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.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:15 p.m.


See context

NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, it is a privilege to rise in the House to speak to this bill.

As a parliamentarian and a human being, I find certain topics more difficult to talk about than others. The subject of this bill is one of those topics. The fact that human trafficking still exists goes against all that is good in the world. This is the 21st century, and I sometimes wonder if we are evolving in the right direction.

But we cannot give up. That is what Jack Layton told me. He told me to stay positive and he was right. Despair does no good. Like my colleagues, I believe that human trafficking is a heinous crime. The Criminal Code should be updated so that we can attack this crime head on.

The reality is shocking. According to 2009 figures from the UNODC, 79% of trafficking victims in the world are forced into prostitution. According to 2005 figures from the International Labour Organization, 80% of trafficking victims are women and children, particularly young girls, and between 40% and 50% of all victims are children. Women and girls represent 98% of sexual exploitation victims.

Moreover, at the national level, Criminal Intelligence Service Canada indicated in its 2001 report that, in Canada, the average age of entry into prostitution is 14. According to 2004 figures from the U.S. State Department, every year an estimated 1,500 to 2,000 persons are victims of trafficking from Canada to the United States. It is estimated that traffickers bring approximately 600 women and children into Canada to service the Canadian sex industry.

Canadian victims of trafficking in persons in their own country is a problem often overlooked in studies and statistics on this issue, particularly as regards the sex trade. Just like some people who enter Canada to flee abject poverty in their country can find themselves in a work environment where they are exploited, Canadians faced with poverty and a lack of education or employment opportunities in their home community are also pushed towards sectors where exploitation is common.

Women across the country, including a large number coming from poor communities, leave their homes to engage in the sex trade. They may have been lured by someone offering them employment, education or other opportunities, or they may have left of their own will and were spotted at a bus depot by individuals looking for this type of vulnerable newcomers. A young woman may also decide to go and live elsewhere with a boyfriend who convinces her to engage in prostitution to provide for the couples' needs.

As a father of two energetic and vibrant daughters, Sophia and Gabriella, I simply cannot accept this situation. It is totally unacceptable in a modern, democratic and prosper country like ours. These crimes, like all problems of that nature, affect the most marginalized elements in our society. In Canada, they particularly affect aboriginal women and girls, who leave to settle in urban areas and engage in the sex trade.

The RCMP finds that victims in the majority of recent convictions for trafficking in persons involving Canadian women and sexual exploitation were aboriginal women and girls. Therefore, any plan must absolutely include our aboriginal people and nations. We must listen to them and respect them. First Nations, Inuit and Metis people, and particularly aboriginal women's groups, must participate actively as full-time partners in the fight against trafficking in persons. That is what the Kitigan Zibi and Lac Barrière Algonquin First Nations in my riding want. They deserve no less.

It is unfortunate that the Conservatives cut funding for those groups that fight such crimes. Sometimes, I wonder what we are doing here and what parliamentarians of the past did. I admit that, since I was first elected, I have sometimes been disappointed in the work we do as parliamentarians. There is such a waste of time. If, since 1867, we have not been able to eliminate crime as serious as human trafficking, what are we doing here?

Are we useful? Did parliamentarians of the past spend way too much time eating and drinking at parties, because of their love of power?

My studies in political science may have left me quite cynical about politics, but we must do something. We must act.

However, we need more than this bill. We need a plan to mobilize the human, police, electronic and material resources that would enable us to go at the root of the problem, to help victims and to support the work of police services, in order to eliminate these horrible crimes in our society, regain our Canadian pride and have the right to consider ourselves civilized.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:20 p.m.


See context

The Deputy Speaker

I give the hon. member for Ahuntsic the last five minutes for her right of reply.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:20 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I would first like to thank all of my colleagues who support sending this bill to committee to be worked on and improved. Since I am a woman who really likes consultation, I am open to all sorts of amendments. However, I ask that all parties keep in mind that amendments made in committee must not drain this bill of all its strength.

The hon. member for Notre-Dame-de-Grâce—Lachine said earlier that victims are afraid and that it is not right to ask them to testify against their assailants and their pimps. She is right, but she should look at the bill more carefully. The Criminal Code currently provides for the reversal of the burden of proof for procuring offences, and so this measure has already been proven to be constitutional. Victims who currently carry the burden of proof and have to testify sometimes forget things. Then, they are practically accused of lying in court. Recently, we heard about a human trafficking case where the victim, Sandy, was raped by 15 men and then again by 40 others. It is understandable that the victim's memory could fail her.

The reversal of the burden of proof protects victims. This measure was requested by victims' groups, women's groups and police officers working in the field. With regard to the constitutionality of this provision, such a measure already exists for procuring offences; the Criminal Code would merely have to be adjusted. As we know, 80% of human trafficking in Canada and throughout the world is for the purpose of sexual exploitation.

The NDP is saying that this bill needs to go further. I hope that it will not turn this bill into a weak piece of legislation with no teeth. On the other hand, my Liberal colleague, for whom I have a great deal of respect, spoke about consecutive sentences and the reversal of the burden of proof. Consecutive sentences exist in the Criminal Code and are recognized by the Commonwealth. Unlike with minimum sentences, this provision allows judges to determine the sentence and to impose exemplary sentences for heinous crimes. I hope that this provision will not be diluted when this bill is examined in committee.

I am calling of course on the NDP and the Liberal Party because they are the only two parties that have expressed reservations about the reversal of the burden of proof and consecutive sentences. I did not hear that in my Conservative colleagues' speeches.

I know that in the riding of the member for Hochelaga, and in mine as well, the problem of prostitution is part of daily life. It has been a long-standing problem in his riding, whereas it has only surfaced in the past four or five years in mine. We have to deal with it much more than before, which means that there has been an increase in a certain type of prostitution.

I agree with him. I, too, hope we will get rid of human trafficking in Canada and that it will become nothing more than an urban legend. Unfortunately, human trafficking is closely tied to prostitution. To fight trafficking, we have to fight procuring. This fight requires not only resources for women, the decriminalization of prostitutes, the criminalization of procuring, but also the criminalization of the clients. The member for Hochelaga needs to understand this.

We have to direct resources to organizations that get women out of prostitution, not those that keep them in the business. Giving condoms to prostitutes and telling them not to worry about bad clients and pimps will not change things. We have to give them an opportunity to get out of the business.

Prostitution is not work. Prostitution is not the future of our boys and girls. It is not true that women were born to be served up to men who want to pay for sex.

Prostitution is a crime. Prostitution is violence—

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

The Deputy Speaker

Order. It being 2:30 p.m., the time provided for debate has expired.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

Some hon. members

Agreed.

No.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

The Deputy Speaker

All those in favour of the motion will please say yea.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

Some hon. members

Yea.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

The Deputy Speaker

All those opposed will please say nay.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

Some hon. members

Nay.

Criminal CodePrivate Members' Business

March 1st, 2013 / 2:25 p.m.


See context

The Deputy Speaker

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division on the motion stands deferred to Wednesday, March 6, 2013, immediately before the time provided for private members' business.

It being 2:30 p.m., the House stands adjourned until next Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 2:30 p.m.)