsion for such conduct require that the minimum time served in a correctional system be the subject of legislative rather than judicial or administrative control.

These arguments apply with equal, or even greater, force to Bill C-268 in respect of a mandatory minimum sentence for a child trafficker.

Bill C-268 would also bring much needed parity between the trafficking in persons sentencing structure and section 212(2.1) with respect to child victims.

Canada has ratified the United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. As a result, Canada has significant international obligations to ensure the safety and protection of our children. Article 3.3 states:

Each State Party shall make such offences punishable by appropriate penalties that take into account their grave nature.

Our current Criminal Code does not meet this international obligation when it comes to the trafficking of children.

Bill C-268 would ensure that Canadian courts handed out sentences that reflect the gravity of child trafficking and sexual exploitation and also reflect the sentences handed out to child traffickers in other countries.

I would also note that in October 2008, the report of the Canada-U.S. Consultation in Preparation for the World Congress III against Sexual Exploitation of Children and Adolescents recommended that Canada enact a mandatory minimum penalty for child trafficking. This report was prepared by Canadian and American NGOs and federal government representatives, including Steve Sullivan, Canada's Federal Ombudsman for Victims of Crime.

Other countries have taken significant steps to denounce the trafficking of children. The United States and Australia have separate offences for the trafficking of a child. Trafficking a child under age 14 in the United States will result in a minimum penalty of 15 years and a minimum of 10 for children between the ages of 14 and 16.

The plague of human trafficking that threatens our youth has galvanized Canadians across our country. In the past few weeks I have received countless letters, emails and petitions supporting my bill. I trust many hon. members in the House have experienced a similar outcry. Most notably, support for the bill has come from major stakeholders in the fight against child trafficking. Law enforcement, victims services, first nations, and non-governmental organizations have all expressed the need for mandatory minimum sentences for child trafficking.

Canadian Police Association President Charles Momy has said:

The United Nations has identified human trafficking as a serious concern and Canada is not an exception. This is very real crime in this country. We applaud [the member for Kildonan--St. Paul] for raising this issue in the House of Commons--

--I am sure he applauds everyone for it--

--and welcome this bill as a means for Parliament to address this problem in Canada.

Grand Chief Ron Evans of the Manitoba Assembly of Chiefs has said:

On behalf of First Nations people, I am pleased to support...Bill C-268. Both US and Canadian government reports have shown that Aboriginal women and children are at greater risk of becoming victims of human trafficking than any other group in Canada.... Bill C-268 is one step forward for the First Nations women and children of Canada.

Rosalind Prober, executive director of Beyond Borders, has said:

In terms of sentencing in Canada for crimes against children in general, they are very, very, very lenient....Traffickers of human beings, especially children, are not individuals that should get a slap on the wrist. A message should be sent from the courtroom -- and that's what [the member for Kildonan--St. Paul] is trying to do.

I know all members in the House are trying to do the same thing.

There are many more. What is clear is that Canadians are calling for Parliament to act. After all, we have been elected to ensure the safety of our communities.

The trafficking of children is not a Conservative, Liberal, Bloc or NDP issue. It is not a partisan issue. I have worked diligently to gain support from all parties for this bill.

In the past our parties worked together to pass legislation put forward by the hon. member for Mount Royal to bring in Canada's first human trafficking offences.

Our current government has taken important steps to provide much needed assistance and residence to international victims of human trafficking.

Our government has also introduced an annual $6 million in funding to combat trafficking of persons and child exploitation.

In 2007, members from all parties on the Standing Committee on the Status of Women, including the hon. member for Laval and the hon. member for Beaches—East York, who are here in the House today, worked hard to produce a comprehensive report on human trafficking. They both remember the heart-wrenching stories of victims whose lives have been destroyed by this vicious crime.

I am grateful for the overwhelming support I have received from all parties for Bill C-268. It is vital that all Canadians and the international community witness all members of Canada's Parliament standing unified against this horrific abuse of human rights.

We must act to end the trafficking of children here in Canada and abroad. We can and we will.

[Paul Szabo, Liberal, Mississauga South, ON]

Madam Speaker, I want to congratulate the member on introducing Bill C-268.

I will be speaking next so I do not want to get into details, but just for the information of the House, the new clause that is proposed to be added to the Criminal Code has some very sweeping language in it. Could the member indicate who developed the language? Is it modelled on some other jurisdictional language? Is there some assurance that we have it right?

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, it has been a two year process on this bill. I have been waiting for the opportunity to present this bill here in Parliament.

There are precedents with the same wording in the United States and Australia that are very tight. Those two countries have mandatory minimum sentences for child trafficking. They have been used as a model. In addition, Professor Perrin, who is very well versed in human trafficking, is one of the lawyers who have been a part of that.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry, QC]

Madam Speaker, I share the hon. member's feelings on the issue of human trafficking. Human trafficking is unacceptable. I have a question for her.

In May 2006, the justice and public safety ministers were forced to admit that there were no Canadian studies showing that the new minimum sentencing measures are of any help in the fight against crime.

I would like her to tell us what the basis is for questioning or not trusting judges because, in our opinion, they are in the best position to determine what sentence is the most appropriate in light of all the facts of the case.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I outlined in my speech the reason that I do not have confidence. A 15-year-old girl was exploited for two and a half years and the person who did that received a very light sentence. The precedents set in Australia and the U.S. set forth the mandatory minimum sentencing as a prototype in front of us. The October 28 report recommended that Canada should set in the mandatory minimum sentencing. It is very important. That is the criteria.

[Steven Fletcher, Conservative, Minister of State (Democratic Reform)]

Madam Speaker, I just want to commend the member for Kildonan—St. Paul for bringing forward this bill. It is something she has been very passionate about since before she was elected.

I also know the member is the mother of a large number of children and has a unique perspective, because one of her children is in the police service.

Could the member explain the impact the bill would have not only on the victims, but also on their families? Perhaps she could explain the punishment factor as well, because that is very important when it comes to justice.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I am the mother of six wonderful children, and yes, my eldest son is a member of the RCMP. He is my role model. He was in the ICE unit and I saw his hair turn grey in less than two years because he was rescuing child victims.

Mandatory minimums will give hope to the families who have had children who were taken. For example, the daughter of the mother of a police officer in Edmonton was taken, and the daughter of a teacher was taken. Those families have in their hearts the fact that we, as parliamentarians, need to say very strongly that we will not stand for child trafficking on Canadian soil.

[Paul Szabo, Liberal, Mississauga South, ON]

Madam Speaker, I am pleased to participate in this debate on what I consider to be a very important bill brought forward by the hon. member, Bill C-268, an act to amend 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 18 years.

One of the reasons that I believe this bill is very important is because it mirrors something that I was involved in early in my career as a parliamentarian. Prior to becoming a politician, I had been on the board of directors of Interim Place, the shelter for battered women and children. I was a director and treasurer for five years and got to know the issue in a way that most men do not because very few men actually get into shelters to see and to meet some of the women and children involved.

Abuse tears at the heartstrings of those who wish they could help. One of the first things I had some success in as a parliamentarian, almost 15 years ago, was to amend the Criminal Code to provide stiffer sentences to those convicted of spousal or child abuse, and it is in the Criminal Code today.

If nothing else happens in my career, that gives me shivers when I think that I was able to draw on my experience, from my family and from my personal life before becoming an MP, to be able to actually leave a fingerprint somewhere in the system, in the laws of Canada, to show that there is a common bond of association with the people from the legislators that these things are important.

I feel very close to the member in terms of how she feels about championing this issue. She knows that there will be some detractors from it, but I sense from her speaking that she is ready to defend the bill that she has presented to us through all stages of its legislative process.

Some people may not be aware of what specifically would be involved, so I want to take the time actually to read the clause that she wants to put into the Criminal Code. It is a brand new clause. Subclause (1) states:

Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for not more than fourteen years and not less than five years in any other case.

Subclause (2) states:

No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

That is the language that ultimately, we hope, will appear in the Criminal Code.

Private members' bills sometimes are successful when they are targeted and focused, and I think this one is. I have seen some bills that try and do a little too much, provide a little too many tentacles out there where somebody could find one reason why they might not support it. I think this one is clean.

The member did herself a great service by including the letter from Professor Benjamin Perrin from the University of British Columbia who laid out some of the elements that really helped to communicate. I think all hon. members have received this and I hope they take a chance to read it. When we get that third party validation, when they look at things, such as the need for the bill that he covers here and his comments on the consistency with international obligations, which is extremely important, as well as the constitutionality of it.

Those are very important things for members to do. This is a great model for all other hon. members who are championing private members' business to use for their private members' bills or motions because it covers the fundamentals.

We cannot be experts in all these things but we should get that third party validation, with good sound arguments and good examples. As a member of Parliament from the region of Peel, I do know how the Peel Regional Police worked with the Montreal police services on the case that was referred to.

I mentioned at the beginning that there will probably be some detractors to this and probably will talk about mandatory sentencing. It is a debate that has been going on. However, the Supreme Court has been pretty clear that there are cases. I must admit that I myself have spoken against mandatory minimums in certain cases but they had to do with fetal alcohol syndrome. I was on the argument about people who do not know the difference between right and wrong. It appeared that the courts were not giving enough identification to the fact that there are some people in our society who do not know the difference between right and wrong and that the incarceration of someone who has a mental disability would not be a good thing to do because rehabilitation is not possible. We need institutionalization to deal with the lifelong disability. That is going to be one area.

The other area I recall with regard to challenging matters such as this has to do with alleviating the judge with the discretion and the latitude because cases are complex. Sometimes there are exacerbating or mitigating circumstances. When we look at the clause that is being proposed here, there are so many different elements that might be reflective of this offence but they are subject to interpretation. That is one of the reasons I asked the member where the language came from and whether it had tested. We do not need a false start. However, I am sure we will get a chance at committee to vent these kinds of questions and I know the member will be well prepared to deal with them.

I know a lot of other members would like to speak to this. I simply wanted I thank the member for the bill. I will be supporting Bill C-268 and I will be recommending that my colleagues support it.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry, QC]

Madam Speaker, on January 29 the Conservative member for Kildonan—St. Paul introduced a private member's bill, Bill C-268, for first reading in the House of Commons.

This bill would add a new offence to the Criminal Code. It would distinguish offences involving trafficking of persons under the age of 18 years from those involving adults.

The goal of this bill is to impose a minimum punishment of imprisonment for a term of five years for anyone found guilty of trafficking a person under the age of 18.

This bill is simple enough. There are eight clauses, but the heart of the bill is in the second clause, in its creation of a new offence in the Criminal Code, namely, section 279.011. The wording in this provision is exactly the same as section 279.01, regarding the trafficking of a person, but adds the distinction “under the age of eighteen years” to the definition of an exploited person. With this addition, a separate offence would be created when the trafficking involves a minor.

Although we are well aware of the worldwide scourge that is human trafficking, the Bloc Québécois cannot support this bill. Allow me to explain the reasons for its decision.

In 2005, the Bloc Québécois voted in support of Bill C-49. Creating an offence to specifically condemn human trafficking was necessary, and we willingly cooperated to see it passed. The amendment to the Criminal Code gave law enforcement authorities the legal tools they need to prosecute and convict anyone who unfortunately engages in these horrible practices that show no respect for human dignity.

Bill C-268, however, we believe is a step in the wrong direction. By automatically imposing a minimum sentence of five years on anyone convicted of the trafficking of persons under 18, the government is not solving anything. I will explain why.

First of all, many experts have established that minimum sentences have negative effects and dubious value when it comes to fighting crime.

For instance, criminal lawyer Julian Roberts, from the University of Ottawa, conducted a study in 1997 for the Department of Justice of Canada in which he concluded:

Although mandatory sentences of imprisonment have been introduced in a number of western nations... the studies that have examined the impact of these laws reported variable effects on prison populations and no discernible effect on crime rates.

In early May 2006, during a press conference on the controversial passing of Bill C-10, the Minister of Justice and the Minister of Public Safety at the time were forced to acknowledge that no Canadian study has demonstrated that new measures to introduce minimum penalties are effective in fighting crime.

Minimum sentences can also have a negative impact. According to André Normandeau, a criminologist at the Université de Montréal, minimum sentences can encourage plea bargaining by lawyers wanting to have their clients charged with offences that do not have minimum sentences. Minimum sentences can also force judges to acquit an individual, rather than be forced to sentence that individual to a penalty the judge considers excessive under the circumstances.

When it comes to sentencing, the first consideration must be individualization. The justification of this individualized approach lies in the principle of proportionality. The sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. This is because no two crimes are identical, no two offenders are exactly alike and no two sets of circumstances are exactly the same. For all those reasons, the Bloc Québécois believes in the importance of maintaining judicial discretion.

When judges sentence an offender to prison, they take into account the offender's degree of responsibility, the seriousness of the offence and the best way to serve justice while maximizing the likelihood of rehabilitation.

People who know only the offence and the sentence often do not realize that there are other important factors that must be taken into account in sentencing.

Moreover, studies have shown that when people have the chance to go beyond what is reported in the media, the body of evidence and the factors considered by the judge, most conclude that they would have handed down a similar sentence.

The Bloc Québécois is therefore opposed to mandatory minimum sentences because it believes in the justice system and the importance of maintaining judicial discretion. We believe that judges, who are best able to assess the information presented in court, have to be free to decide.

In addition, Bill C-268 is not consistent. It does not provide for a minimum sentence when an offender found guilty of trafficking of a minor kidnaps, commits an aggravated assault or aggravated sexual assault against or causes death to the victim during the commission of the offence. The bill does not change the subsection that covers this.

We are having a hard time understanding the logic behind Bill C-268. On the one hand, they say that they want to prevent serious offences involving the trafficking of minors by imposing minimum sentences, but on the other, they are not changing sentences for offenders who use extreme violence in committing the crime.

To ensure the most appropriate court rulings possible, we would be wise to look at recommendation 33 of the House Standing Committee on the Status of Women's report on human trafficking. Judges and prosecutors should be informed of, educated about, and made aware of the Criminal Code provisions concerning human trafficking and the disastrous impact of this crime on its victims.

When it comes to justice, the Bloc Québécois firmly believes that the most effective approach is still, and will always be, prevention. We have to attack crime at the root. That being said, the Bloc is aware that the existing legal system needs considerable improvement, and that some changes to the Criminal Code are necessary. The government's duty is to intervene and use the tools at its disposal to make sure that people can live peacefully and safely.

On June 15, 2007, in response to the Conservatives' ideological approach, the Bloc Québécois recommended a number of measures. The party proposed a series of recommendations for major changes to Canada's justice system. Unlike the Conservatives' measures, which lacked nuance, the Bloc's measures reflected the concerns of Quebeckers, who want a more balanced system, one that is consistent with modern realities and will have a real impact on crime, but that avoids the pitfalls inherent in the repression-based American model, whose negative effects are manifest.

The Bloc Québécois proposed measures that are in line with Quebeckers' values, measures based on prevention, rehabilitation, social and economic integration, and better distribution of wealth. Our proposals included the following: streamlining the parole system, stepping up the fight against organized crime, eliminating double credit for time served before sentencing—which British Columbia's Minister of Justice supports—and more funding for the national crime prevention strategy.

The Bloc Québécois does not support the bill because we believe its approach is harmful and ineffective and we are convinced that it will do nothing to improve the safety of citizens. The Bloc defends a model of justice based on a process tailored to each case and founded on the principle of rehabilitation. Any measure seeking to automate the nature of the sentence given to the offender represents, in our opinion, a dangerous approach. Minimum sentences unnecessarily tie the hands of judges who, we believe, remain in the best position to determine what sentence is the most appropriate in light of all the facts of the case.

In closing, experts tell us that minimum sentences do not lower crime rates or the rate of recidivism.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Madam Speaker, I am grateful the hon. member brought this very sensitive and serious subject to the House of Commons where it should be.

Whether we agree with the bill or disagree with the it does not matter. The hon. member is absolutely correct that this is a serious Canadian and worldwide problem, and she has every right to bring it to the forefront to explain to us her motivations, her experiences and how we can move forward in order to tackle the problem that is before us.

It is obvious to some that the intent of the bill is to add mandatory minimum sentences, strong deterrents and penalties for those who commit this heinous act.

I wish to go into some personal stories of my upbringing in my family

. When we came to Canada, one of the things my parents did in Richmond, B.C. and in Burnaby, as part of the Christian Reformed Church, was run a group home. In over 20 years, my parents had 300 to 400 children come through our doors. Some came for a few hours in the middle of the night, some stayed for a weekend, some stayed for months and some stayed for a couple of years.

I will share the experience of one young lady who was 12 years old and who was in a house fire in British Columbia. She was severely burned from the waist down and could never have children. For whatever reasons, her parents abandoned her to the British Columbia government.

She ended up in our group home. When she turned 16, my mother suggested she send her mother a Mother's Day card to see if she could rekindle whatever there was. My mother always believed that a mother could never totally abandon her child.

This girl made a beautiful hand-made Mother's Day card and mailed it to her mother. It came back a month later. She opened up the envelope and inside was the card she had made, ripped up in a 100 pieces, and a note saying, “Don't ever try to contact me again”.

The problem is a lot of these children do not have love in their lives. They have been abandoned by the state, by their families and by brothers and sisters. They are easily exploited by the first person who comes along and tells them their life can improve, that they will receive this or receive that.

The movie Slumdog Millionaire was a fabulous movie. It showed how these children were easily exploited by the first kind person to give them a bottle of Coke on a hot day, or give them a nice meal and a place to stay. How quickly they were exploited. That happened in India, but this kind of activity happens around the world.

I have had a private member's bill for years, by my former colleague, Chris Axworthy, a long-time member of Parliament and former Attorney General of Saskatchewan, on child Internet pornography. I have asked the Conservative government, and I asked the previous government, to take the bill and run with it in order to stop the effects of the Internet on vulnerable children. They are easily exploited. They can meet at a ballpark, or a school or somewhere else. The next thing we know, they are in the clutches of these pedophiles and exploiters of children.

I appreciate the fact that the member for Kildonan—St. Paul came to my office. We had a very heart to heart discussion on this issue. I pledged her my personal support for the bill.

Now there are concerns with the bill, and she is aware of this, such as, is it absolutely fundamental that judges have that power taken away when we put in mandatory minimums? Is that the most effective way?

The bill should go to committee to have that frank and thorough discussion, to get it out in the open. Bring in the experts from the legal side, from the child services side and others so we can have that concrete debate.

If the way to go is mandatory minimums, that means additional costs for correctional services. I would hope the government would back up the legislation, if it goes through, with the financial resources to the provinces, et cetera, so they could have the funds in order to carry out the intent of the bill.

There is a deeper-rooted problem, and I believe the hon. member from Quebec mentioned this. It is a societal problem. There is more to this than just the end. We have to get at the roots and the beginning of what happens.

Are we ever going to root out pedophilia in the country or exploitation of children completely? No. Can we reduce it greatly? Absolutely. Members of Parliament and Senators are here for that.

The first priority of government and the opposition is to ensure the safety and security of its citizens, not just in terms of military and policing but also, most important, that they have shelter, a good job, the ability to drink the water in their community, good food to eat, entertainment and freedom and security in their lives for themselves and their families. Regardless of whether they live on an aboriginal reserve or if they live in a small community, of if French or English or if they live in our larger urban centres, it does not matter. From coast to coast to coast citizens should be allowed to be free, to express their opinions and to live their lives in a normal democratic way, or what we call a social democratic way.

For many families that just is not the case. Usually what happens is when parents or the communities have difficulties, the children end up suffering. Children will very easily turn to the first kind face or the first warm person who pays them any kind of attention. We all know how it works. These people work with them in kindness and end up exploiting them in the end. It is society that has to deal with it at the end.

I would encourage the hon. member, and I am sure she would be more than welcome to do this, to also open up the discussion to get at the root problem of why children are so acceptable to this. What expertise do these mostly men, but there are women who do it as well, have to exploit these vulnerable children? What is the role of the family and the provinces and everyone else?

I honestly believe we have the capability to understand this issue. We have the capability to move this issue forward. The end goal is not necessarily incarceration of the criminal. That will happen one way or the other. The main goal is to ensure that we get at the root of this problem, to understand this issue and to see what we can do in education in our schools, our churches, our mosques and our synagogues, working with the provinces and aboriginal groups and all sectors of society so they have a clear understanding of the dangers out there.

I am one of Canada's biggest supporters by saying this is one hell of a country. It is a great country. However, there are many faults within our society where the most vulnerable are either left alone, abandoned or exploited for a variety of reasons.

That is why I rose to speak to this. Not only did my parents want to thank the Canadian people for their liberation, but they also wanted to serve their community in the Lower Mainland. That is why they ran their group home.

I know my fellow Dutch colleague over there knows of other Dutch families in the Lower Mainland that did the exact same thing as did many other families across the country. They did that because they loved those children. They had nine of their own and they had hundreds more come through the door.

The common thread through all of them was the lack of love in their lives. Anyone can listen to George Chuvalo, the great heavyweight champion of Canada who lost three children and his wife in various circumstances. He goes around to schools and across the country and he says one thing: love. If we love one another and care for one another, regardless of our differences, then we will not be so easily tempted by the experts out there in terms of exploitation or whatever it is.

Sri Chinmoy once wrote, “World peace can be achieved when the love of power is replaced by the power of love”. I like that saying. I have it at home and I understand it. This is at the root of what the hon. member is trying to do.

I welcome sending the bill to committee to have that thorough analysis. My hon. colleague from the Bloc had questions and I am sure others will as well. There are concerns, but this is the type of debate that we should have in the country. At the end of the day, whenever it happens, if we can protect one child, then it would be a good thing to do.

[Lois Brown, Conservative, Newmarket—Aurora, ON]

Madam Speaker, I am pleased to speak today in support of Private Members' Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years). I, too, am a mother of two wonderful daughters and I am appalled that any mother in Canada might have to deal with the horror of having her child taken and used in human trafficking.

Trafficking in persons is sometimes described as the new global slave trade. No country has been left untouched by this terrible scourge. It is a serious issue that warrants attention from all levels of government.

The private members' bill introduced by the member for Kildonan—St. Paul would amend the Criminal Code to impose a mandatory minimum penalty of five years imprisonment for the offence of trafficking a person under the age of 18 years and for which the maximum penalty is currently fourteen years imprisonment.

Bill C-268 would create a new, separate offence of trafficking a person under the age of 18 years, which would mirror the existing offence of trafficking in persons found in section 279.01 of the Criminal Code and which protects all victims, adult and child. The current section 279.01, trafficking in persons offence, was added to the Criminal Code in 2005. It 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 a maximum of life imprisonment where it involves the kidnapping, aggravated assault, aggravated sexual assault or death of the victim and 14 years in all other cases.

In effect, Bill C-268 is saying that this penalty is not enough, at least with respect to the child victims of human trafficking. I am sure we can all agree that all countries, including Canada, must remain vigilant to ensure that our criminal law responses to human trafficking remain effective and treat it as the serious issue it is.

A report released on February 12, 2009 by the United Nations' Global Initiative to Fight Human Trafficking reported that over 24,000 victims of trafficking were identified by 111 countries in the year 2006. According to the report, the most common form of human trafficking is trafficking for the purpose of sexual exploitation. The second most common form of human trafficking is for the purpose of forced labour, although the real number may be higher as forced labour is less frequently detected and reported than trafficking for sexual exploitation.

Although anyone can be a victim of trafficking, victims are predominantly women and children. Worldwide, almost 20% of all trafficking victims are children. However, in some parts of Africa and the Mekong region, children are the majority: up to 100% in parts of West Africa. UNICEF estimates that 1.2 million children are trafficked around the world each year.

We know that trafficking in persons also occurs within Canada. As in other countries, it is difficult to estimate the full extent of human trafficking within Canada due, in large part, to the clandestine nature of the activity. It can also be difficult to track offenders through reported cases, as they may be charged under any number of offences that may not always easily identify the case as a trafficking cases.

The experience of Canadian law enforcement reflects the international experience insomuch as the majority of known victims are women and children. These victims are often forced into situations of horrible exploitation, their rights abused and their freedom taken away. Trafficking in persons often involves organized criminal networks that profit from this abuse. The 2006 Canada-U.S. Binational Threat Assessment on Human Trafficking reported that from spring 2004 to February 2006, there were at least 25 convictions under various Criminal Code provisions for trafficking activity. A recent United Nations report identified that between March 2004 and February 2007 there were 30 trafficking-related convictions in Canada under various Criminal Code offences.

We also know that the 2005 Criminal Code trafficking offences are now being used by our police. These numbers reflect the minimum number of cases, as many decisions go unreported. To date, there have been three reported convictions in Canada under the 2005 specific offence of trafficking in persons, which Bill C-268 proposes to amend.

When the specific trafficking in persons offences were enacted in 2005, they were meant to give police and crown prosecutors another tool to combat trafficking. These offences supplemented existing offences such as kidnapping, forcible confinement, assault and the prostitution-related provisions.

The police and Crown now have the ability to charge the offence or offences that best meet the circumstances of a given case, and this is what we are seeing in these early cases under the recent trafficking offences.

For example, Canada's first conviction under section 279.01 involved two victims under the age of 18. In that case, the defendant pleaded guilty to trafficking in persons and living off the avails of prostitution of a minor, and received a sentence of five years imprisonment, three years for trafficking and the mandatory minimum of two years for living off the avails of child prostitution, to be served consecutively.

The remaining two convictions under the trafficking-specific offences involved both adult and child victims, and in both cases the accused pleaded guilty to trafficking in persons and prostitution-related offences. The sentences imposed ranged from two to three years imprisonment.

This government's commitment to combating human trafficking is reflected in its response to the 2007 report by the House of Commons standing committee, “Turning Outrage Into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”.

The government's response reiterated the importance of a multidisciplinary response to trafficking in persons and outlined our approach. This approach also clearly reflects the 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, by focusing on the four Ps: prevention of trafficking, protection of its victims, prosecution of offenders, and the building of partnerships both domestically and internationally.

Canadians are rightfully concerned about this horrible crime. The issue of human trafficking has received significant attention in this House and in the other place. I think we all understand and appreciate the seriousness of the issue being addressed by Bill C-268. Its proposed reform really raises a key question: Are our existing penalties for the trafficking of children adequate, and if not, would Bill C-268 provide the needed enhancement?

If this bill is referred to committee for study, I hope that the committee will consider the bill by looking as well at how the existing Criminal Code penalties addressing child victims are working.

[The Acting Speaker, NDP, Denise Savoie]

Resuming debate. The Parliamentary Secretary for Official Languages now has the floor.

I will have to interrupt her after two or three minutes, so she will be able to continue at the next opportunity.

[Shelly Glover, Conservative, Parliamentary Secretary for Official Languages]

Madam Speaker, I rise today as a recently elected member of Parliament and as a veteran police officer with almost 19 years of experience in Winnipeg, Manitoba. I join in the second reading debate on 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). I am very pleased to speak to the bill and I thank the member for Kildonan—St. Paul for her dedicated efforts to combat human trafficking in Canada.

Bill C-268 proposes to build upon our existing Criminal Code protections by specifically recognizing that the trafficking of children is a crime which must be treated seriously by the justice system. Human traffickers of course prey upon the vulnerable and trafficking victims suffer physical, sexual and emotional abuse, including threats of violence or actual harm to their loved ones. This abuse is compounded by their living and working conditions.

I spent four years investigating sexual and physical abuse of children as a detective in the Winnipeg Police Service Child Abuse Unit. With this in mind, I know firsthand that strong responses are required to address this horrific crime of exploitation and abuse.

I am sure that we can all agree that human trafficking is a horrible crime which inflicts serious damage on its victims. Hon. members may recall that in 2006 the House unanimously supported Motion No. 153, which was also introduced by the member for Kildonan—St. Paul. It condemned the crime of trafficking in persons and called for a national strategy to combat the trafficking of persons worldwide. The unanimous support that motion received reflects the shared support of all members to ensure we continue to strongly condemn the act of trafficking in persons.

I implore all members of the House--

[The Acting Speaker, NDP, Denise Savoie]

I apologize for interrupting. The time provided for private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

It being 2:30 p.m., the House stands adjourned until next Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 2:30 p.m.)

[Hedy Fry, Liberal, Vancouver Centre, BC]

moved for leave to introduce Bill C-355, An Act to amend the Criminal Code (cyberbullying).

Mr. Speaker, I am pleased to rise today to introduce this private member's bill, seconded by the member for Moncton—Riverview—Dieppe. The bill was developed with the aid of the Canadian Teachers' Federation. It would amend the Criminal Code to clarify that cyberbullying is an offence.

Cyberbullying is the use of electronic devices to harass, libel and send false messages, and is a major problem in Canadian schools. In a recent University of Toronto survey of high school students in the greater Toronto area, 50% of students reported that they had been bullied online in the last three months. Cyberbullying results in physical and psychological harm and, in some cases, even suicide.

My bill would provide a clarification of the application of existing criminal law to cyberbullying. It would amend three sections: section 264, dealing with criminal harassment; section 298, dealing with inflammatory libel; and section 372, subsections 1 to 3, dealing with false messages.

This clarification of cyberbullying as an offence, in conjunction with a campaign of public awareness that focuses on appropriate use of computers and prevention of cyberbullying, could do a great deal to minimize the harm to many young people today.

(Motions deemed adopted, bill read the first time and printed)

The House resumed from February 27 consideration of the motion that Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), be read the second time and referred to a committee.

[Réal Ménard, Bloc, Hochelaga, QC]

Madam Speaker, I am pleased to take part in this debate. For members who move motions and introduce bills, it is an important time because we generally do so with a great deal of conviction, and that is certainly the best way to call political attention to an issue that we care about.

As my colleagues know, I am a strong proponent of private members' business, and I hope greater importance will be attached to this particular aspect in the near future. I thank all of my Bloc Québécois colleagues who support me in this endeavour to raise the value of what MPs do.

As I think we said during the first hour of debate, the Bloc Québécois will not support this bill. Although we are extremely concerned about the issue of human trafficking and we realize how important this issue is, we have a problem with the proposed remedy.

I was in this House in 2005 when we passed the provisions to be added to the Criminal Code concerning human trafficking, and I was also in this House when my colleague from Québec, who is now deputy leader, led the fight against the exploitation of women in the sex trade.

There are linkages between trafficking in women, exploitation, the sex trade and globalization. It is extremely demoralizing to know that human trafficking, one of the most horrible and atrocious practices, does take place. It is incredible that individuals would organize and carry out the marketing of human beings and that this phenomenon has grown in recent decades on all five continents.

I was reading that a UN agency estimates that between 700,000 and 4 million individuals are victims of human trafficking world-wide. This phenomenon is very disturbing.

Human trafficking represents a loathsome violation of human rights because it is a practice that is incompatible with human dignity. When some individuals assume the right to traffic in human beings, they reduce a human being to a mere object of trade. That is what trafficking in humans represents. The human being is reduced to a slave who is vilely exploited. That is not acceptable. It is carried out with all types of schemes involving trickery, corruption, violence, constraint, confinement, blackmail, deprivation of freedom, and even more troubling, identity theft.

In 2005, the legislators of this Parliament were well advised to include in the Criminal Code a specific offence enabling crown attorneys to bring charges.

I would like to provide a few statistics.

Canada is not untouched by this phenomenon. One would think that this phenomenon does not exist in countries as rich and prosperous as Canada, which operate under the rule of law and where freedoms are protected, and where there are courts of law and charters of human rights to guarantee freedoms. However, that is not the case.

I managed to get some statistics from the Royal Canadian Mounted Police. We made a conservative estimate, and by “conservative”, I mean prudent. I would not want anyone to think that these numbers came from the Conservative Party. These are prudent numbers that prompt us to be particularly circumspect when discussing this phenomenon.

A conservative estimate suggests that every year in Canada, 3,600 people fall prey to human traffickers. This is not a marginal phenomenon. Of those people, 600 are victims of trafficking for sexual purposes: pornography, prostitution, exotic massage and sex tourism. Another group of people in Canada fall prey to human traffickers in connection with drug trafficking, forced marriage or domestic labour. People are brought to Canada by force, assigned to a residence and denied their freedom. That is also a form of human trafficking. Examples of this have made the headlines in Montreal. This phenomenon exists.

Eight hundred people are victims of human trafficking in connection with drug trafficking, forced marriage, domestic labour, and work in the manufacturing and clothing sectors. More troubling still is the fact that yet another group of people is being bought and sold. Between 1,500 and 2,000 people who are bought and sold pass through Canada. They are brought here to large urban centres, then moved to other destinations where they are to be sold.

There is something wrong with this bill. I believe that the bill's sponsor had good intentions. He has worked very hard on the Standing Committee on Status of Women. However, the Bloc Québécois is not convinced that the Criminal Code provisions that permit charges to be laid need additional listed violations and mandatory minimum sentences.

Parliamentarians here will acknowledge that the Bloc Québécois' positions are consistent. We have never been comfortable with mandatory minimum sentences. There is a lot of literature on the subject, even in the Department of Justice. I have studies conducted by Justice Canada showing that mandatory minimum sentences are not the magical deterrent some people think they are. Not only that, but they can be quite negative when it comes to plea bargaining.

The Bloc Québécois has been a leader in the fight against organized crime. I am not the sort of person who likes to blow his own horn, but when I have to, I will. I introduced the first anti-gang bill in this House in 1995. The former member for Charlesbourg, Richard Marceau, a bright light, an enlightened jurist and a great man who served the people of Charlesbourg well, recommended that the $1,000 bill be removed from circulation and, in the dying days of the Martin government, got a bill passed to reverse the onus of proof for proceeds of crime.

The Bloc Québécois is uncomfortable with mandatory minimum sentences, because we believe that they needlessly tie the hands of the people who administer justice, such as judges and all those involved in a trial. This is not the way to achieve our objective.

It is not that the Bloc Québécois is not sensitive to human trafficking. In 2005, the Bloc Québécois supported the proposed amendments to the Criminal Code. We therefore will not support the bill, and I am certain that our constituents understand our rationale, as I have explained it.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Madam Speaker, I am indeed pleased that the issue of human trafficking has come back to the House. I am concerned, however, that my colleague from across the floor has introduced a bill that deals only superficially with the issues of human trafficking. It, unfortunately, neither addresses the causes of human trafficking nor looks at ways to prevent it. Bill C-268 is ineffectual and needs desperately to be amended.

We studied this issue of trafficking human beings at great length in the status of women committee. The member opposite was, at that time, a vice-chair, so she should be well-versed in the multiple issues that sadly have been omitted from her bill.

The committee found, in its 2007 report, that the issue of human trafficking is complex and many steps need to be taken to address this horrendous crime against vulnerable people.

I want to touch on a few of the key recommendations left out of this bill. However, first, I would like to point out that this bill is very restrictive because it only covers minors. I am not sure why the member added in that restriction because many adults are also victims and need to be protected. It is not just children under the age of 18 who fall victim.

The key to addressing human trafficking in Canada is prevention. As we heard from a number of witnesses, addressing poverty is the first and best prevention. In Canada, those most vulnerable to human trafficking are first nations people. We have national trafficking of Canadian women, especially in the aboriginal communities. In the prairie provinces, there is a lot of activity going on. Girls are being recruited on reserve and brought into the big urban centres, like Winnipeg, Saskatoon, Regina, Edmonton and Calgary, to work in prostitution. Erin Wolski of the Native Women's Association of Canada told the status of women committee that aboriginal females were extremely vulnerable. I am very disappointed that this bill does nothing to address this.

As the committee heard, we need funding for education, decent housing, safe water and anti-violence programs to address poverty in our first nations communities. We need to work with organizations, such as the AFN and the Native Women's Association of Canada, to develop programs to help women who are vulnerable to trafficking and create awareness about the dangers.

Additionally, we need sensitivity training for police on the issue as many first nations women do not feel comfortable, nor safe, in approaching police for assistance. The bill before us does not address the need for prevention and awareness or support programs.

The committee also recommended that an awareness program was necessary for minors about the risks of prostitution and trafficking. The modelling industry was singled out as particularly dangerous because it remains unregulated and promises of a glamorous job can be used to lure a young girl or a young woman.

The bill also fails to address the issues surrounding women who are trafficked into Canada from other countries. It can be more difficult for women to immigrate to Canada because there are so many more barriers for them, such as the need for money and education, and many of the women who wish to immigrate have no access to these.

Immigration laws need to be changed to allow more women to immigrate on their own and not through the very means that leaves them vulnerable to human trafficking. The temporary resident permit process needs to be reviewed and victims who have been trafficked should be sheltered for 180 days and allowed to work. The government should ensure their basic needs are met during this period.

The immigration and refugee protection regulations need to be reviewed and amended. In particular, section 245(f), a particularly odious section, states that a victim, having been under control or influence of traffickers, is more likely to require detention. This section needs to be eliminated entirely.

Many trafficked victims are threatened with criminal or immigration exposure by their traffickers; thus, preventing them from seeking help. Section 245(f) assumes that these people are criminals and forgets that they are victims. This simply reinforces the power that traffickers have over these vulnerable women.

Steps need to be taken to help victims of trafficking instead of treating them like criminals. Initiatives, such as a 1-800 number, access to the witness protection program, safe interim housing, counseling and legal advice would all benefit trafficking victims and help reintegrate them back into society.

It should also be noted that traffic victims are often sent home to their country of origin to face the same criminals who trafficked them in the first place. Imagine being so vulnerable and being deported back to the place where the predators are waiting.

The bill before us only addresses the need to target people who purchase sexual services. This requires an increase in funding for provinces and territories for training and education for officers, judges and lawyers. Those funds are missing from the legislation.

We also need a national data collection and tracking system that will protect the integrity of police information and the integrity of the victim.

The committee on the status of women also recommended more training for law enforcement officers to identify someone who has been trafficked. There needs to be dedicated, multi-jurisdictional units to investigate trafficking in Canada.

Women become trapped in the sex trade after being lured to cities with false promises. We can imagine individuals being beaten, forced into sex work, and told they will be killed if they try to escape. The constant threat of violence means they are too scared to go to the authorities, but even if they did, there is little chance of retribution for their attacker.

This might sound like something that would happen in a third world country or an era of bygone history, but it is not. It is happening right now in Canada and is a reality for the many victims of human trafficking.

Experts agree that the problem is escalating. With the Olympics in 2010, that could just be the catalyst for a massive boom in the trafficking of women into the city sex trade from outside and within Canada. Despite numerous convictions of people involved in running human trafficking rings in other countries, including the U.S. and the U.K., Canada has yet to prosecute a single person for this crime. The bill will do very little to change that.

Although Canada's very first human trafficking charges were laid against a Vancouver man in 2004, Michael Ng, who ran an east Vancouver massage parlour, they were dismissed by B.C. Provincial Court Judge Malcolm MacLean in 2007, after a year of testimony from two women who claimed Ng had lured them to Canada from China with the promise of jobs as waitresses. Judge MacLean said the offence of human trafficking had not been proved beyond a reasonable doubt, although there must be real action and real laws to deal with trafficking.

Vancouver activist, Benjamin Perrin, has complained about this. He said:

I can't understand why Canada hasn't successfully prosecuted a single person for human trafficking when you look at other countries like the U.S., Australia, and the U.K. We've made the same commitments and been to the same conferences, but Canada has been all talk and no action. We're just beginning to turn the corner; we're where other countries...were 10 years ago. We've had a decade of inaction on this--

It is time that changed. It is time that traffickers were stopped and this very risky business was put to an end.

There are victims that I would like to name before I conclude: a young woman by the name of Marta. Her dream was to be a Hollywood actress and to live in a mansion, so she saved up the money and went to an overseas modelling job. When she arrived, her visa and passport were taken away. She was locked in a hotel, and was beaten and burned with cigarettes until she submitted to her attacker.

This is a complex issue, as we can see. It needs a multi-faceted approach to even begin to address the problem. The bill falls far short of addressing the real issues behind human trafficking in Canada and abroad. If the government were serious about human trafficking, we would have a comprehensive government bill.

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Madam Speaker, I rise today to join in the second reading debate on 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).

I am pleased to speak to this bill today and I sincerely thank the member for Kildonan—St. Paul for her many years of tireless work on this, her passion for protecting the young and vulnerable people in this country and around the world, and her dedicated effort to combat human trafficking, not just in Canada but internationally.

Bill C-268 proposes to build upon our existing Criminal Code protections by specifically recognizing that the trafficking of children is a crime that must be treated very seriously by the justice system. It would do this by creating a new offence of trafficking a person under the age of 18 years. The mandatory minimum penalty would apply to cases where there is a maximum penalty of 14 years imprisonment but not for the more serious offence punishable by life imprisonment where it involves aggravating circumstances.

This offence would mirror the existing offence of trafficking in persons, section 279.01 now in place, which protects all persons, both adults and children, and provides for maximum penalties of 14 years or, in aggravated cases, a maximum of life imprisonment.

The Criminal Code currently contains three specific offences that target human trafficking. These offences were created and enacted in November 2005, just a short while ago. Sadly, however, they have not dealt with the current reality we are facing on the globe today.

Section 279.01 prohibits anyone from engaging in specific forms of conduct for the purpose of exploiting or facilitating the exploitation of another person. Specifically, the offence identifies the acts in question as either recruiting, transporting, referring, receiving, transferring, holding, concealing or harbouring a person or exercising control, direction or influence over the movements of another person. This offence applies to both adult and child victims. It carries a maximum penalty of life imprisonment if it involves the kidnapping, aggravated assault, aggravated sexual assault or death of the victim. In all other cases, the maximum penalty is 14 years imprisonment.

Second, the Criminal Code contains an indictable offence that specifically targets those who seek to profit from the trafficking and exploitation of others, even if they do not engage directly in trafficking people. The existing section 279.02 specifically prohibits any person from receiving a financial or other material benefit knowing that it results from the commission of the trafficking of another person. This offence carries a maximum penalty of 10 years imprisonment.

The third existing human trafficking offence responds to a common method that traffickers use to control their victims. It prohibits anyone from either concealing, removing, withholding or destroying another person's travel identification or immigration documents for the purpose of committing or facilitating the commission of the trafficking of that person. This offence carries a maximum penalty of five years imprisonment.

Of course, these specific trafficking-in-persons offences supplement other offences that can be used to address related conduct, such as kidnapping, forcible confinement, assault and the prostitution or procuring offences, which criminalize the many different aspects of trafficking. Canada's criminal law provides a comprehensive criminal justice response to this serious crime.

Bill C-268 addresses a particularly reprehensible form of criminal conduct that profits from the exploitation of the most vulnerable.

In contrast with what the previous speaker said, there are existing laws for existing offences but we need a specific offence to address the young and those who are most vulnerable. The widespread nature of this crime, sadly, is evident in the global revenues that are generated by it. They are estimated to be as much as $10 billion U.S. per year and the crime is estimated to be in the top three money-makers for organized crime. Further, we know that this crime disproportionately affects children. UNICEF's estimates indicate that as many as 1.2 million children are trafficked globally each year.

The United States' state department's 2008 annual report on human trafficking estimates that 800,000 persons are trafficked around the world each year, with 80% of those transnational victims being women and, sadly, up to 50% of all victims being children.

As I have said, Bill C-268 seeks to amend the main trafficking in persons offence, which was enacted in 2005. This raises the question: Do we know how our existing Criminal Code responses are working in practice? As mentioned earlier, the specific trafficking offences in the Criminal Code supplement existing offences and this means that traffickers may be charged with a number of offences, depending on the circumstances of the case.

In contrast to the statement that was made previously that in Canada there have not been any convictions, there have. There have been three convictions to date for the specific offence of trafficking in persons, all of which resulted from guilty pleas and involved women and child victims who were sexually exploited. One of these cases was in Montreal where an accused pleaded guilty to trafficking in persons under sections 279.01 and 279.02 and procuring under section 212, and received two years for each charge, once again, regrettably, to be served concurrently.

A number of investigations and court cases are ongoing. As these cases demonstrate, while the offences in the Criminal Code are relatively new, law enforcement officials across the country are using them where appropriate.

Human traffickers prey upon the most vulnerable. Their targets are often children and young women. Victims may be kidnapped, abducted or lured by false promises of legitimate employment as, for example, domestic servants, models or factory or farm workers. Victims are then subjected to exploitation in the sex trade or other forms of forced labour.

Trafficking victims suffer physical, sexual and emotional abuse, including threats of violence or actual harm to their loved ones. This abuse is compounded by their living and working conditions. Theirs is an existence that is difficult, if not almost impossible, to comprehend.

With that in mind, it is clear that strong responses are required to address this horrific crime of exploitation and abuse. I am sure we can all agree that human trafficking is a horrible crime which inflicts serious damage on its victims. That is undeniable. I am also sure that we can all agree that we should ensure that our criminal law responds appropriately and strongly denounces this conduct.

Hon. members should recall that in 2006 the House unanimously supported Motion No. 153, which was also introduced, I am proud to say, by the member for Kildonan—St. Paul. It condemned the crime of trafficking in persons and called for a national strategy to combat the trafficking in persons worldwide. The unanimous support that motion received truly reflected the shared support by all members to ensure that we continue to strongly condemn and act to combat trafficking in persons.

I believe that further consideration of this bill will no doubt help us assess the adequacy of these responses. I was honoured and privileged to be able to second the bill. A couple of years ago I spoke at the Asia-Pacific forum regarding Canada's position on human trafficking. The evidence given during that period was most alarming.

Thankfully, many other countries have already adopted the measures that we are proposing today and they have encouraged Canada to do so. I am delighted that the member for Kildonan—St. Paul has recognized that reality and responded accordingly.

A number of years ago I served in the judicial field where I saw firsthand on many occasions the exploitation of our young people. I saw young girls aged 10, 11 and 12 years old being pimped and prostituted, sometimes even by their own relatives. This is an intolerable situation.

There are some situations where we need to be considerate and try to find a balance but there is no balance to a human life that has been absolutely betrayed. This is where we need to stand for all humanity, particularly for the citizens of Canada, and stand up for what we believe is right, which is that young people have a right to live a normal life without being preyed upon by the most insidious criminals. The law must prevail for that.

I am proud and pleased to support the member for Kildonan—St. Paul and I thank her for bringing this valuable legislation to the fore.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Madam Speaker, I share the sentiments of the last speaker in terms of the work done by the member for Kildonan—St. Paul in bringing forth this issue. It is greatly to her credit that she has over a number of years gathered the information and pressed this issue forward. I know she does not want me to say this but it seems at times that she has done this in spite of her own government and political party.

However, as my colleague from London—Fanshawe said, much more needs to be done. The amendments we passed to the Criminal Code back in 2005 met our requirements of an international protocol but we have seen very little enforcement in that regard.

I want to spend most of my time in this debate on the international situation because it tells us something about what we should be doing in Canada, specifically with regard to this bill. We also need much more activity on the part of the government in other areas, not just under the Criminal Code and in the criminal justice system.

I am referring to a report that came out from the United Nations Office on Drugs and Crime in February. It began looking at human trafficking fairly recently, I would say, starting back about 2003. It wrote a significant report in 2006, three years ago this month, and then this report in February of this year. The executive director has a cover sheet on it and I want to refer to several points that she raised.

The first point is that the number of countries that have been moving to implement the protocol has grown quite substantially. She obviously sees that as a major and positive development. She points out that a number of countries have not, particularly on the continent of Africa where a lot of work needs to be done.

She also raises a point that we need to take some cognizance of. She said that although the number of convictions under the various criminal legislations passed around the world have been increasing, the convictions are mostly taking place in a very small number of countries. Canada falls into those areas of the larger group where we are getting very few convictions because we are getting very few charges.

She points out that in two out of every five countries that have signed onto the protocol, they have not had a single conviction. Again, although we do not fall into that category, we are not much out of it, given the few convictions we have had since we passed the law back in 2005.

She goes on to make a third point that I want to draw to the House's attention. She says that, by far, sexual exploitation is the most commonly identified human trafficking. That was at 79% in the study, followed distantly by forced labour at 18%. She then goes on to say that it is probably not an accurate reflection of what is going on when we take into account a number of other forced labour situations, including youth being used as soldiers in warfare, children begging, put into domestic servitude, forced into marriage and even having organs removed. In the covering letter, she makes the point very strongly that we do not have, as we do in other areas of criminal activity, accurate documentation.

The fourth point is one about which I am most concerned. With regard to this legislation and the role of the legislation already on the books, the majority of people being convicted of crimes of human trafficking are women, not men. This came out for the first time in the report. My initial reaction is okay, if they commit the crime, they should be convicted. However, what it really says is in many countries the crime is being used in a targeted way against women. She makes the point in the report that almost always the women who are convicted were themselves victims of human trafficking initially. They were brought in almost always by organized crime syndicates, moved up the ladder of the organization to a low level of management and forced to recruit other women and children into the sex trade and other forms of human trafficking.

What then happens is they are the ones who get caught in large numbers, so we end up with this figure that more than half of the convicted offenders are women. The reality is they continue to be victimized. They were victims initially when they were dragged or forced into whatever the conduct is in trafficking and then forced to take part in the crime itself on an ongoing basis. They are the ones who are being convicted in the largest numbers. When we look at the bill before us, we have to be cognizant of that fact.

The final point she makes in the summary of the report is that most of the trafficking, with the exception of a few countries, are internal to the country, and my colleague from London—Fanshawe pointed this out. In our country it has been shown very glaringly to be women and children recruited off our first nations reserves. They are probably the single largest group that suffer from this crime. If we continue with the pattern and if we do not broaden the scope of our approach to deal with this horrendous crime, inevitably we will also find that over a period of time they will show up more and more in statistics as being the convicted offenders.

Again, I want to be very clear on the significance of this point. In the vast majority of crime, and I am talking close to 90% of all crimes, violent and non-violent, it is males who are convicted. That is the ratio in most countries. It certainly is the ratio in Canada. It runs about 85% male and 15% female in Canada currently. However, in this crime we see almost a reversal of that, where well over 50% of those convicted are women. They are not the major perpetrators. It is organized crime in the vast majority of cases, almost without exception. The members who are at the senior levels of organized crime are male, not female, so there is a major problem.

I want to go to the bill itself. I am concerned that if this pattern shows up here, the bill may end up victimizing the victims once again. We have to be very careful about who is going to end up being the target of this legislation. I told the author of the bill that I was working to perhaps clarify and tighten up the language in the second clause of the bill. Some terminology around recruits and exploitation needs some clarification in those circumstances.

In particular I am concerned with the third clause because it takes away judicial discretion. I am not sure if this was intended by the author or not, but by making the maximum sentence 10 years, it prevents conditional sentences being used. There are certainly going to be times, and again I am thinking specifically of women who are charged with this, where it would be appropriate to use conditional sentences, to impose conditions on them of counselling and so on, so they could be brought back into society.

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Madam Speaker, I had not intended to participate in the debate, but I appreciate the opportunity to do so.

There is no doubt that this issue is a priority for all. The member opposite referenced the amendments made to the Criminal Code by my colleague, the member from Mount Royal, in 2005, which brought severe penalties to this issue.

This is a pernicious crime. It is in fact modern day global slave trade and a comprehensive strategy is undoubtedly needed to address it.

We have heard much discussion on this and we have heard discussion over the year on the need for a comprehensive strategy. I was part of a discussion earlier today with my colleague who again identified it as the four Ps: the need to protect, prosecute, pursue and ensure that the perpetrators are attended.

This past week I had the opportunity to attend the Summit on Human Trafficking at the 2010 Olympics and Beyond in Vancouver. Probably 150 or so attend it. There was a multifaceted complex discussion. We heard from those who had been victims of trafficking, both internationally and internally within Canada. We heard about the realities of their lives and the poverty and the circumstances which drove them into that situation.

I have before me the declaration that was signed by 23 groups that attended the summit. I suspect more signed onto it. It is a comprehensive declaration, which in fact is a comprehensive strategy. The preamble identifies human trafficking sex slavery. It talks about the links to prostitution. It talks about the importance of governments and community groups working together. It says quite powerfully, “Whereas one victim of human trafficking sex slavery is one victim too many”. I do not think there is anybody in the House who would disagree with that.

When they moved forward with their declaration, there was no reference in it to the matters referred to in this bill. What they talked about was the effective prosecution of human traffickers, the creation of a crown counsel dedicated to human trafficking, the importance of increased judicial education, more accountability from all police forces and the Criminal Code reflect that the crime of human trafficking carry meaningful penalties. Then they put a significant emphasis on the protection from human trafficking. As legislators, as governments, we have to put more emphasis on the area of protection and prevention.

They advocate an enforceable commitment of a code of conduct for the protection of children from sexual exploitation. They demand an improvement in the federal government's response for the effective services for trafficked women and prostitutes, particularly in the areas of health care, legal aid, temporary residence permits, sanctuary and opportunities for citizenship if they have come from abroad. Also, they demand financial resources for women's groups.

They talk about the effective prevention of human trafficking. I will not go through all the components of it, but a big component is education at many levels. It reiterates, in very strong language, that their demands are serious and should be taken seriously.

The groups present at the summit ran the gamut of community representatives. They included the Committee for Racial Justice, the Downtown Eastside Women's Centre, Fiji Canada, the Catholic Women's League of Canada, MOSAIC, the Canadian Muslim Federation, Richmond Addiction Services, Salvation Army, UBC Faculty of Law, and the list goes on. They spoke with one voice on the need for a comprehensive strategy.

While there is an initiative in place today, we need a comprehensive strategy that will deal with all of the components of human trafficking. Punishment in itself is simply not enough. We have to look at prevention and all the components and social determinants of what results when young women, wherever they live, are induced into prostitution and trafficking. We also need to look at protection.

Therefore, I rise today to bring to the attention of the House this powerful declaration, signed last week in Vancouver. I hope the House, at some time, will move forward with a much more comprehensive enforceable strategy to deal with the issue of human trafficking.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, Bill C-268 is about human trafficking and acknowledging the fact that human trafficking is a vicious crime that must be stopped.

Bill C-268 was drafted to accomplish one thing: to ensure the sentences of the traffickers of children reflect the gravity of the crime. With the first two sentences in Canada resulting in approximately one to two years served for trafficking children, traffickers are currently able to continue making hundreds of thousands of dollars from the exploitation and rape of children without much threat of serious sanction.

I want to thank the hon. member for Beauharnois—Salaberry who pointed out in the first hour of debate that there is no minimum sentence for aggravated offences under paragraph 279.011(1)(a) of Bill C-268. This paragraph provides for an individual to be sentenced to life imprisonment, which means that he or she will only be eligible for parole after seven years.

However, should this bill go to committee, I have had an amendment drafted that would be within the scope of the bill and that would amend paragraph 279.011(1)(a) to ensure that there is no question that this paragraph also provides for a minimum sentence of five years.

I understand that some hon. members do not feel that mandatory minimums are appropriate in any case.

I want to remind hon. members that according to the Supreme Court of Canada, a mandatory minimum sentence constitutes cruel and unusual punishment only if it is “grossly disproportionate”, given the gravity of the offence or the personal circumstances of the offender.

Clearly the trafficking and sexual exploitation of a child demands a sentence that reflects the serious gravity of this egregious offence. Under current legislation, offenders can receive as little as no time in jail.

Countries around the world are beginning to recognize that serious action is required to combat the sexual exploitation and trafficking of children. Article 24 of the 2005 Council of Europe Convention on Action against Trafficking in Human Beings states that child trafficking is an aggravated circumstance that warrants an enhanced penalty.

It is important to note that Canada remains one of the few developed countries that does not have enhanced penalties for the trafficking of our children.

Mohamed Y. Mattar, executive director of the Protection Project at the John Hopkins University School of Advanced International Studies, points out:

Many states have specific provisions in their antitrafficking legislation or criminal codes guaranteeing enhanced penalties in cases of trafficking in persons committed under aggravated circumstances, including a crime committed against a child victim;

Dr. Mattar also states that the Council of Europe framework decision of July 19, 2002, mandates that European countries provide penalties for trafficking of at least eight years imprisonment. This is significant since many European countries follow a civil law model that does not recognize the plea-bargaining system which, in countries like Canada, may result in a shorter sentence.

This framework specifically states that:

Penalties provided for by national legislation must be “effective, proportionate and dissuasive”.

There is also a great concern that more must be done in Canada for victims of human trafficking. I cannot agree more.

The long-term physical and psychological impact on its victims, especially children, is devastating. I have continued to call for a national action plan to combat human trafficking that would provide better coordination between the provinces, territories and federal governments to deliver effective victim services.

Only two years ago, members of this House unanimously supported Motion No. 153 that called for a national action plan.

I strongly believe we need to address the factors that lead to exploitation, such as poverty and marginalization. Our aboriginal women and children are especially vulnerable due to these factors.

These concerns cannot be addressed through a private member's bill. I have put forward Bill C-268 to amend the Criminal Code to address the critical legal aspect of child trafficking and to bring parity between Canada's legislation and that of many other countries.

It is my hope that members of all parties will support this important legislation and soundly denounce the trafficking of children.

[The Acting Speaker, NDP, Denise Savoie]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, NDP, Denise Savoie]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, NDP, Denise Savoie]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Liberal, Peter Milliken]

In my opinion, the yeas have it.

[The Acting Speaker, NDP, Denise Savoie]

And five or more members having risen:

Pursuant to Standing Order 93, a recorded division stands deferred until Wednesday, April 22, 2009, immediately before the time provided for private members' business.

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Madam Speaker, I believe if you were to seek it, you would find the consent of the House to see the clock at 6:39 p.m.

[The Acting Speaker, NDP, Denise Savoie]

Is that agreed?

[Some hon. members]

Agreed.