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

[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.

[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.

[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]

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.

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

moved for leave to introduce Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).

Mr. Speaker, this is an extremely important bill because in Canada there are no mandatory minimum sentences for human trafficking convictions, not even for children. The October report of the Canada-U.S. consultation, in preparation for the world congress against sexual exploitation of children and adolescents, recommended that Canada amend its Criminal Code to provide a mandatory minimum penalty for child trafficking.

In Peel county right now numerous trafficking charges are on the table, hopefully, with convictions, and this kind of bill would ensure that traffickers have very stiff sentences. This is very mandatory.

As members know, last year a Niagara man was convicted of human trafficking. He earned $350,000 off a 15-year-old girl over the period of two years. He only received three years and received a credit for 404 days of time already served.

These mandatory minimum sentences for trafficking of children are of paramount importance here in Canada.

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