Bill C-212 (Historical)

An Act to amend the Criminal Code (luring a child outside Canada)

This enactment amends the Criminal Code to add the offence of luring a child to the offences for which Canadian citizens or permanent residents may be prosecuted in Canada even if committed outside Canada.

Fair Representation Act

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, it is my pleasure and honour to rise to discuss Bill C-20, an extremely important bill about our right to representation at the federal level in this magnificent country of ours, Canada. This is not an easy thing to achieve. This is not the first Parliament called upon to consider the matter, and it most surely will not be the last.

I do not know of any perfect formula, a formula that everyone agrees with, unless every Canadian were to have their own member, but even if that were possible, I am not sure that everyone would be satisfied. In any event, there are basic principles that must be applied. I have consistently listened with interest to the remarks made on this matter. Although I commend the government to some degree for its efforts with Bill C-20, once again, they have missed the boat. There are general principles, principles that must be adhered to in such situations, and in that sense, there is something lacking.

I am sorry to say that I am far less welcoming of the stance taken by my Liberal friends. My colleague from Saint-Laurent—Cartierville gave an extremely interesting speech that attempted to make the Liberal proposal seem logical and give it some oomph. In spite of this, the Liberals’ position appears to be an attempt to win votes.

Allow me to elaborate. In 2004, when I previously held a seat in Parliament, I sat on the Standing Committee on Procedure and House Affairs. I remember my colleague, who was a political adversary at that time, but with whom I shared a vision of democratic reform. Indeed, reforming the manner in which people are represented in Parliament is fundamental to the very concept of reform and of democracy. When I sat on the committee with the honourable Ed Broadbent, he proposed—as part of the review of our democratic life in Canada—that we consider the concept of proportional representation: our electoral process as a part of our democratic life, the type of representation we have, whether we should have one or two chambers, and how many representatives there should be. That is all part and parcel of our democratic process.

I remember that, at the time, it was a glorious thing to behold. In fact, the Liberal party was in government and some parties with numerous representatives in the House had no intention of even considering the possibility of reforming our electoral process, or even of reviewing the electoral process and proportional representation. Over the weekend, I was quite surprised to read that the honourable acting leader of the Liberal Party started to make a number of proposals regarding proportional representation.

What that tells me is that when a party is strong and has a stable and solid majority government, that is the time to think about such reforms if the party really cares about them. But that is clearly not the case, because it is when a party is not well represented in the House that, all of a sudden, it remembers that proportional representation is perhaps a really good idea.

I take with a grain of salt the criticism levelled at us by our friends on my far left. They often rise in the House to propose one thing or another, but having had numerous discussions with all of these members, I know full well that they do not believe in these proposals. If they were sitting on the other side of the House, if they were in the majority, I am not sure that they would be similarly concerned about this issue.

Although it may be a human instinct, quite often we examine what impact an issue will have on us, as members, and that is not necessarily democratic.

The beauty of the proposal we made at the time in Bill C-312was the fact that it re-established or put some teeth and substance into the concept of the Quebec nation, which, in my opinion, should be part of Bill C-20.

As I said when I gave my speech on Bill C-312, we cannot redistribute seats without going the extra mile and asking what was meant by the unanimous motion in the House that Quebeckers are a nation within Canada.

The most important way to reflect a concept in a country like Canada is through its representation.

Over the years, whether my colleagues believe it or not, if the political weight of Quebec is steadily and slowly diminished as a result of demographic or other factors, there will be no need for a referendum to leave because, at some point, Quebec will no longer exist within the federation. I do not believe that we want this to happen.

I repeat that it is not easy to find the best formula. Bill C-20 gives a number of provinces the right to better representation, and in no way am I denying the western provinces' right to better representation. However, I am not necessarily saying that having more members of Parliament will result in better representation. Basically, we should stop focusing just on the numbers and instead get together and recognize that there are things fundamentally wrong with our Canadian democracy when members of Parliament, even on the government side, no longer have any importance at all.

In my opinion, it is a waste of time and money to add 3, 10, 15 or 150 members if we do not change the way we are currently doing things. We will not satisfy the people in western Canada who do not feel as though they are well represented here in Parliament, the people in Quebec who do not feel as though they are being given the political weight they deserve, or the people in the Atlantic provinces who often have to fight to be heard. We will not make anyone happy. Basically, what it comes down to is how we represent Canadians. The work of members has been irrevocably eroding little by little over the years. There are party lines, a Prime Minister who makes all the decisions, a cabinet that often is not even aware of what is happening, members who have to follow the party line and the members opposite who must oppose.

That is what the public is telling us when we visit communities. Canadians no longer feel as though they are being represented. And yet, here we are, adding more seats so we can tell the public that they will be better represented thanks to a mathematical calculation and a complicated formula that gives results x, y and z.

Will that comfort people? Some ridings have 140,000 people while others have 30,000. But we must remember that some members have vast territories to cover, that some cover rural areas and others urban areas. Some are close to the Hill and some are far from the Hill. All of these factors must be taken into consideration.

I think we are going at it wrong if we limit ourselves and simply use mathematics to resolve something as fundamental as representation, which should be something to which all citizens are entitled.

In conclusion, first, I have a number of problems with Bill C-20 because it does not address the issue of Quebec's political weight at all. Second, this bill does not resolve the problem of representation in the west if what we want is to have a semblance of fairness in terms of the size of ridings. Third—and I will leave all my colleagues in this House to think about this one—I have no problem representing 200,000 people, as long as I have time to meet with them in their communities. That is our job. All 200,000 people do not communicate with us. We must be realistic. But we would have to re-examine the job of member of Parliament to truly find the notion of representing the people, which I sometimes have a hard time seeing in this House with all of the gag orders we have had.

Criminal Code

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I wish to thank the hon. member for Kildonan—St. Paul for her dedication to this important issue. I am honoured to have the opportunity to speak in support of legislation that would strengthen Canada's ability to prosecute human traffickers.

Bill C-310 is an important piece of legislation that proposes an amendment to section 7 of the Criminal Code which would add the current trafficking in persons offences to the list of offences which, if committed outside Canada by a Canadian or permanent resident, could be prosecuted in Canada.

I proposed a similar type of legislation, Bill C-212, which would empower the courts to prosecute the offence of luring a child when the offence is committed by a Canadian or permanent resident outside Canada's borders. Giving our courts the ability to prosecute offenders regardless of what jurisdiction the crime was committed in is an important tool in combatting crime like human trafficking or child exploitation in the 21st century.

Bill C-310 also proposes an amendment that would provide evidentiary definitions for exploitation by providing specific examples of exploitative conducts, such as use of threats, violence, coercion, and fraudulent means. The courts would be able to provide clear examples of exploitation.

Human trafficking, also referred to as the modern day slave trade, is a despicable crime against humanity that I know all members of this House would agree requires our utmost efforts to eliminate.

The international trafficking of people is a problem larger than average Canadians would assume. We often hear stories of the sex trade of women and girls, and men and boys occurring in faraway countries. However, when it comes to human trafficking, Canada is a destination country, a transit country, and a source country. Up to 16,000 people are trafficked to or through Canada every year.

The U.S. state department estimates there are between 600,000 and 800,000 global victims of human trafficking each and every year. While the majority of victims are women and girls, men and boys are also victimized. Regardless of gender, victims are knowingly lured into a criminal world that views them as objects, to be bought and traded, used for a certain amount of time and, in many cases, discarded when they no longer serve the criminals' purposes.

As a source country, many of our young vulnerable Canadians have been lured away from communities by the prospect or the promise of economic opportunity, and then sold into a dark underworld that steals from young people their freedom, their hope and, in some cases, their lives.

In Canada, we know young aboriginal women are particularly vulnerable to being victimized by traffickers and other parasitic criminals. We know about the Stolen Sisters, some 500 missing or murdered aboriginal women from across Canada. In northern British Columbia, Highway 16 has earned the unfortunate moniker “Highway of Tears”. There are a series of unresolved disappearances and murders of aboriginal women in the region and of course, we know of the dozens of prostituted women who have fallen victim to unspeakable crimes in Vancouver's Downtown Eastside.

In Canada, and around the world, victims of human trafficking and other forms of exploitation often come from the impoverished and marginalized conditions that make them vulnerable to violence and abuse. What cannot be ignored when discussing human trafficking is its root cause, which is poverty.

Growing economic inequality across the globe is a major cause for concern. In fact, this is the foundation of the occupy Wall Street protests and the similar protests it has sparked in Vancouver, Toronto, Montreal, Ottawa and, indeed, across the globe. Economic inequality creates conditions where people are desperate to provide a more secure future for themselves and for their families.

As labour markets increasingly see no borders, people are easily preyed upon by those offering the promise of a new job in a prosperous country. Once they fall into the trap, they are often manipulated into believing they themselves are criminals and oftentimes, the safety of their families are threatened should they ever try to escape.

Predators of human trafficking are often highly sophisticated, multinational criminal organizations that are experts at trading humans, just as they would weapons, drugs or firearms. The existence of modern-day criminal organizations like this requires our governments to enact clear, legal frameworks to protect victims and prosecute offenders. Experts argue that to effectively combat human trafficking we must adopt a three-pronged approach: prevention, prosecution and protection.

Bill C-310 would strengthen our ability to prosecute human traffickers. I believe Canada must also take steps to strengthen the prevention of human trafficking and the protection of its victims. In so many complex issues our community faces today, the key to achieving success is prevention, but often politicians have a difficult time justifying investing taxpayer dollars in preventive measures, which, despite a policy's proven effectiveness, may not have the same immediate gains like a new ice rink or a ribbon-cutting ceremony would.

In terms of prevention, we know that education is the key. A lack of awareness about the issue of human trafficking persists in our society. We need a national strategy to combat human trafficking that emphasizes coordination and partnership with various levels of departments of government, the RCMP, other countries, non-profit organizations and others. This level of coordination is key to ensuring protection is adequately provided to the victims of human trafficking.

There are many obstacles to identifying the victims of human trafficking. Oftentimes the first and only opportunity to identify them is at the border when many of them may still falsely believe that they are entering the country for legitimate purposes.

When we come across a potential victim of human trafficking, there are many challenges to providing the necessary elements of protection. We must protect them against unjust detention and deportation. There is a need for support services, such as shelter, health care and counselling. As I mentioned earlier, the lives of these victims and their families are often threatened, which makes it imperative that we offer witness protection services.

Members of the House have spoken about the police resources required to combat human trafficking. Our communities have been asking the federal government to provide adequate levels of resources so police can do their jobs. Canada's New Democrats have been calling for an increase of 2,500 police officers and resources to combat gangs and gang violence and to prevent our youth from being lured into criminal organizations.

In 2006, the government issued new guidelines for the issuance of temporary resident permits to victims of human trafficking, a step forward in combatting this serious crime. However, these permits have had their shortfalls. According to the Canada Council for Refugees:

—the temporary residence permits have proven inadequate: they are discretionary and are not always offered to trafficked persons; they impose an unreasonable burden of proof on the trafficked person; and the mandatory involvement of law enforcement agencies has deterred some trafficked persons from applying.

Canada's official opposition is calling on the government to provide victims of human trafficking a permanent option to stay in Canada. We call for this in part due to the shortcomings of the temporary resident permit, but also because of the very nature of this heinous crime. Victims must be given the choice to remain in Canada as permanent residents. They must be protected from prosecution themselves. There must be mechanisms in place to ensure victims are offered a full range of support services rather than treated as criminals.

I am hopeful that all members rise to speak in support of this bill. They will recognize that the fight against human trafficking is not over. Much work remains to be done to ensure that our country is doing all it can to combat the widespread scourge of human trafficking.

I would again like to recognize the efforts of my hon. colleague from Kildonan—St. Paul and would call on all members of the House to support Bill C-310.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

moved for leave to introduce Bill C-212, An Act to amend the Criminal Code (luring a child outside Canada).

Mr. Speaker, I rise again today to re-introduce legislation to strengthen the laws to protect children against child luring and abuse.

The legislation would make it illegal for any Canadian citizen or permanent resident to lure a child outside the borders of Canada.

The bill, if passed, would close a loophole in the Criminal Code. It would also make prosecution possible here at home.

I encourage all members of this House to support this bill.

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