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.

Justice

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

Mr. Speaker, earlier this month I highlighted the fact that every year, hundreds of young Canadian women, girls, and boys are lured into the vicious cycle of sex trafficking. I asked when the Liberal government would start fighting this horrific form of modern-day slavery.

This is not the first time I have raised the issue of sex trafficking and this government's lack of action on it. In fact, exactly one year ago, I stood here to raise the same issue during adjournment, and in the past 12 months this government has done nothing. In fact, since coming to power, the Liberals have allowed the fight against human trafficking to languish. They have allowed the national action plan to combat human trafficking to expire. They ended funding for NGOs. They have blocked important tools for police that were adopted by this House over four years ago, and then the Liberals introduced legislation, Bill C-38, to lighten sentences for sex traffickers.

A week ago the parliamentary secretary to the minister of public safety, in his response to my question during question period, claimed that the government's Bill C-38 would give police and prosecutors new tools to investigate human trafficking.

I would never suggest that the member was misleading the House, but I would rather give him the benefit of the doubt that he may not have read Bill C-38 in answering the question. If he had read it, he would know that Bill C-38 is only one paragraph long and does not have any provisions whatsoever giving police or prosecutors new tools to investigate human trafficking. Even the Minister of Justice, when she introduced Bill C-38 last February, wrongly claimed that Bill C-38 included tools for police and prosecutors to combat human trafficking.

However, the tools they pretend to be in Bill C-38 were in fact unanimously adopted by this House four years ago in an NDP private member's bill, Bill C-452, which was supported by a Conservative government and voted on by the current Prime Minister. It was Bill C-452 that created the presumption with respect to the exploitation of one person by another, added the offence of trafficking in persons to the list of offences to which the reverse onus forfeiture of proceeds of crime provisions would apply, corrected a technical discrepancy, and included a provision that human trafficking sentences would be served consecutively.

Bill C-452 received royal assent in June 2015. Then the Liberal government came into power and has since blocked Bill C-452 from coming into force. Why? It is because the Liberals do not like the idea that sex traffickers might face consecutive sentences. They feel it is too harsh to expect that a child trafficker should serve a long sentence for exploiting a minor in sex slavery.

All Bill C-38 does is to prevent sex traffickers from receiving consecutive sentences. That is it. Nothing more. It certainly doesn't help the police.

Eighty percent of the victims of sex trafficking have never come forward because of their fear. All of the investigators of human trafficking who testified on Bill C-452 welcomed the consecutive sentencing and highlighted that long sentences give victims the confidence to come forward to testify. They also pointed out that without consecutive sentencing, a pimp who traffics only one minor will receive the same sentence as a pimp who traffics five or 10 minors. Consecutive sentencing allows for punishments that better reflect the gravity of the situation.

When will this government stop misleading the public about Bill C-38? When will it stop blocking important tools for the police? When will the Liberals stand up for the victims of sex trafficking instead of blocking tougher sentences for those who enslave them?

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I appreciate the question because it gives me the opportunity to speak to Bill C-38, which we introduced. Our government is committed to combatting human trafficking and better protecting victims of these crimes. We are going to ensure that this bill moves forward as expeditiously as possible. The changes that we made with respect to the previous private member's bill, Bill C-452, were to ensure that our bill is in compliance with the charter.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, our government is very committed to ensuring that we do the right thing to protect victims and to combat human trafficking, the victims of which are among society's most vulnerable.

The bill introduced by the Minister of Justice yesterday would give law enforcement and prosecutors new tools to investigate and prosecute certain human trafficking offences that could be particularly difficult to prove. It would also strengthen Canada's criminal law and respond to trafficking of persons in a manner that would be consistent with the charter.

Bill C-38 would bring into force private member's Bill C-452, with amendments, to better protect victims, while at the same time ensuring consistency with the Charter of Rights and Freedoms.

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, our government is committed to combatting human trafficking and better protecting victims who are among society's most vulnerable.

Bill C-38 would bring into force the former private member's bill, Bill C-452, and also make it in compliance with the Charter of Rights and Freedoms. The bill would give law enforcement and prosecutors additional tools in terms of investigations and prosecutions to assist in combatting this challenge.

Life Means Life Act

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I am very pleased to rise here today. It is always a pleasure to represent my constituents, the people of Jonquière. I am always proud to speak in the House of Commons.

Issues that affect my region's economy are especially important to me. We talked about this a lot earlier. Unfortunately, the government is dragging its feet on many files, and this includes protecting jobs in the forestry sector. Our farmers are still fighting against diafiltered milk. We have yet to see any measures to improve access to employment insurance, for example in Saguenay—Lac-Saint-Jean, since we have a two-tier system.

Today in the House we are debating Bill C-229, which amends the Criminal Code and the Corrections and Conditional Release Act.

Let me be very clear: the NDP will be opposing this bill at second reading. It reminds us once again of the many reasons why Canadians sent the previous government packing. This is a bill that seems to have been written on the back of a napkin. It in no way reflects reality.

Instead of spreading misinformation and vote-seeking propaganda, the Conservatives should tell Canadians the truth. Under the current system, the most dangerous offenders who pose a risk to public safety never get out of prison.

We believe in evidence-based policy. Any reforms made to the sentencing regime should focus on improving public safety, not on political games.

The Conservatives have been talking about this bill since 2013, but waited until just a few months before the election was called to announce its introduction at a flashy election-style event. That same day, a Conservative member sent out an email to raise funds and add to the list of Conservative Party members. The subject line of the email was “Murderers in your neighbourhood?” This is another example of the troubling use of the politics of fear by the party that was in power at the time.

The ironic thing about the Conservatives is that they are always the first to want to talk about safety in our communities, but in the last three years, the Conservatives cut RCMP expenditures by millions of dollars. Not so long ago, the commissioner of the RCMP said that they had exhausted their budget and needed more money. That is where investment is needed: in the RCMP and public safety.

I believe that Canadians expect better from politicians. Major issues demand our attention, such as setting a decent minimum wage of $15 an hour and providing better access to employment insurance by making it accessible to everyone in every region.

There is work to do on pay equity and restoring home mail delivery. More resources need to be given to public safety, including the RCMP. Bill C-51 needs to be revisited and the order in council for Bill C-452 on exploitation and trafficking in persons needs to be signed.

Instead, the Conservatives would rather continue to introduce biased bills. Public policy must first and foremost be based on facts, and the objective of such policies must be to keep the public safe, not to win political points. We need to give our public security agencies more resources. We need to take action. We need to invest in prevention in order to prevent crime and help offenders reintegrate into society.

A brilliant lawyer named Michael Spratt said, and I quote:

Throwing away the key is an admission of failure. It amounts to admitting that our prisons are warehouses, that rehabilitation is a lie, that the law that holds us together as a society is still the law of the jungle — an eye for an eye. It’s the politics of despair.

I cannot give a speech about crime without thinking of the victims. Today, my thoughts are with all the victims, particularly the victims of crime. Some of them may be watching right now. Too often we forget the impact of crime on their lives and on the lives of their families, particularly when someone is killed. The NDP has always cared about victims and that is why we think it is so important to implement truly effective policies to keep the public safe.

The Conservatives should do a bit more research before introducing bills. In the current system, the most dangerous criminals who pose a threat to public safety never get out of prison. That is why any reforms made to the sentencing regime should focus on improving public safety and increasing financial resources, rather than on unconstitutional bills.

My opposition colleagues should know that it is up to the Attorney General to ensure that the laws that are introduced by the government are constitutional. However, once again, the Conservatives are introducing a bill that will more than likely end up being challenged in the courts. Many of their bills, some of which were mentioned today in the House, have already been deemed unconstitutional by the court.

I wonder whether my Conservative colleagues respect the principle of constitutionality and the separation of powers. We live in a democracy, but I all too often have the impression that they do not really believe it.

I will come right out with the question and it is up to them to answer it. Do they believe that it is important for parliamentarians to introduce bills that are constitutional? I will give them a chance to answer this question, which I believe is a very simple but important one.

In my view, it is essential that we put forward public policies that are based on facts and comply with the Canadian Charter of Rights and Freedoms and our Constitution.

Justice

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, without question, our government takes human trafficking and the exploitation of women and girls incredibly seriously. We are committed to strengthening the efforts to combat this problem.

With respect to Bill C-452, I have had discussions and there are concerns with respect to that particular piece of legislation in terms of the charter. We are working with our colleagues in the province of Quebec to ensure that we continue to address this issue in a substantive way. This is a very serious issue that we are dealing with.

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

Mr. Speaker, when it is time to spend money or take part in fundraising activities, the government is always quick on the draw, but when it comes to putting an end to pimping out young girls, forget it.

Yesterday we learned that the Minister of Justice is considering rewriting Bill C-452 on human trafficking, even though that bill has the support of all political parties, the Senate, and the Prime Minister himself.

Why does the Minister of Justice refuse to protect young victims now, and why is she hiding behind the Canadian Charter of Rights and Freedoms?

Human Trafficking

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

Mr. Speaker, since the beginning of the week, all parties in the House have been calling on the Prime Minister to enact Bill C-452 on human trafficking, a bill that received royal assent after it was passed unanimously in the House.

Mothers of young girls who are controlled by street gangs wrote to the Prime Minister directly this week. My fear is that the Liberal government is refusing to sign the order in council because the bill was not introduced by the Liberal Party. That would not be worthy of a government and a Prime Minister that should be making decisions for the good of the people.

In the words of the hon. member who introduced this bill in 2011, the broad parliamentary debate has already taken place and the law is ready. It is time for the Liberal government to set partisanship aside and sign the order. It would take five minutes and would help countless young girls.

Justice

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

Mr. Speaker, these young women and their families are in our thoughts and prayers. The disappearance of a child is a tragedy, especially in these circumstances. We are determined to achieve the important objectives of Bill C-452.

I can guarantee that we will quickly take action that is in keeping with our values and the Canadian Charter of Rights and Freedoms.

Human Trafficking

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

Mr. Speaker, our government is closely following the situation in Quebec, where young women have disappeared. Our thoughts and prayers go out to these young women and their families.

We take human trafficking and the exploitation of women and girls very seriously. We are determined to build on the action we are taking to address this problem, so that some of the most vulnerable members of society have better protection. That is why we promised to hold an inquiry into missing and murdered indigenous women and girls.

Regrettably, the recruitment of children for the purposes of sexual exploitation and human trafficking remains a serious concern. It is a tragedy when a child disappears, particularly in circumstances that suggest the possibility of exploitation. The whole country shares the relief of parents whose daughters have been safely recovered in recent weeks. We are committed to working with provinces and territories, indigenous communities, law enforcement, and community organizations to combat exploitation and to support victims and potential victims.

While we support the principle of Bill C-452 to strengthen our criminal justice system's approach to human trafficking, there are some parts of the bill that raise concerns.

If the bill were to come into force, it would require that the sentence imposed on a person for the offence of trafficking in persons be served consecutively to any other punishment imposed on the person for an offence arising out of the same event.

There is a real risk that this provision could violate the charter, if applied in combination with the harsh mandatory minimum sentences established in 2014 for the offence of trafficking in persons under the Protection of Communities and Exploited Persons Act, the former Bill C-36.

In conjunction, these two provisions, which impose mandatory sentences, could result in sentences that are disproportionate to the offence and to the justice system's approach to other offences.

This disproportion could infringe on an individual's right to protection from cruel and unusual punishment, as set out in section 12 of the charter. In other words, there is a real risk that this bill could be unconstitutional.

We have committed to carefully review changes to the Criminal Code brought in over the last decade, with a view to determining their compliance with the charter and consistency with our values. We take this commitment very seriously. We will, therefore, take the necessary time to review the bill to ensure that we do not enact anything that may, in the end, be found to be unconstitutional.

We will strengthen our efforts to address human trafficking, which is a complex issue that impacts on some of the most vulnerable members of our society, but we must do so responsibly, in a way that reflects our values and respects the charter. Accordingly, we are currently examining new ways to address this very important issue.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, for several weeks now, there has been a crisis in Quebec that affects our girls. On an almost daily basis, we hear about another girl who has disappeared from a youth centre. Our girls are being targeted not only in youth centres, but also near schools, bus stops and malls. This is a stark reminder that human trafficking is real and is happening here at home. From Laval to Jonquière, no region has been spared. Nobody is safe from this. We must do everything we can to fight sexual exploitation and human trafficking. We must take preventive action, support our girls and ensure that our law enforcement agencies have the resources they need.

The Government of Canada has a role to play. It must make life more difficult for those who exploit our girls. Former MP Maria Mourani, a criminologist and sociologist, did remarkable work to move a bill against human trafficking through the House.

The bill imposes harsher punishments on exploiters. It amends the Criminal Code to achieve three objectives. First, it allows for harsher penalties for exploiters, because it imposes consecutive sentences. Exploiters convicted of several charges today are sentenced only for the most serious of the charges. Under the new legislation, those exploiters would be sentenced for all the charges. Second, the legislation makes it possible to reverse the burden of proof, placing it on the exploiters. Currently, as we heard from a police officer, it is hard to charge someone with sexual exploitation or human trafficking, because it is hard to prove and victims are often reluctant to testify. Lastly, the legislation allows for the seizure of proceeds of crime from anyone convicted of exploitation or human trafficking. This is already done in the case of drug trafficking. It only seems logical that the same sanction apply to human trafficking.

Exploiters are very familiar with the limits of the existing laws. They take advantage of the system while unscrupulously exploiting our girls. It is up to us to stand up and say, “Enough is enough.”

Bill C-452 was studied and passed by Parliament. All parties voted for this legislation, including the party now in power. Only an order in council is required for this legislation to take effect. That is all, it is simple, and all that is lacking is the will of the government.

Yesterday, Marjolaine Aubé, the mother of a runaway under the thumb of a pimp, who fortunately was found, gave the Prime Minister's office a letter asking him to implement Bill C-452. The letter is signed by five other parents of residents of the youth centre and is a heartfelt appeal. The parents said:

The current situation cannot be tolerated. There are real predators who are attacking young, vulnerable girls...

The broad parliamentary debate has already taken place and the law is ready. We are writing to you as Prime Minister and as a father, so that Law C-452 be applied without delay...

What does the government have to say to the parents? Will it take action to protect our girls?

Justice

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

Mr. Speaker, our thoughts and prayers are with those young women and their families. The disappearance of a child is a tragedy, particularly under such circumstances.

We are determined to achieve the important objectives of Bill C-452. I can guarantee that we will act quickly in a way that reflects our values and complies with the Canadian Charter of Rights and Freedoms.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, the recent incidents involving runaways from a Laval group home have drawn attention to the plight of vulnerable young girls who are under the control of pimps and have emphasized the urgent need for action.

Bill C-452 was unanimously passed by the House, passed by the Senate and given royal assent by the Governor General, but it is still waiting for a government order to come into force. Nevertheless, it is considered an essential tool for protecting our young people from sexual exploitation.

What is the government waiting for? When will it sign this order and immediately give effect to this bill to combat child prostitution?

[The Speaker, Andrew Scheer]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate Chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-247, An Act to expand the mandate of Service Canada in respect of the death of a Canadian citizen or Canadian resident—Chapter 15.

Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons)—Chapter 16.

Bill C-591, An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)—Chapter 17.

Bill S-3, An Act to amend the Coastal Fisheries Protection Act—Chapter 18.

Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act—Chapter 19.

Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts—Chapter 20.

Bill C-46, An Act to amend the National Energy Board Act and the Canada Oil and Gas Operations Act—Chapter 21.

Bill C-2, An Act to amend the Controlled Drugs and Substances Act,—Chapter 22.

Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts—Chapter 23.

Bill C-63, An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related amendments to other Acts—Chapter 24.

Bill C-66, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016—Chapter 25.

Bill C-67, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016—Chapter 26.

Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts—Chapter 27.

Bill C-555, An Act respecting the Marine Mammal Regulations (seal fishery observation licence)—Chapter 28.

Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts—Chapter 29.

Bill C-12, An Act to amend the Corrections and Conditional Release Act—Chapter 30.

Bill C-52, An Act to amend the Canada Transportation Act and the Railway Safety Act—Chapter 31.

Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act—Chapter 32.

Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations—Chapter 33.

Human Trafficking

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I rise to present a petition to the House in support of Bill C-452 to combat human trafficking and sexual exploitation. Some people may be surprised to learn that the proceeds of crime related to human trafficking are estimated at $32 billion a year. That is significant, which is why I would like to present this petition.