Bill C-36 (Historical)

Protection of Communities and Exploited Persons Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;
(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);
(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;
(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;
(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;
(f) ensure consistency between prostitution offences and the existing human trafficking offences; and
(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.
The enactment also makes consequential amendments to other Acts.

Financial Statement of Minister of Finance

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, last Thursday, Justice Phillip Sutherland of the Ontario Superior Court found once again that provisions criminalizing sex work are unconstitutional. In Parliament, there was supposed to be a review of the former Bill C-36, but it was never started.

Since the vast majority of sex workers in Canada are women, and since these provisions make it unsafe to work as a sex worker, when will the government move to decriminalize sex work, as has now been twice required by the Supreme Court of Canada?

Sex Workers

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I was pleased to sponsor petition e-3132, and I am even more pleased to present it today as it received more than 9,500 signatures in very short order.

The petitioners call for the full decriminalization of consensual sex work in Canada. They note that criminalizing sex work was found to be a violation of the right to security of person by the Supreme Court in the Bedford decision of 2013. They point out that instead of decriminalizing sex work, Bill C-36 simply found new ways to make sex work illegal, and the result has been to further endanger sex workers.

In the absence of the legislative review of Bill C-36 that was supposed to take place, the petitioners ask that instead of forcing sex workers to go back to court to protect their rights, the House simply repeal Bill C-36.

Status of Women

[Jag Sahota, Conservative, Calgary Skyview, AB]

moved:

That the second report of the Standing Committee on Status of Women presented on Thursday, February 4, 2021, be concurred in.

Mr. Speaker, I will be splitting my time with the member for Peace River—Westlock.

I am pleased to rise today to voice my support for declaring February 22 as national human trafficking awareness day. Human trafficking is the recruitment, transportation, harbouring and/or exercising control, discretion or influence over the movement of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery.

Human trafficking is not something Canadians think of often, if at all. When we do, we often think that this horrendous and dehumanizing crime is being committed elsewhere in the world: somewhere that is less fortunate and that lacks effective law enforcement. However, as the Conservative shadow minister for Women and Gender Equality, I have learned from several of my colleagues, including the member for Peace River—Westlock, and from stakeholders and organizations across the country just how vast the human trafficking network is in Canada.

Statistics Canada's 2018 report on human trafficking indicated that 90% of human trafficking in Canada was reported in census metropolitan areas, and that 97% of victims are women and girls with 74% of them being under the age of 25. Of that 74%, 28% were under the age of 18. These numbers are absolutely horrifying and break my heart. These are not just numbers. These numbers represent somebody's daughter, son, grandson, granddaughter, niece or nephew. No one underage, particularly those who are trafficked, has the ability to consent to sexual acts or exploitation.

When I look at my party's record on this issue, I am grateful that we have taken this issue seriously and made significant overhauls to our Criminal Code to address this very serious crime. The member for Haldimand—Norfolk, during her tenure as the minister for Citizenship and Immigration and as minister for Human Resources and Skills Development Canada, introduced several changes to the temporary foreign worker program and the immigration act to prevent situations where temporary workers in Canada, including strippers, might be abused, exploited or possibly become victims of human trafficking.

In 2010 and 2012, former member of Parliament Joy Smith introduced and passed two private members' bills: Bill C-268, minimum sentence for offences involving trafficking of persons under the age of eighteen years, and Bill C-310, trafficking in persons. Bill C-268 amended the Criminal Code and set mandatory minimums for those who were convicted of trafficking anyone under the age of 18, while Bill C-310 addressed a major loophole in our Criminal Code and made sure that Canadians or permanent residents who went abroad for the purpose of exploiting or trafficking foreign individuals would be brought back to Canada for prosecution.

In 2012, our Conservative government launched a four-year national action plan to combat human trafficking. This included Canada's first integrated law enforcement team dedicated to combatting human trafficking, and increased front-line training to identify and respond to human trafficking, enhanced prevention in vulnerable communities, provided more supports for victims of this crime, both those who are Canadians and foreigners, and strengthened our coordination with domestic and international partners in combatting human trafficking.

Our Conservative government also recognized that the majority of people who are trafficked are trafficked for the purpose of sexual exploitation. This is why, when our government had to revisit Canada's law regarding prostitution and pass Bill C-36, the Protection of Communities and Exploited Persons Act, we put a heavy focus on protecting these victims.

Until this law was passed, those forced into the sex trade were often treated as criminals by the law instead of being treated as the victims. This law was a made-in-Canada approach recognizing that those who sell sexual services are often victims of human trafficking and often underage. We recognized those people as victims of a more heinous crime, and instead of further victimizing the victim, our Conservative government focused on the pimps and the johns. This included those convicted of procuring, recruiting or harbouring another person for the purpose of prostitution, with a maximum penalty of 14 years in prison. If the victim was a child, the penalty carried a mandatory minimum sentence of five years.

We have done a lot to address human trafficking in Canada and stand up for the vulnerable in our society. However, there is still much more work that needs to be done.

Despite all of our hard work as parliamentarians, human trafficking is still a growing crime in Canada and remains very much below the public radar. At the Standing Committee on the Status of Women, one of the facts we have constantly heard from witnesses is the importance of raising awareness to help combat the prevalence of human trafficking. That is why I strongly support declaring a national awareness day. It would give us an opportunity to create an awareness campaign to educate Canadians that this crime happens and happens locally. It would show them the signs of someone who is being or is about to be trafficked and how to report that to the authorities.

The time is now to act on this very important issue. It has been over 16 years since Canada added human trafficking offences to the Criminal Code and 14 years since the House unanimously adopted a motion to condemn all forms of human trafficking and slavery.

The motion also calls for making February 22 the day to be declared national human trafficking awareness day. I believe this is the best and most practical day to use. The Provinces of Ontario and Alberta already use February 22 as the day to bring awareness provincially. Also, the government's own special adviser for combatting human trafficking has said that they would like to see this day declared as the national human trafficking awareness day.

There are several motions from all parties on the Order Paper: Motion No. 45 from the Conservative member for Peace River—Westlock, seconded by the Bloc member for Shefford; Motion No. 59 from the NDP member for Edmonton Strathcona, seconded by the Green member for Nanaimo—Ladysmith; and Motion No. 57 from the Liberal member for Scarborough—Guildwood, seconded by the Green member for Nanaimo—Ladysmith. All of their motions call for the House to condemn all forms of human trafficking and slavery, promote awareness, take steps toward combatting human trafficking and declare February 22 as national human trafficking awareness day.

Human trafficking is one of the most lucrative and quickly growing crimes in Canada. I hope all members of the House will agree with me and join me in declaring February 22 as national human trafficking awareness day.

Opposition Motion—Instruction to the Standing Committee on Public Safety and National Security

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, it is good that this will be looked into because it is important. It is also important for us to ask questions with respect to the sex trade and the risks to which many of the sex workers are subjected today.

As we know, the Conservative government brought in Bill C-36, and there were huge implications with respect to the safety of sex workers. Therefore, I would invite the member to comment on what the government should do to address the issue of safety for sex workers.

Opposition Motion — Instruction to the Standing Committee on Public Safety and National Security

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, one of the first things is that the law would be obeyed. The first lines about granting someone parole are that they will obey the law if they are out on parole.

There was one comment on Facebook about the parole officer being this guy's wingman. That is precisely where we do not want to end up. Bill C-36 made it clear that sex is not to be bought in Canada; therefore, we should have our Parole Board at least enforce the law.

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, I ask the hon. member to consider listening to the voices of sex workers. Sex workers are saying that sex work is work.

I also ask the hon. member about the Harper government's decision to implement Bill C-36, which criminalized the establishments that sex workers go to in order to feel safe and criminalized their ability to hire security. Does the member acknowledge that this is a factor in this death and many others?

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I would like to inform you that I will be sharing my time with the member for South Surrey—White Rock.

It is with heavy hearts that we come here to speak today. At the beginning of January, Marylène Levesque was an innocent young woman alive in Canada. A few weeks later, on January 22, Marylène was brutally murdered by a convicted murderer out on parole.

To say that this should never have happened is a significant understatement. Marylène should be alive today. She should never have met with Eustachio Gallese. Her death is tragic and utterly senseless. It is one more example of the preventable violence that women and girls face across Canada by men who view them as nothing more than objects and commodities to be bought and sold. Canadians are outraged. They have every right to be. They want answers.

The public safety minister told the House that a full investigation would take place and would be conducted by the commissioner of the Correctional Service of Canada and the chair of the Parole Board of Canada. It is an investigation that will try to answer why this senseless murder took place, and how to prevent others.

We already know the Parole Board of Canada allowed a man with a history of domestic violence against women out on day parole. He had already brutally murdered his own wife in 2004. Prior to that, he committed violence against an earlier partner in 1997. However, despite his clear history of repeated violence, the Parole Board and Gallese's parole officer made the shameful decision to sanction more violence by condoning and encouraging his perceived right to buy sex, thus signing the death warrant of Marylène. This is appalling. They should not have encouraged him to break the law.

In 2014, Parliament expressed grave concerns about the exploitation and violence inherent in prostitution through Bill C-36. Through this bill, the buying of sex was made illegal because of the harm and violence created by the demand for prostitution.

The goal of Parliament was to protect human dignity and the equality of all Canadians by discouraging prostitution, which has a disproportionate impact on women and children, particularly indigenous women and girls. The bill did not seek to reduce the harm of prostitution, but to eliminate prostitution altogether because of the violence and exploitation inherent in it.

Prostitution creates an environment of violence and inequality for women and girls, perpetuates sexual commodification and turns the most vulnerable in our society into objects to be bought and sold. That is why Bill C-36 sought to eliminate the demand by prohibiting the purchase of sex.

Countries around the world that have legalized prostitution have seen the violence against, and the murder of, those who work in prostitution. They have seen sex trafficking increase, especially among youth. This has happened in Germany, New Zealand and the Netherlands. The legitimization of prostitution normalizes attitudes of violence, misogyny and the objectification of women and girls.

Men do not have the right to buy sex, or to buy women and girls for pleasure. However, in this country, I dare say in this chamber, there are those who believe that prostitution should be legalized and that men should be entitled to buy sex and treat women and girls as commodities.

This line of thinking is heinous. It is evil, and a brazen attack on equality and the safety of all women and girls in Canada. This insidious rationale was on full display in the Parole Board's last written decision with respect to Gallese where it states, although he is single and cannot say whether he is ready to enter into a serious relationship with a woman:

...you are able to efficiently evaluate your needs and expectations towards women.... During the hearing, your parole officer underlined a strategy that was developed with the goals that would allow you to meet women in order to meet your sexual needs.

In other words, while the Parole Board acknowledged that intimate relationships with some women were inappropriate as they would be unsafe, it explicitly acknowledged his sexual needs and affirmed his perceived right to buy sex from those trapped in prostitution. In their minds, the Parole Board members were protecting some women that they deemed more valuable, while sending a convicted murderer to prey upon those who were the most disadvantaged and vulnerable.

As this tragic case demonstrates, it perpetuates the idea that there should be a class of women who are able to be purchased for sex by men who believe they have the right to objectify and harm those who are for sale. That is what we are talking about with this case today.

The Liberal-appointed Parole Board members thought so little of those in prostitution that they were willing to knowingly put these women's lives in grave danger, women like Marylène. How else can we explain their words and actions, other than that they believed buying sex should be legal and therefore condoned Gallese's perceived right to sex as if it was legal? In their minds, Gallese's perceived right to buy sex was more important than the law.

If Parole Board members had followed the law, they would not have granted Gallese's parole for this purpose. If they had followed the law, they would have recognized the exploitation and violence inherent in prostitution instead of supporting Gallese's sexual needs. However, the Parole Board's attitudes toward women and prostitution reflect what we have seen from the Liberal government over the past few years: a clear pattern of always putting the rights of criminals ahead of the rights of victims and those at risk.

We know indigenous women and girls are the most represented victim group in sex trafficking and prostitution in Canada. They make up only 4% of Canada's population, yet make up more than 50% of the victims in Canada.

Last year the government reduced some of the human trafficking offences to summary offences, which will significantly increase the likelihood that a human trafficking offence against indigenous women will proceed as a summary conviction offence, further denying them justice. The government also eliminated the consecutive sentences for human trafficking that were adopted under the previous government. The loss of consecutive sentencing leaves victims with a continued reluctance to come forward and report a crime due to their immense fear and the psychological control that traffickers have over their victims.

In the days following this horrific case of injustice, many survivors of sex trafficking and prostitution spoke out. They are outraged and want justice for Marylène and others. I want to share with this House a few of these voices.

Trisha Baptie of B.C., a survivor of sex trafficking, stated:

[In my 15 years of involvement in the sex industry] it was never the laws that beat and raped and killed me and my friends, it was men. It was never the location we were in that was unsafe, it was the men we were in that location with who made it unsafe.

Baptie further stated that our laws must always focus on ending the demand for paid sex.

Casandra Diamond, a survivor of sex trafficking in massage parlours in Toronto, said the following:

...commodifying a woman's body is dangerous, always. It sends a message that buying someone is acceptable, enshrining the power imbalance where people from average to above-average socioeconomic status purchase other humans, mainly women and girls who have below-average socioeconomic status and power.

Timea Nagy, a survivor who was trafficked from Hungary to Canada and sold in legal strip clubs and massage parlours in the GTA, stated:

To think and promote sex work as “normal work” must come to an end. The Liberal government is completely blinded and refuses to hear our side of the story. How many more deaths will it take them to listen? 10? 20? 30?

I strongly condemn the Parole Board of Canada's decision to allow a convicted murderer to buy sex and I hope the government will also condemn this decision.

I also call on this government to stop allowing prostitution to be legitimized. Legitimizing prostitution and downplaying the seriousness of sex trafficking will lead to more violence against women and increased discrimination toward those most at risk in our country. Legitimizing prostitution creates two classes of people, those who can be commodified and sold and those who should not be.

There are some things in Canada that are just not for sale. For example, my vote is not for sale. Democracy is not for sale. People should never be for sale. Women and girls in Canada deserve better.

Criminal Code

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Mr. Speaker, I am pleased to join the second reading debate on Private Member's bill, Bill C-206, an act to amend the Criminal Code.

At the outset, I want to to acknowledge the laudable objective of the bill and thank the member from Yellowhead for giving us the opportunity to debate this important social issue this evening.

Bill C-206 amends the Criminal Code to specify that the physical, emotional, sexual or financial abuse of a person over the age of 65 or of a person 18 years of age or older who depends on others for their care because of a mental or physical disability is to be considered an aggravating circumstance for sentencing purposes.

The member for Yellowhead said that the bill seeks to give vulnerable seniors further protections to ensure that they can live safely and in dignity, while protecting them against exploitation.

The bill would fulfill that objective by imposing harsher sentences on offenders who abuse these vulnerable victims, whether financially, physically or psychologically.

I am in full agreement with the member for Yellowhead that we must do everything to address the physical, financial and emotional exploitation of our seniors and other vulnerable Canadians who depend on others for their care because of a disability.

I hear about this issue in my work here in Ottawa, in my work around the country and also in my riding of Parkdale—High Park. Constituents speak to me about the statistics, which are problematic. Those statistics show that seniors and Canadians with disabilities are at a higher risk of being victims of crimes.

For instance, while older Canadians have historically reported low victimization rates, the physical disabilities and cognitive impairments experienced by some seniors may increase their vulnerability and make them more prone to certain kinds of abuse, such as online financial crime, neglect, financial exploitation and family-related violence.

By 2036 the size of Canada's senior population will increase about twofold, and persons aged 65 and over will represent approximately one quarter of the Canadian population in total.

Given Canada's aging population, Statistics Canada notes that police-reported violence committed against seniors will continue to increase if it is left unaddressed.

According to police data, Canadian seniors were more likely to be the victim of family violence in 2017 than they were 10 years ago. In 2007, Statistics Canada reported that the overall rate of police-reported violence against seniors had increased by 20% between 1998 and 2005. From 2009 to 2017, the rate of police-reported family violence against seniors rose 7%.

In 2014, people with a disability were about twice as likely to be victims of a violent crime than people who did not have a disability, and women and men with cognitive disabilities or mental health-related disabilities reported violent victimization approximately four times more often than their counterparts who did not have a disability.

Elder abuse, senior isolation and the abuse of vulnerable persons are completely unacceptable. Our government is working hard to provide Canadian seniors with greater security and a better quality of life. That is what compelled us to appoint and name a Minister of Seniors to the federal cabinet.

We have also invested in the new horizons for seniors program, which, through budget 2019, will receive an additional $100 million over the next five years. One of the key initiatives of that program is to tackle elder abuse and fraud.

Several legislative amendments have been enacted by Parliament to address the problem of elder abuse. For instance, in 2011, the Standing Up for Victims of White Collar Crime Act enacted an aggravating factor to the fraud offence found at section 380.1 of the Criminal Code. This was referenced in the earlier part of tonight's debate.

This provision directs a judge to treat evidence that the offence had a significant impact on the victim, having regard to “their personal circumstances including their age, health and financial situation”, as an aggravating factor at sentencing.

In 2012, there was also legislation enacted called Protecting Canada's Seniors Act, which enacted a provision that directed courts to treat evidence that the offence had a significant impact on the victim, having regard to his or her age and other personal circumstances, including health and financial situation, as an aggravating factor at sentencing.

These two legislative amendments essentially codified the current sentencing practices. In other words, when these legislative amendments were proposed, the law already required the courts to consider all aggravating and mitigating circumstances related to the offence and the offender's degree of responsibility, including the effect of an offence on a particular victim under all circumstances. In a given case, this can obviously include the victims' age and their vulnerability.

In summary, by codifying the aggravating circumstances, parliamentarians clarified the sentencing law for all Canadians and sent a message to the courts that it is important to consider these aggravating circumstances in sentencing decisions.

The Criminal Code includes a broad range of offences that apply equally to protect all Canadians, including vulnerable and elderly Canadians, as well as specific offences that take into account the vulnerability of the victim. For instance, the offences of assault, assault with bodily harm and aggravated assault apply to protect everyone, regardless of age, health or gender. However, there are also specific offences that target the abuse of vulnerable persons, such as in section 153.1 of the Criminal Code, which applies to the sexual exploitation of a person with a disability. The code also lists several aggravating factors that can apply in cases involving abuse of an elderly or vulnerable person who depends on others for care because of a mental or physical disability.

There are four aggravating factors: one, evidence and offences motivated by bias, prejudice or hate or based on, for instance, age or mental or physical disability; two, the fact that the offenders abuse their spouse or common-law partner; three, the fact that offenders abused a position of trust or authority in relation to the victim; and four, evidence that the offence had a significant impact on the victim having regard to their age or other personal circumstance, including their health or financial situation.

Based on my interpretation of the aggravating circumstance proposed in Bill C-206, I have to wonder if the amendment proposed in the bill could overlap with the circumstances already set out in the Criminal Code. I wonder if the amendment fixes any flaws in the law regarding the abuse of seniors and other vulnerable persons.

I look forward to hearing other members' thoughts about whether this conduct is already covered by the Criminal Code and how this amendment would affect the criminal justice system. For example, if we were to adopt an aggravating circumstance that is similar to the ones already in the Criminal Code, would there be an increase in the number of cases related to determining the scope of the new provision and how it differs from the aggravating circumstances set out in the Criminal Code?

Moreover, I wonder about the implications of setting a chronological age distinction of above 65 as the hard limit in the Criminal Code for assessing a person's vulnerability. Witnesses who testified before the House of Commons Standing Committee on Justice and Human Rights as part of its study of former Bill C-36 emphasized that the impact of a crime on an elderly victim is not necessarily dependent on chronological age, but rather on the combined unique characteristics of that elderly victim.

This leads me to question whether an individual's vulnerability is not best assessed by weighing a combination of factors, such as mental and physical health, financial situation and degree of autonomy. I am sure members of this House can come up with examples of when age is not the best indicator of a person's level of vulnerability. For these reasons, I look forward to a thorough debate on these important policy questions.

During second reading debate of the former Bill C-36, the member for Pierrefonds—Dollard at the time said that if we focus only on legal measures, we will be missing a very important point. Non-legislative measures can also significantly help address the problem.

In total, I would underscore that the bill proposed by the member for Yellowhead targets a very important and laudable objective. I look forward to the important debate continuing on this issue and on the issue of combatting elder abuse.

Justice

[Sean Casey, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I reject the premise of that question. This government is very committed to attacking the scourge of human trafficking in this country. We are well seized of this issue. We were the ones who instituted an inquiry into murdered and missing aboriginal women. We are also going to be reviewing in detail the provisions of Bill C-36, the flawed piece of legislation that was brought in by the previous government.

We are seized of it, we are acting on it, and we will indeed come up with an evidence-based solution to this terrible scourge.

Resumption of Debate on Address in Reply

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I also want to congratulate the hon. minister on her election, although she will know that I am very sad to lose the member she replaces, but I welcome her in her new role. I also commend the minister and her colleagues for starting the inquiry into murdered and missing indigenous.

However, I want to support the decision just taken by the hon. member for Esquimalt—Saanich—Sooke, that Bill C-36 represents a threat, not just for women in the sex trade, but to any sex trade worker, which it has. I have heard first hand from groups working with sex trade workers and from sex trade workers themselves. They say that Bill C-36 has put them in more vulnerable positions than they were in even before the Supreme Court ruling. Therefore, it has done the opposite of what the Supreme Court has urged us to do.

I take the minister's point that she awaits a decision and recommendations from the Minister of Justice, but I hope this new government will pursue the repeal of Bill C-36.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I salute the community work the minister did before coming to the House.

I want to quickly ask her two questions.

First, as she may be aware, I put forward a bill to provide equal protections for transgendered Canadians, transgendered Canadians being some of the people who are quite often forced to use shelters and who are subject to some of the worst violence in the country. Would she join with me in urging the Minister of Justice to bring that forward as a government bill?

My second question has to do with the situation of those who are involved in sex work in Canada. Under the previous government, the Supreme Court decision that decriminalized sex work was, in effect, overturned by Bill C-36. Now many people, for whatever reason, involved in the sex trade are being subjected to discrimination and to a great deal of violence as a result of that bill.

What is the minister's position is on the recriminalization of sex work?

Zero Tolerance for Barbaric Cultural Practices Act

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

Mr. Speaker, I thank my colleague for her very important input into Bill C-36. I quite enjoy the heart she shows for victims. However, I totally reject the premise of her comment that Bill S-7 would criminalize victims. It would protect women.

That young girl, after talking to her sister who she was close to, jumped off a bridge as a result of a forced marriage. Her sister told me that there had to be a bill put in place that would protect her against having to succumb to a forced marriage.

This bill would protect women. Therefore, I strongly disagree with the premise of the question that the hon. member across the way put forward a minute ago. The bill would protect the victims from terrible abuse, intimidation and a lifetime of horrendous brutal experiences.

Bill S-7 would open the door for these women, and it is high time we did this in our country.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I very much appreciated my colleague’s speech. I know that women’s rights are very important to her. We worked together on Bill C-36 concerning prostitution. There was a provision in that bill that unfortunately criminalized the victims, the women. The government proposed an amendment precisely because criminalizing victims as an objective will never put an end to any criminal activity. In fact, she supported that amendment.

However, what struck me is that Bill S-7 does exactly the same thing. It criminalizes these women, who are themselves victims of an unacceptable practice. I would like to know why the government was not prepared to reverse the trend, in this bill, and remove the provisions that criminalize the victims.

We know it, and my colleague knows it: criminalizing victims does not prevent offences from being committed.

Members not seeking re-election to the 42nd Parliament

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

Mr. Chair, it is my pleasure tonight to give my farewell speech here in the beautiful Parliament of Canada. These past 11 years have been a very interesting time here in Canada.

I have to thank first of all my beautiful family. My son Edward actually inspired me to come to Parliament because of his work in the ICE unit, because of his heart for those who could not help themselves, the trafficking victims and the child abuse cases he worked on. As my son, he turned my heart as a mother and subsequently the nation's heart was turned, because in this place I was able to come and represent the survivors of human trafficking. I thank my son Michael, who is a brilliant young man; Janet who is a top supporter of everything that I have done; Natasha, who is absolutely creative and brilliant; Alexandra, of course, who does so much on my foundation and who is truly a wonderfully caring human being; and Jenna. Those are my six children, and there are my grandchildren.

I am eternally grateful to my family for supporting everything I have done since I came to Parliament Hill. Of course, I thank my husband. He has suffered cancer through a large part of my stay here over the 11 years. I thank him for believing in my work and inspiring me to carry on.

Also, I thank my EDA who supported me in everything I have done, especially John Feldsted and Kaz Malkiewicz. John Feldsted was the president of my EDA for three years and continues to do much to further the cause of the political side of what I do.

I thank all the people across the country for their prayers as I did my work to bring laws to this place to combat human trafficking. Those prayers mean a lot because first in my life is my God. He is my strength. Second is my family, and everything else comes underneath that.

There are three people who I have to recognize as well: Brian McConaghy of Ratanak, who is my brother in terms of fighting human trafficking here in Canada and worldwide; Jamie McIntosh, who started International Justice Mission; and Benjamin Perrin, who started The Future Group. It is like the group of three. These people have always been with me through the many years, even before I came to Parliament and certainly during the time that I spent here.

Most of all, I would like to thank the survivors of human trafficking. When I came here I had a vision to stop human trafficking. I had a vision to get laws through to protect the victims of human trafficking. I did put two laws through that made Canadian history, thanks to the grace of God. They are survivors like Timea Nagy, Natasha Falle, Bridget Perrier, Trisha Baptie, just to name a few. They are absolutely amazing young women.

Around this place, to my colleagues in the Conservative caucus and my colleagues across the way, there have been real friendships welded together because of the common good. I believe everyone in the House has the good of the country at heart.

There is a man who sat in our lobby for years, John Holtby. He was such an encouragement to me. He was a brilliant man who cared very deeply about the issues and about my work.

There is a young lady, Kelly Williams, who worked with me, and on me as a matter of fact, when I was chair of the health committee. She did a lot of work around the committees.

Of course, there are the security people, the restaurant people, the pages and all who make Parliament work.

When I stop to look back at why I came here, for me, I came to stop human trafficking in our country. If it was not for the survivors who use their bravery to speak out, if it was not for ministers, like the Minister of Justice, and others, I would never have been able to accomplish what I wanted to accomplish.

When I think about the leaders in this Parliament, I know there have been many who have been very strongly affected by the human trafficking issue here in our country and who stood up in this Parliament to protect the most vulnerable. I thank them for that.

I thank Susan Finlay, my prayer partner. She has been my prayer partner for years, and she has always been with me. In my down times and triumphant times, she was always there.

This Parliament is a place where we change the laws of the land. There are very talented decision makers in this place, and often we do not see the small things that are there. To me, especially, the small things but very important things and people are the people like my staff.

Joel Oosterman, my chief of staff, and his wife Kristy have been with me for a very long time. I love them like family. Marian Jaworski, who runs my constituency office, is just an amazing person. I have to say that those are the people who saw the vision with me and who helped me. Joel is one of the most talented writers I have ever come across. If anyone needs anything, even a kidney, ask Marian. He will find it. He is that kind of staff member. He is just an incredibly honest man who stands above many.

All these people come together for such a time as this, to stop human trafficking here in Canada. God rest her soul, my mother always said that we should leave the world a better place and I hope that, because I have been here, that has occurred.

I have to say that there are many laws we have here, such as Bill C-268, regarding mandatory minimum sentences for traffickers of children age 18 years and under. There is Bill C-310, where we reached the long arm of Canadian law into other countries when Canadian citizens or permanent residents go to traffic or exploit others. We can now bring them back to Canada.

My heart started to really look to leaving this place on December 6, 2014. On that day, we passed Bill C-36, on which I worked with the Minister of Justice. For the first time in Canadian history, the buying of sex is illegal in this country. Now, we are at a point where we can press the button and have a new start. At that point in my career, I knew I had to leave this place.

I knew I had to do something else, so I am working on my foundation, the Joy Smith Foundation. I will continue to do that, I believe, until the end of time. The foundation is going very well. I have had hundreds of lovely letters from around the country from victims who have said thanks and that the foundation has helped them to restart their lives. What could be better than that?

I have a book coming out before Christmas, called I Just Didn't Know. All of the proceeds will be going to my foundation. I really hope the book touches the hearts of Canadians and people across the country who read it, because it has real life stories in it. Brave survivors have agreed to tell their stories, put their pictures in it, and explain how traffickers are able to lure young people.

It is my very great honour to have served and to continue to serve my country in this great place, the Parliament of Canada. It is rare to have the privilege of doing that and it is rare to have met all of the people in my caucus who I call friends and who are astoundingly strong leaders and decision-makers in this country.

I thank God for the opportunity that I had here, and I look forward to rekindling and keeping those friendships along the way as I go on to my other career.

Motions in Amendment

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I would remind the parliamentary secretary that yesterday, when he had the opportunity to rise in the House to vote in favour of our motion to end violence against women, he sadly decided to vote against it.

I understand his speech, but I think it is a bit rich of him to point his finger at the NDP, which moved the motion his own government voted against. The biggest problem here is that while we are talking about victims, we are also making criminals of them.

The Conservatives did the same thing with Bill C-36 concerning prostitution. They said that women who worked as prostitutes were victims, but they forgot that their bill turned them into criminals. Then they proposed an amendment to their bill, but it still made criminals of the victims in certain circumstances.

They are doing the same thing today: they are making criminals of the people they say are victims. That does not work, and all the experts agree.

What facts or scientific studies do they have to show that making victims into criminals will improve the situation?