An Act to amend the Criminal Code (exploitation and trafficking in persons)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Maria Mourani  Bloc

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code in order to provide consecutive sentences for offences related to trafficking in persons and create a presumption regarding the exploitation of one person by another.
It also adds the offence of trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 6, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

April 29th, 2013 / 4:30 p.m.
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Inspector Gordon Perrier Inspector, Criminal Investigation Bureau, Division #43 (Major Crime Division), Winnipeg Police Service

Good afternoon. I'm honoured to be here today representing the Winnipeg Police Service, and I'm very pleased to speak with you on such an important issue.

Not unlike other urban centres in Canada, Winnipeg struggles with crimes of exploitation, procuring, luring, prostitution, and related criminal behaviour. Exploitation is not limited to cities or any one segment of our population. It's truly a community issue for all Canadians. Many of these crimes have their genesis in, or a connection to, human trafficking. I applaud the government for bringing into law specific sections of the Criminal Code to address these terrible events and give police real ability and methods to improve the lives of victims and stabilize those at risk. Legislation like this brings meaningful change to our communities and helps create a culture of safety.

The specific amendments in Bill C-452 including presumption of evidence for exploited persons, specific reference to a domestic context when speaking about trafficking, forfeiture provisions, and consecutive sentences are tangible items that both police and prosecutors have needed. Combatting exploitation requires a broad range of commitments on many fronts, and all the practices police and our partners employ come together when the laws are comprehensive.

Not unlike a puzzle, when pieces are put together you find strength and you can see the entire picture. To that end, I want to share with you some of our strategies and programs and methods as they relate directly to the current legislation and the amendments contained within Bill C-452.

The initiatives, strategies, and work practices of the Winnipeg Police Service have developed over a considerable time, always with a view to maximizing our resources, skill, knowledge, and abilities to address victim, community, or offender processes. For example, since 1990, officers of our sex crime unit have been part of a board that includes medical staff, a community outreach program called Klinic, victim service workers, and the RCMP. The goal of this group is to ensure that the practices and processes that are in place for sexual assault examination, interviews, and evidence gathering serve the interests of justice and the wellness, care, and dignity of victims.

Many victims these teams deal with are from exploited populations and we open doors for programming and longer-term care, and help make life changes.

Inside our service, we conduct yearly in-depth training on exploitation, sexual assault victim protocols, cycles of violence, and how to offer assistance. This training is mandatory for recruits and forms part of specialist training for all detectives.

In 2012 the child abuse unit partnered and helped found the Winnipeg Children's Advocacy Centre. This corporation is a child victims' centre governed by a board that includes police, justice, health, social service agencies, and victim services. The mission of this stand-alone centre is to facilitate multi-system collaboration and foster best practices in child exploitation investigations. Also, the centre ensures that victims receive sensitive and immediate support in a setting that puts their needs first. This set-up reduces system-induced stress faced by children who are victims of sexual or serious physical abuse.

The Winnipeg Police Service is also an active participant and contributor to the violent crime linkage system. More than two years ago, we changed our workflow internally and have a nearly 100% compliance rating for submissions and analysis. This has benefited local investigations and identified leads on cases that had run cold. These new leads have increased tenfold because of our changes in workflow and communication.

Since 2005, our integrated high-risk offender unit has been operating in partnership with the RCMP corrections and community groups. This unit aggressively monitors offenders for conditional order breaches and conducts surveillance operations on persons designated as a high risk to reoffend. They also facilitate Criminal Code section 810 order applications and public information notices.

Our missing persons unit was restructured in 2009. Currently, the unit manages approximately 6,600 missing person cases a year, many of which are chronic runaway children who need our help. We have developed a high-risk victim protocol strategy that aims to prevent the exploitation of youth and bring about stabilization in their lives. We do this by pairing a police officer and social worker together, shoulder to shoulder, to plan, manage, evaluate risk, and help each child as an individual. This program works. It brings a stable lifestyle to many and provides a real mechanism for police to identify those who prey on children in our malls, parks, and streets.

Finding missing kids is only the first part. We now probe further in these cases, and if we can bring charges of luring and of abduction of a child under 14 within the parameters of harbouring or concealing their whereabouts, we do so. Our vice unit is also involved in a number of tactics that focus on exploitation, prevention, and communication.

Deter and identify sex-trade consumer reports, or DISC reports, have formed part of our records management system since 2002. These reports often begin with front-line police officers conducting traffic stops. The information is automatically forwarded to the vice unit for analysis, and information such as behaviour, risk to the community, suspicious practices, or comments are noted and compared with ongoing cases.

Where children are potentially at risk, this information is shared with children's services, which have the ability under the provincial legislation to take proactive steps against the potential or actual offenders. The vice unit monitors known sex-trade websites and Internet advertisements daily. Undercover operations are conducted based on this information or these ads, and particular attention is given to exploitation, human trafficking, and child prostitution-styled ads. This has occurred for approximately five years.

The vice unit has regularly developed relationships with the Salvation Army; New Directions for Children, Youth, Adults & Families; Rossbrook House; Sage House; and the Native Women's Transition Centre Inc. These relationships have identified people who prey on the vulnerable for the purpose of forced entry into the sex trade. Vice investigations, human trafficking, cycles of exploitation and drug dependency, and techniques for helping sex trade workers are taught at recruit training and senior investigator levels.

In 2011, the Winnipeg Police Service assisted in the redevelopment of the curriculum for the province's core competency training course for understanding and working with sexually exploited youth. This exploitation training program is the only formal program in North America and is attended by social service workers, police, foster parents, health professionals, teachers, and corrections officers.

We also conduct programs to help both victims and offenders. Our prostitution offender program for johns began in 2002, and continues today. Approximately 50 to 70 offenders participate in this program each year. Conversely, our prostitution diversion program for sex-trade workers began in 2003, and also continues. Approximately 35 to 50 women complete multi-day, overnight programming each year. Police officers participate in all aspects of the program with social service workers, justice partners, and community specialists. Relationship building, trust, education, and change are our focus.

Our public campaign that is focused on exploitation, a sex trade reality check, has used public ads to raise awareness and to date has distributed more than 9,000 posters.

Another quarterly event is Project Return. This protocol includes social workers, both government and non-government, working with police during undercover police operations to assist with juvenile prostitution, treatment plans, and placement in safe, nurturing environments.

We have sponsored human trafficking training events in Winnipeg for police, crowns, and our partners to raise awareness and action. The Winnipeg Police Service has partnered on this subject with the University of Winnipeg and the University of Saskatchewan, by assisting doctoral students studying the dynamics of human trafficking and exploitation.

All of our practices have been looked at holistically in great detail over the last two years, and we recently realigned our missing persons unit and vice units within one division. All the units I spoke about previously are now contained in that division. This new division I speak of has been renamed the Specialized Investigations Division. This speaks to our commitment to victim-centred services, along with robust investigations that will bring those responsible for exploitation to account under the law.

In fact, Winnipeg police investigators just last year had a case where the specific human trafficking charges fell apart due to a number of factors, most of which were out of our control. Thankfully, investigators were able to regroup, continue the investigation on this gang associate, and bring about charges that resulted in a conviction and appropriate penitentiary term. This case had a procuring element, and it would have been both prudent and advantageous to continue the investigation from a forfeiture perspective.

Bill C-452 will provide opportunities and further accountability for those who offend. I can say with confidence that police are well versed in forfeiture investigation and presumption of evidence processes due to similar parallels and experiences in proceeds of crime law. The amendments in Bill C-452 will enhance our ability to remove the profit from exploitation crime. I know from my own experience as an organized crime investigator, that forfeiture and consecutive sentences work. Deterrence and breaking the cycle of profitability can change behaviour and prevent others from entering that offending cycle of behaviour, greed, and disrespect for others.

I do not have any direct recommendations today, but I do wish to express my hope that the resolve of legislators will not wane when it comes to human trafficking, exploitation, and improving the lives of all people within our borders.

Ladies and gentlemen, thank you very much.

April 29th, 2013 / 3:45 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Thank you very much.

Thank you for coming to committee, Maria. Congratulations on your work on human trafficking.

Bill C-452 will add heavier penalties to human trafficking offences by requiring the imposition of consecutive sentences for engaging in this type of terrible conduct, in my opinion. It's the kind of thing we don't want in this country.

Do you agree that penalties for this type of offence should be severe, and if you do, why?

April 29th, 2013 / 3:30 p.m.
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Bloc

Maria Mourani Bloc Ahuntsic, QC

Thank you very much, Mr. Chair.

I would like to greet all my colleagues and thank them for allowing me to speak on this very important bill.

My presentation is divided into two main sections. During the first one I will explain what led to the bill. Mainly, I want to tell you about the thought process for the bill. In the second part, I will focus on the various clauses.

First, this bill was created in three main steps over a year and a half. It took a long time to develop. My objective when I began was to understand the perspective of the people on the ground. The first step was therefore to meet with specialists on the ground who were in direct contact with victims of the trafficking and procuring of persons and with traffickers and pimps. This meant groups working with victims and police.

My objective in collecting this data was to understand legislative needs. Of course, there are other needs, such as awareness campaigns, resources for police investigations and resources for victims. In fact, there are very few shelters. We are in desperate need of shelters in Quebec. However, I was also interested in the legal aspect of this issue. Our efforts led to some very interesting points, which I will present later.

The second step after data collection was to translate these needs into a bill. I worked with our legislative drafters here at the House and we submitted a draft bill.

Finally, I went back to the partners we had consulted to show them the first version of the bill and see if there was anything to improve, change and so on. The bill was then presented to other groups that were not necessarily involved in its creation and development. We wanted to know what they thought to see whether there were any problems with the bill on the legal front, for example. I therefore met with members of the Quebec Bar. I do not remember the exact number of criminologists who were at the meeting, but there were a number of them. If I remember correctly, the consultation was in 2010. I presented the bill and it was very well received.

Bill C-612 was then tabled on December 15, 2010. It went through second reading on March 24, 2011, but unfortunately died on the order paper because of the election.

After the election, I again tabled the bill after making a few adjustments. It was sent back to the legislative drafters because, of course, my colleague Joy Smith had tabled her own bill on this topic. Her bill contained some provisions that were also in my bill. For example, extraterritoriality was removed from Bill C-452 even though it had been part of my original bill.

So the bill was sent back to the legislative drafters and a new version of it was produced with a few changes. I would say that about 95% of Bill C-612 is still there. The bill was tabled on October 16, 2012, and passed second reading in March. I believe it is important to mention the groups that worked on this bill because this is their bill. I am simply their spokesperson. The Conseil du statut de la femme requested to appear before the committee and also submitted a document on this topic.

I consulted police experts at the SPVM. Their work on the bill involved the moral aspect and the sexual exploitation of children aspect. I also consulted the Comité d'action contre la traite humaine interne et internationale; the Association féminine d'éducation et d'action sociale, better known as AFEAS; the Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel; the Regroupement québécois des CALACS; Concertation-Femme; the Concertation des luttes contre l'exploitation sexuelle, which I believe will also be appearing before you; the Association québécoise Plaidoyer-victimes; the Collectif de l'Outaouais contre l'exploitation sexuelle, which is with us today; the diocèse de l'Outaouais de la condition des femmes; Maison de Marthe; and, of course, the YMCA of Quebec.

These groups have asked to be heard during the committee's proceedings. I really want to thank them for the work they have done for over a year and a half. They continue to promote this bill. I want to give a big thank you to all of these groups.

I do not know how much time I have left, Mr. Chair. I have many things to say.

April 29th, 2013 / 3:30 p.m.
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Conservative

The Chair Conservative Mike Wallace

(Motion agreed to)

Thank you very much.

Madame Mourani is here to talk to us for about an hour. We have an hour for you—so 10 minutes of introduction—from 4:30 to 5:30 on her Bill C-452.

The floor is yours, madam.

April 29th, 2013 / 3:30 p.m.
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Conservative

The Chair Conservative Mike Wallace

Ladies and gentlemen, it is my pleasure to welcome you to the Standing Committee on Justice and Human Rights, meeting number 70. According to our orders of the day, pursuant to order of reference of Wednesday, March 6, 2013, Bill C-452, an act to amend the Criminal Code (exploitation and trafficking in persons) will be in front of us today, Wednesday, and Monday of next week.

Before we begin with the mover of the bill, we have two budgets in front of us. They are both for witnesses we've had for the two previous private members' bills. One is $600 for the standing committee presentation. This was for Bill S-209, the prize fights. Would somebody move that for me?

Human TraffickingPetitionsRoutine Proceedings

April 24th, 2013 / 3:20 p.m.
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Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I rise to present a petition on behalf of 32 constituents in my riding calling on the government to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Human TraffickingPetitionsRoutine Proceedings

April 24th, 2013 / 3:15 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I have a petition signed by a large number of people from the Quebec City region, in support of Bill C-452, which is designed to combat human trafficking and sexual exploitation.

April 22nd, 2013 / 4:50 p.m.
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Conservative

The Chair Conservative Mike Wallace

That's it, ladies and gentlemen. Thank you very much.

We don't have any agenda items for Wednesday so I'll cancel Wednesday's meeting.

We will start Bill C-452 on Monday.

Human TraffickingPetitionsRoutine Proceedings

April 15th, 2013 / 3:15 p.m.
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Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I have with me a certified petition signed by 65 residents from my riding calling on the government to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons) in combatting human trafficking and sexual exploitation.

Human TraffickingPetitionsRoutine Proceedings

April 15th, 2013 / 3:10 p.m.
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Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I am very proud to table a petition calling on all members to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), which I introduced recently and which is currently being examined by the Standing Committee on Justice and Human Rights.

More than 100 people signed this petition, which calls for members to support the bill because sexual exploitation and trafficking in persons are serious crimes. The petition urges all members to ensure that this bill is read, amended and studied in committee as quickly as possible, before it returns to the House for third reading.

Human TraffickingPetitionsRoutine Proceedings

April 15th, 2013 / 3:10 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, the third one is in support of Bill C-452, dealing with human trafficking, which includes crimes committed within Canada and in foreign countries. The petitioners call upon the House of Commons to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Exploitation and Trafficking in PersonsPetitionsRoutine Proceedings

March 26th, 2013 / 10:10 a.m.
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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, today I am tabling a petition signed by men and women of Pierrefonds who want to bring our attention to the fact that trafficking in persons and sexual exploitation are serious crimes that we must fight vigorously. They are asking the House to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Human TraffickingPetitionsRoutine Proceedings

March 8th, 2013 / 12:15 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I am pleased to table in the House a petition signed by a large number of constituents in Beauport—Limoilou. This petition is in support of Bill C-452, which is designed to combat human trafficking and sexual exploitation.

The House resumed from March 1 consideration of the motion that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:05 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-452, which seeks to address the issue of human trafficking. I have already spoken several times about different aspects of this issue.

For example, in April, I spoke in favour of Bill C-310 to combat human trafficking in Canada and abroad. Then, in October, I spoke about Bill C-4, which seeks to combat the irregular arrival of refugee groups. At that time, I spoke out against the government's approach, which risks unduly punishing legitimate refugees rather than going after traffickers.

The issue of human trafficking is very broad and takes many forms. It is very important for Parliament to address the various forms of slavery because I firmly believe that the state has a duty to protect the most vulnerable members of society.

I am pleased to support Bill C-452, which amends the Criminal Code in order to provide consecutive sentences for offences related to procuring and trafficking in persons. It also creates a presumption regarding the exploitation of one person by another and adds circumstances that are deemed to constitute exploitation. Finally, it adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

I am pleased to support this bill because, first, instead of punishing victims of human trafficking, it seeks to punish procurers and traffickers. I would like to commend my colleague for introducing this bill because she really took the time to consult the community and get the primary stakeholders in the field involved.

I would like to mention some groups that support the principle of the bill. They are: the Council on the Status of Women, the Comité d'action contre la traite humaine interne et internationale, the Association féminine d'éducation et d'action sociale, the Regroupement des centres d'aide et de lutte contre les agressions à caractère sexuel, Concertation-Femme, Concertation des luttes contre l'exploitation sexuelle, the Association québécoise Plaidoyer-Victimes, the Collectif de l'Outaouais contre l'exploitation sexuelle, the diocèse de l'Outaouais de la condition des femmes and Maison de Marthe. It is important to consult experts and the community stakeholders affected by this issue.

In order to help hon. members grasp the scope of this problem, I would like to quote some excerpts from a recent RCMP report on this issue:

Recent convictions of human trafficking have mostly involved victims who are citizens and/or permanent residents of Canada trafficked for the purpose of sexual exploitation.

Human trafficking for the purpose of sexual exploitation has been mostly associated with organized prostitution occurring discreetly behind fronts, like escort agencies and residential brothels.

...foreign national sex workers who engage illegally in the sex trade are vulnerable to being exploited and trafficked.

Organized crime networks with Eastern European links have been involved in the organized entry of women from former Soviet States into Canada for employment in escort services in the Greater Toronto Area and possibly in massage and escort services in the Montreal area. These groups have demonstrated transnational capabilities and significant associations with convicted human traffickers in the Czech Republic, Germany, Belarus, and Israel.

Some convicted offenders of domestic human trafficking were found to be affiliated to street gangs known to law enforcement for their pimping culture.

[Finally, we note that] [s]ignificant human trafficking indicators were identified in some cases involving foreign national domestic workers who were smuggled into Canada by their employers. These live-in domestic workers were controlled, threatened, underpaid, and forced to work by their employers.

There is no question that the violence associated with this type of trafficking mainly affects women and girls, and therefore children. In 98% of the cases, the victims of sexual exploitation are women.

I want to point out that aboriginal women are overrepresented among victims. As I explained earlier, this is a worldwide phenomenon that represents a lot of money. According to the UN, this crime reportedly brings in $32 billion a year for organized crime groups.

Since we are talking about sexual exploitation, I want to mention the controversial comments made by Tom Flanagan that were reported in the news this week. Tom Flanagan is a former advisor and mentor to the Prime Minister. This week he said that looking at child pornography does not hurt anyone. This libertarian said:

What’s wrong with child pornography—in the sense that it’s just pictures?...I do have some grave doubts about putting people in jail because of their taste in pictures.

Although he later apologized, these uninformed comments are quite shocking coming from someone so educated and with so much influence. It is shameful. For someone to look at child pornography, the child pornography must first be produced, which means that children suffer and become victims of abuse.

As Elizabeth Cannon, the president of the University of Calgary, said, “...child pornography is not a victimless crime. All aspects of this horrific crime involve the exploitation of children.”

I know that the Prime Minister has condemned Tom Flanagan's shameful comments about victims of child pornography. But the Prime Minister has been surrounding himself with some rather unsavoury people, which would lead us to believe that he is the one who is lacking judgment. In addition to Tom Flanagan, who trivialized child sexual exploitation, there is Arthur Porter, the fraudster involved in the McGill University Health Centre scandal who was appointed by the Prime Minister to the Security Intelligence Review Committee. There is also Bruce Carson, a former member of the Prime Minister's inner circle who is now facing charges of influence peddling. And, of course, there is Senator Brazeau, who was appointed to the Senate even though there were many complaints of misconduct against him, and he has now been charged for assaulting a woman.

So it does not mean much to me when government members criticize opposition members for being too soft on criminals. They should start by taking a look at their own ranks. But I digress. I will now get back to talking about the content of the bill.

As I said at the beginning, this bill is a step in the right direction. However, we need to address the issue of human trafficking with a far more ambitious plan that mobilizes human, police, electronic and material resources and goes far beyond a simple bill. I would like to see a comprehensive program that addresses the root of the problem, helps victims and supports the work of law enforcement agencies. I would like to see this bill studied in detail in committee, so that we can specifically look at whether it is constitutional to reverse the burden of proof in relation to the presumption regarding the exploitation of a person.

The other problem with this bill is that it provides for consecutive sentences for offences of procuring and human trafficking. That is the key measure in this bill. It may be struck down by the courts. The Supreme Court of Canada often cites the principle of proportionality in sentencing. For example, the bill provides that a pimp who assaults and exploits a woman would receive consecutive sentences. But even if we pass this measure, the courts may adjust the sentences for each offence in order to comply with the principle of proportionality. The punishment must fit the crime.

Once again, I would like to say that I support the content and principle of the bill, but I would like to hear from experts in committee so that they can provide us with constructive proposals.