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.

Justice

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, we can always count on the Bloc members for surprises. They surprised us by being the only ones—yes, the only ones—in this House to vote against families and, just recently, against children as well.

The Bloc voted against Bill C-268 sponsored by my colleague from Kildonan—St. Paul, which will protect children from criminals who try to abuse, exploit, hold and even sexually assault them.

It is always surprising to see that the Bloc can find ideological reasons to oppose everything, even common sense and harsher sentences. The Bloc members really must be living on another planet if they believe they are defending the interests of Quebec and its youth by refusing to vote for a bill that would protect our children.

Under the circumstances, we can understand why the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup wants to leave the Bloc as soon as possible.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, yesterday afternoon, in this House, all but one of the Bloc members voted against private member's Bill C-268, which is designed to put an end to light sentences for child exploitation. Whereas members from all parties supported this bill against child trafficking, the Bloc members are turning their backs on families in Quebec.

My question is for the Minister of Public Works and Government Services of Canada. Can my colleague tell me about this important bill, which is supported by the Canadian Police Association and more than 30 other organizations, including the Canadian Centre for Child Protection?

Child trafficking

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, Quebec, like the rest of Canada, is faced today with crimes against the most vulnerable members of our society: our children. We have a duty to protect our citizens by using all of the tools available to us to protect families, and especially the children who represent our future.

Nevertheless, the Bloc voted against the interests of Quebec youth by voting against Bill C-268, thereby turning its back on basic human values.

The Bloc was the only party to vote against that bill, the purpose of which is to impose a minimum sentence for offences involving the trafficking of persons under the age of 18 years.

Yet they boast that they are defending the interests of Quebeckers. Will the under-18s be sacrificed by the Bloc? Turning their backs on youth protection, that is the Bloc way.

Child Trafficking

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

Madam Speaker, I am very pleased to present petitions with over 5,000 names from all across Canada calling for Parliament to support Bill C-268, regarding mandatory minimums for people who traffic children 18 years of age and under.

Also, two boxes of petitions came to my office this morning by FedEx. I will be presenting those petitions in the weeks ahead.

Criminal Code

[The Speaker, Peter Milliken]

Pursuant to order made on Tuesday, April 21, 2009, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-268 under private members' business.

The House resumed from April 21 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.

[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.

[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.

[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.

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.

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

Mr. Speaker, today I have three petitions from constituents from all across Canada. There are hundreds of names on them.

The petitioners are in support of my Bill C-268, mandatory minimums for people who traffic children under the age of 18 years.

They call upon all members to support that bill.

Trafficking of Children

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

Mr. Speaker, today I am submitting petitions that are starting to come in, in support of Bill C-268 which calls for mandatory minimums for traffickers of children under the age of 18.

Canadians are asking that these traffickers have consequences for their actions and that the message be set here in Canada that we do not traffic our children on Canadian soil.

Criminal Code

[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--

[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.

[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.