Bill C-452 (Historical)

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

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.

[Rhéal Fortin, Québec debout, Rivière-du-Nord, QC]

As far as I'm concerned, there is no problem.

According to what I understood, the government detected a potential problem following advice received from the Canadian Bar Association. The Barreau du Québec had provided positive advice according to which all of Bill C-452 could be brought into effect. For its part, the Canadian Bar Association said that there was no problem except for clause 3 regarding consecutive sentences. It said that this clause could run counter to the Charter and be considered as... I don't remember the term but it doesn't matter. The Canadian Bar Association thought there could be a problem with the Charter.

That is the pretext or the reason invoked by the government to justify its decision to withdraw clause 3 to be able to study it in committee and bring it in later after making sure that it was properly worded. As for clauses 1, 2 and 4, it said that they could come into effect immediately. That is what the government said in February 2017.

All I am saying is that if we agree that clauses 1, 2 and 4 do not pose a problem, I don't understand why they have not been brought into effect. At a minimum, this would reverse the burden of proof, the presumption. This seems important to fight against pimping and the prostitution of young girls.

My colleagues know this as well as I do, and people spoke to us about this in the House on many occasions; there were press conferences and all of that. We agree that this is urgent. In 2011, we were saying this was urgent. We are now in 2018. We recognize that this is urgent since we keep adopting bills that say the same thing. Let's stop saying the same thing and bring the law into effect.

I don't claim to be an expert on constitutional law, but I don't think there is any problem regarding the consecutive sentences. If the government thinks there is one, let's work on that, but let's do it now because this is urgent.

Every day we wait counts. Last year, some 900 young girls had prostitution-related issues. We all have young girls in our families, whether they are our daughters, granddaughters or nieces. Would we like to see them caught up in this type of situation? We mustn't think that we are immune. We are not. That is why it is urgent that we act.

[Murray Rankin, NDP, Victoria, BC]

Thank you to all the witnesses.

My question is for Mr. Fortin.

I agree with what you said about member of Parliament Maria Mourani's bill C-452. It is indecent and embarrassing that we are still postponing its enactment. I agree entirely with you on that.

The bill includes two aspects. First, there are the consecutive sentences. It has been said that they might not be constitutional under the Canadian Charter of Rights and Freedoms. Also, the burden of proof is reversed in the case of pimps who are charged with exploitation and human trafficking. Does that also raise constitutional issues?

[Rhéal Fortin, Québec debout, Rivière-du-Nord, QC]

Thank you, Mr. Chair.

Thank you for giving me the opportunity to speak here today.

As you can imagine, this issue — which we have often addressed in the House — concerns us very much in Quebec. The issues seem quite well defined. The solutions also seem quite well defined, but for reasons I do not understand, the government does not seem to want to move forward, which concerns us greatly. I will explain what I mean.

In Quebec, the problem of prostitution is especially concerning for young girls of 18 years of age or less. Our Montreal youth centres have become recruitment points for prostitution. There have in fact been numerous interventions over the past few years. As a member of Parliament, and as a lawyer in my previous life, I had the opportunity of meeting with many of the workers who work with these organizations, who say that they are concerned, and have been for years.

Before the 2011 election, Bloc Québécois MP Maria Mourani presented Bill C-612 on this topic, but the bill died on the Order Paper following the 2011 elections. It was presented again in 2013. In 2015, Ms. Mourani's Bill C-452 was adopted unanimously by the House of Commons. It was then passed by the Senate and received royal assent on June 18, 2015.

What did this bill say? First, it created a presumption that an individual living in the same apartment as a person practising prostitution is reputed to be living from the avails of prostitution, and reputed to be a pimp. This reversed the burden of proof, which meant that these young girls, often very young, as my Senate colleagues have said — young girls who were sometimes 12, 13, 15 or 16 — could avoid having to testify about the guilt of a pimp, who scared them and controlled them. This made it very hard for them to give this kind of evidence. And so the burden of proof was reversed.

The bill also made it possible to seize goods acquired from the avails of prostitution. There was an issue of consistency, and also the matter of consecutive sentences, which seemed to us to be an important deterrent in the fight against prostitution.

Bill C-452, which dealt with these important issues, received royal assent in June 2015. Everyone had hoped that during the summer, it would be enacted, and we could finally tell young girls that we would provide some effective protection. Unfortunately an election was called at the end of the summer, and when the new government took power in October 2015, Bill C-452 was shelved and forgotten about for a time.

Subsequenty, as you know, considerable pressure was applied by my party and its members, and by civil society, and finally the current government decided to introduce another bill, C-38, on February 9, 2017. Bill C-38's only objective was to bring Bill C-452 into effect. It did nothing else. It indicated that we were in agreement with Bill C-452 and that its clauses 1, 2 and 4 would be adopted immediately; as for clause 3 regarding consecutive sentences, that was not certain. People felt that this clause would not survive a constitutional challenge. So the coming into force of consecutive sentences was postponed to a later date.

In February 2017, everyone hoped that the bill would be tabled and that it would be passed quickly. Unfortunately, today, in May 2018, a year and several months later, nothing has yet been done, and moreover, another way of doing nothing is to simply push things forward. And so Bill C-75 was introduced, a mammoth bill, as you know. Bill C-38was included in it, and it will be dealt with at some point.

Since 2011, we have not dealt with this seriously. I am embarrassed to say that I am sitting in a Parliament that is not taking this issue more seriously. We keep postponing it. There were bills C-612, C-452, C-38 and C-75.

Are we in agreement or aren't we? We adopted a bill unanimously, it received royal assent, and then we let things go. Personally, I think it is indecent and embarrassing that these young girls who are counting on us are still having to deal with pimps. People don't just depend on us to extend apologies and say that what happened to them 100, 50 or 200 years ago was very sad. They are counting on us to help eliminate daily, current problems they are facing.

Sometimes there is no solution. It happens. In certain cases, solutions are complicated and take time. However, we are talking here about a problem to which there is a solution we agreed on and had adopted.

Can this order be issued?

That is what I had to say today, Mr. Chair. I'll stop here. I think my message is clear.

[Mélanie Carpentier]

The important thing is to follow through. Sex work has increased dramatically, but we can't get concrete statistics because it used to happen in public places, whereas now it's more underground. Girls are posting ads on Backpage or other dating sites. It's even harder to get figures. We will never get statistics on the number of victims of human trafficking in Canada.

By criminalizing human trafficking, creating a legal framework around sex work, and applying the measures set out in Bill C-452, you would be showing that this is not acceptable. If people feel comfortable in the sex work industry and want to work in that field, they would have the right to keep doing so, because it's legal, but we need to protect victims. As for transactions between two consenting people, it's not up to me to say that's not okay.

[Mélanie Carpentier, Director, Victim Services, La Maison de Mélanie]

Hello Mr. Chair and committee members.

Thank you for having me here today. I do speak English, but it will be easier if I speak French.

As I listened to what you have been saying, it seems clear to me that sexual exploitation and human trafficking are not really part of your reality. That is why I want to come back to the victims and talk about who they are. The victims are your friends, your sisters, your daughters. They are girls who thought that, one day, their prince charming would come along and save them. They watched Sleeping Beauty, where a prince awakens a girl from a deep sleep. They watched Snow White, who is saved by a street gang of seven dwarves and then prince charming comes along and offers her the life of her dreams. They watched Beauty and the Beast in which Belle transforms the beast into her prince charming with her love, a perfect example of Stockholm syndrome.

Slowly and silently, they become desensitized to sexuality and all of a sudden their prince turns into a frog. This happens so surreptitiously that they do not see anything coming and then they feel responsible for what is happening to them. Others go to a party, unknowingly take a date rape drug, and are gang raped. Their lives are forever changed in an instant.

Who are the victims?

I am the founder and director of La Maison de Mélanie. I work with victims of sexual exploitation and human trafficking for the purpose of sexual exploitation. The victims are police officers, teachers, or MPs who were captured one day. Sexual exploitation has extremely serious consequences, but today I have the opportunity to speak to you on behalf of myself, as a survivor, and on behalf of all those that I fondly refer to as my little sisters in combat, those who have survived the horror of this heinous crime.

In 2014, it became an offence to purchase sexual services of any kind under the Criminal Code of Canada. The women and girls in the industry are supposed to be considered victims, but that is not at all reflected in the society in which we live or in the way such matters are handled by the courts. The stigmatization, exclusion, marginalization, judgment, and rejection that we, as victims, have to live with day in and day out are completely unacceptable and unbearable.

In addition to surviving the most horrific atrocities, we have to deal with constant revictimization, which prevents us from creating a new identity and growing as individuals. By failing to enforce Bill C-452 to give us justice and by making us responsible for what we experienced, the government is giving power to our exploiters and clients and is violating our rights under the Canadian Victims Bill of Rights.

We have the right to be recognized for who we are—victims—and to be heard and believed. Our rights, including our right to redress from the courts, are violated because very few people are receptive to the horror that we experienced. They believe that we are responsible for our own dehumanization, which is a modern form of slavery. We also have the right to obtain justice and to be protected. Since that would involve imposing exemplary sentences on our exploiters and applying consecutive sentences, it is clear that, in your eyes and the eyes of society, we are worth less than those who exploit us.

Today, I hold a bachelor's degree from the Université de Montréal, and I am just about to finish a second bachelor's degree so that I can become a member of the Ordre professionnel des criminologues du Québec. I was awarded a medal of honour by the Senate for my involvement in Canadian society, for my contribution, and for my work with victims.

If the current act were amended and a place were made for victims, how many others could become contributing members of this great country of Canada.

Human trafficking does not just affect victims and their families. It also affects society as a whole. If we fail to provide adequate services for victims of sexual exploitation, we are responsible for higher hospital fees, suicides, children being placed, abandonment, abuse, and addiction. However, if victims were given what they need now, we could help them grow.

I would like to make a comparison with veterans. A total of 42% of members of the Canadian Armed Forces experience symptoms of post-traumatic stress disorder, whereas 94% of women who are raped experience such symptoms. Victims of sexual exploitation are raped every day. They are constantly being raped by one or more people. What percentage of them will experience symptoms of post-traumatic stress disorder?

La Maison de Mélanie and I would like to respectfully make some recommendations.

First, sex education needs to begin in elementary school, particularly when it comes to the notion of consent.

Second, we need to ensure that professionals who may be called upon to help victims are given the proper training so that they can recognize victims and intervene appropriately. I am talking about people such as police officers, social workers, teachers, and others who work in schools, in sports, and in community organizations.

Third, judges need training so that they are aware of the impact human trafficking has on victims.

Fourth, there is a need for more services for victims of sexual exploitation, for example, housing services that meet their needs.

Fifth, we recommend the enforcement of former Bill C-452, which seeks to remove the burden of proof from victims of human trafficking and place it on exploiters, as well as to provide consecutive sentences for offences related to human trafficking.

Sixth, the Canadian Victims Bill of Rights needs to be enforced, particularly the right to protection before, during, and after court proceedings.

Seventh, we recommend making legal help available to the victims of human trafficking for the purposes of sexual exploitation.

Thank you.

Justice

[Rhéal Fortin, Québec debout, Rivière-du-Nord, QC]

Mr. Speaker, yesterday, we attempted to better protect young girls in Canada by fast-tracking the passage of Bill C-38, a government bill to combat pimping.

We would have preferred Bill C-452, but the Prime Minister went back on his vote. In collusion with the Conservatives, the Liberals said no to our motion. They said no to making life hard for pimps. The Liberals and the Conservatives would rather preserve the status quo than protect our young girls.

How can the government justify refusing to pass its own bill?

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, here are the facts: thousands of young girls across Canada, including about 2,000 in Quebec alone, are trapped in the clutches of pimps and street gangs.

Since 2013, MPs and senators have been doing their job and unanimously supported Bill C-452. This includes the Prime Minister, I might add, when he was in opposition.

When it comes to legalizing marijuana, the Prime Minister has no problem rushing it through, but when it comes to protecting our young girls who are trapped in the clutches of pimps, he seems to find it too difficult to sign the document.

What is he waiting for?

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, three years ago, all MPs and all senators voted unanimously in favour of Bill C-452 to combat procuring and trafficking in persons. The only thing missing for this legislation to take effect is the Prime Minister's signature. Members heard correctly: the Prime Minister's signature is the only thing missing to give our justice and public safety systems the tools needed to protect our young girls who are trapped in the hell of prostitution and human trafficking.

My question is simple. When will the Prime Minister finally sign the legislation?

Status of Women

[Rhéal Fortin, Québec debout, Rivière-du-Nord, QC]

Mr. Speaker, Bill C-452 was passed unanimously and received royal assent in June 2015. This bill included consecutive sentences and reversed the burden of proof. It was a strong and tangible gesture to take action against pimps. However, the Liberals backtracked and introduced Bill C-38, a truncated version of Bill C-452, which itself has been gathering dust since February 2017. It has yet to be debated.

Did the Prime Minister really want to take action against sexual exploitation or was this just another show?

Justice

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, in 2015, all senators and all MPs voted in favour of Bill C-452 to combat procuring and trafficking in persons. Even the Prime Minister and all Liberal members voted in favour of the bill.

The only thing missing now is the Prime Minister's signature. Everything in life is all about priorities. Because of the Prime Minister's inaction, thousands of young girls and their families have continued living in hell for three years now.

When will the Prime Minister finally sign the bill?

Human Trafficking and Child Prostitution

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, human trafficking and child prostitution has been a growing problem in Canada in recent years. Innocent young girls are falling victim to pimps who destroy their lives. In order to address this serious problem, all parties unanimously passed the former Conservative government's Bill C-452, but the current government is refusing to sign the order in council for the coming into force of this bill. Instead, the Liberals introduced their own revised and watered down version of the bill, Bill C-38. Since then, there has been a growing number of victims, making this government complicit in this unacceptable plague on society.

Like all Canadians, I am outraged by the rise in the phenomenon of pimping in Canada and even more so by the fact that this so-called feminist government has stood idly by and allowed criminals to continue to destroy the lives of the young women it claims to want to protect and help reach their full potential. The government has a responsibility to take immediate action to help victims. It is a matter—

[Matthew Taylor]

You're correct that the amendments that were passed through Bill C-452 by Parliament are not yet in force. Bill C-38, which was introduced by the government, is in the House of Commons currently. It proposes to amend the coming into force clause of Bill C-452 for the reasons you have outlined with respect to the mandatory consecutive sentencing. It's no surprise that it's complicated to follow because it also relates to another piece of legislation that was passed by Parliament, Bill C-36, which I spoke about, and that was the bill that enacted mandatory minimum penalties for trafficking.

[Murray Rankin, NDP, Victoria, BC]

Thank you, Chair.

Thanks to all the witnesses for getting us started on this fascinating area.

I want to build on what Mr. Fraser asked Mr. Taylor about initially. I'm trying to get my head around the Criminal Code. Forgive me, but I tried, first of all, to understand where we are with Bill C-38, which you mentioned. To my understanding, the original bill, Bill C-452, was introduced by Maria Mourani to amend the code to provide for consecutive sentences for offences related to procurement and trafficking in persons, and it created what you talked about in another context, a presumption regarding the exploitation of one person by another, and added circumstances that were deemed to constitute exploitation.

Then Bill C-38, which amended that bill, passed with unanimous support almost a year ago, if I'm not mistaken, and it would implement every part of the original bill but the section that implemented the consecutive sentencing part, because the Liberals were reviewing, and still are reviewing, the issue of mandatory minimum sentences.

I just want to know if I have that right. Is that essentially correct? It's not in force yet—or is it in force?

[Matthew Taylor]

Thank you, Mr. Chair.

I thought it might be helpful to the committee for me to provide information for you on two separate things: first, the legislative history of Canada's criminal laws on human trafficking, and second, some background information on the types of programs that Justice Canada has funded to enhance services for victims of human trafficking.

Canada's first human trafficking specific offence was enacted in 2002 as part of the enactment of the Immigration and Refugee Protection Act. Section 118 prohibits the trafficking of persons into Canada and targets the means used by traffickers, such as force, fraud, abduction, deception, or coercion to bring victims into our country. It should be noted that the enactment of this offence coincided with Canada's implementation of the UN protocol to prevent, suppress and punish trafficking in persons, especially women and children, which Canada ratified in May of 2002.

In 2005, Parliament passed Bill C-49, An Act to amend the Criminal Code (trafficking in persons), and enacted three specific Criminal Code offences to more comprehensively address human trafficking, specifically, section 279.01 which prohibits all forms of human trafficking, domestic or transnational, and for any exploitative purpose; section 279.02, which prohibits the receipt of a financial or a material benefit knowing that it was derived from human trafficking; and, third, section 279.03, which prohibits the holding of identity documents to facilitate human trafficking.

Since that time, additional criminal law reforms have been passed by Parliament. In 2010, a private member's bill, Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), was enacted, creating a separate offence of trafficking in children that is punishable by mandatory minimum penalties of imprisonment.

In 2012, two years later, a private member's bill, Bill C-310, was enacted, enabling Canada to assume extraterritorial jurisdiction to prosecute in Canada Canadian citizens or permanent residents who commit human trafficking abroad. It also enacted a provision in subsection 279.04(2) that provides guidance to the courts in helping them to determine whether exploitation has been made out, exploitation being an essential element of the trafficking in persons offence.

In 2014, former Bill C-36 was passed, enacting the Protection of Communities and Exploited Persons Act.This act provided new mandatory minimum penalties for human trafficking involving adult victims and for the financial benefit and documents offences involving child victims.

Most recently, the government has introduced Bill C-38, an act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons), to bring in force certain amendments that were passed in Parliament in 2015 through a private member's bill, Bill C-452, and also An Act to amend the Criminal Code (exploitation and trafficking in persons). These provisions would enact an evidentiary presumption to help prosecutors prove an element of the human trafficking offence.

That's a bit of a summary of the changes that have been enacted by Parliament. As you can see, these criminal laws in respect of human trafficking have been the subject of ongoing interest and concern by parliamentarians.

At the same time, Justice Canada has supported their implementation in various ways, including through the provision of regular training to police and prosecutors, in conjunction with the RCMP and other police forces, victim services, and other experts. We've developed a handbook for police and prosecutors and fact sheets on key criminal justice issues for police and prosecutors, such as sentencing submissions, bail proceedings, and things of that nature in a human trafficking context. Justice officials have participated in similar efforts internationally, working closely with the United Nations Office on Drugs and Crime to develop similar technical assistance tools to support implementation around the world.

The department is also supporting improvements to victim services. A copy of initiatives that have been funded since 2012 by the department through the victims fund has been provided to the clerk of the committee, I believe, detailing the specifics of each project. Examples for your information include: enhancing victim services delivery in British Columbia, Alberta, Ontario, and Quebec; supporting the development of a resource handbook for indigenous women and girls who were victimized through human trafficking for the purposes of sexual exploitation; and, developing a mental health and addictions program for women and girls who were victims of trafficking.

I'm going to conclude my remarks there. I look forward to any questions.

Status of Women

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, Bill C-452, introduced by a female member of Parliament to help women who are victims of human trafficking, was shelved by a Prime Minister who claims to be a feminist.

Instead of accepting the decisions made by the House and the Senate, he came back with his own bill, which favours the offenders over the women.

Why will he not acknowledge that his bill is sloppy, and when will he help and protect these vulnerable women?