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.

Motions in Amendment

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I rise today to speak to Bill S-224, which “amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons”.

The Bloc Québécois supports the principle of this bill, because it is imperative that we discuss all the tools likely to help the authorities combat this scourge, which is getting worse as more people move around the globe and the number of refugees increases. This topic is near and dear to my heart, because I would actually like to point out that, although I was unable to attend the annual general meeting yesterday, I had expressed my interest in renewing my mandate as co-chair of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking with my three other colleagues. There are four co-chairs, and we have been working on this issue for several years now.

I will talk about this bill by explaining it in greater detail, then I will talk a bit about the Palermo protocol, and then I will close by denouncing human smugglers.

First, this bill responds to the demands of several human trafficking survivors' groups and would make the definitions of exploitation and human trafficking more consistent with those set out in the Palermo protocol, which Canada signed in 2000. Bill S‑224 is very simple but very important. It removes a phrase from the Criminal Code stating that a charge under these provisions must be based on the fact that the victim believes “that their safety or the safety of a person known to them would be threatened” if they fail to comply. According to the International Justice and Human Rights Clinic at the University of British Columbia's Faculty of Law, asking victims to demonstrate that they have reasonable grounds to fear for their safety may be an obstacle to obtaining convictions for human trafficking. Elements of the offence of human trafficking are more difficult to prove than those of other similar offences. For example, the Immigration and Refugee Protection Act, which prohibits human trafficking, does not require the person involved to prove that they fear for their safety. This standard is no longer appropriate.

Second, it is important to note that this issue transcends borders because of the Palermo protocol, which dates back to 2000. On May 13, 2002, Canada ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Article 3 of the convention clearly defines trafficking in persons. That is how trafficking in persons was added to the Criminal Code in 2005. However, the Canadian definition does not match the one in the Palermo protocol, since the issue of consent or the victim's sense of security is taken into account in it. In Canada, the victim must prove that he or she was in danger or that he or she refused to be exploited.

In a case of trafficking in persons, regardless of whether the victim was initially willing or felt safe, the victim should not have to justify the circumstances under which they were lured in order to prove that trafficking in persons occurred. The U.S. State Department studied the legislation of its two neighbours, Canada and Mexico. Obviously, there is no real comparison. However, the report does make suggestions for Canada. It is important to remember that even if consent was given, such as consent to come to Canada, it does not mean that the person consented to the forced labour or sexual exploitation to which they were subsequently exposed, especially if the victim is dependent on someone because of isolation, lack of resources and language barriers.

In 2005, Bill C-49 added three human trafficking offences to the Criminal Code, as well as a definition. Trafficking in persons is now defined as receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons, as set out in section 279. 02; withholding or destroying a person's identity documents—which happens sometimes or often, even—such as a passport, whether authentic or forged, for the purpose of committing or facilitating trafficking of that person, as set out in section 279.03; and exploitation for the purpose of human trafficking offences, as set out in section 279.04.

In 2008-09, the first case involving a human trafficking charge under this new legislation was completed in adult criminal court. In 2010, subsection 279.011(1) was added to the Criminal Code. It imposed mandatory minimum penalties for individuals accused of the “trafficking of a person under the age of eighteen years”. That was Bill C-268. In 2012, the Criminal Code was amended to allow for the prosecution of Canadians and permanent residents for human trafficking offences committed internationally and to provide judges with an interpretive tool to assist in determining whether exploitation occurred. That is in subsection 279.04(1), and it was Bill C-310.

In 2015, mandatory minimum sentences were imposed for the main trafficking in persons offence under section 279.1 of the Criminal Code, for receiving a material benefit from child trafficking under subsection 279.02 of the Criminal Code, and for withholding or destroying documents to facilitate child trafficking under subsection 279.03(2), stemming from former Bill C-454 introduced by the Bloc Québécois. We have been thinking about this issue for a few years now.

Let us talk about the link between human smugglers and human trafficking. In the context of trafficking in persons, it is important to recognize the related issue of migrant smuggling, which is often mistaken for human trafficking. Migrant smuggling, or what some might call migration assistance, consists of helping an individual cross a border illegally. The individual consents to being transported and makes a payment to the smuggler in exchange for the desired service. On their arrival, the individual can simply be dropped off and cease all contact with the smuggler.

In contrast, human trafficking involves deception, coercion or debt bondage with the aim of exploiting people who might be transported from one place to another. Victims do not necessarily cross borders.

Human trafficking and human smuggling often intersect because smuggled migrants often find themselves in situations of exploitation similar to those experienced by victims of trafficking. This may be the case for people who owe their smuggler money for transportation costs and have to work to pay it back. This is abusive, because the sums involved can be exorbitant when these people arrive. That can also be the case for migrant workers who are forced to work in exploitative conditions. In these cases, human trafficking charges could be laid, even if the smuggled migrants consented to the smuggling at the outset. Things can go sideways afterwards.

All of that contributes to the low rate of reporting. That is the problem. As one can imagine, when victims of trafficking realize what is happening, they hesitate to come forward. According to the sponsor of the bill in the Senate, Julie Miville-Dechêne, a 2018 report from Public Safety Canada explains that victims are often reluctant to report their situation, since they tend to believe that the success rate of prosecutions is very low. Prosecutors, for their part, find it difficult to reach the high threshold of evidence required for trafficking cases.

The statistics are startling. In 2019, 89% of human trafficking charges resulted in a stay, withdrawal, dismissal or discharge. Less than one in ten charges resulted in a guilty verdict. That is why we are examining this issue today.

According to a study by the University of British Columbia's Allard School of Law, there are approximately 4.8 million victims of sex trafficking alone, and 99% of them are female. Statistics Canada has indicated that, according to police-reported data, 2,977 incidents of human trafficking occurred between 2010 and 2020. During that period, 86% of incidents were reported in census metropolitan areas, compared to 58% of incidents of violence or approximately six out of 10. Over half, or 57%, of incidents involved human trafficking alone, whereas 43% also involved other types of crime, mainly offences related to the sex trade. The vast majority, or 81%, of accused human traffickers were men or boys, who were most commonly between the ages of 18 and 24, at 41%, followed closely by men between the ages of 25 and 34, at 36%.

Human trafficking cases took almost twice as long to resolve as cases involving violent offences in adult criminal courts. That is another problem. The median time it took to resolve a case involving at least one violent offence charge in an adult criminal court was 176 days. In contrast, the median time to resolve a case involving a human trafficking charge was 373 days.

It is still hard to get accurate data about the true extent of trafficking. All the organizations agree that it is a widespread problem that generates proceeds rivalling those of drug and gun trafficking. In 2014, the International Labour Office estimated that illegal profits in the general category of forced labour amounted to $150.2 billion U.S. per year, a figure that is still often cited today because it is so huge.

In closing, I too applaud the new provision proposed by Senator Ataullahjan, not least because it uses the terminology from the Palermo protocol, which means that it focuses on the actions of the trafficker, not the victims' fear. Victims' confidence and dignity must be restored, and they must be able to report what is happening to them. More of these cases need to be reported.

Criminal Code

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, before I begin my speech, I want to commend the hon. parliamentary secretary for giving so much of his speech in French. That takes effort and the results speak for themselves. I want to congratulate him on that.

This bill “amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.” As my hon. colleague from Saint-Jean said a few sitting days ago, the Bloc Québécois supports the principle of this bill.

It is imperative that we discuss all of the tools that could help authorities combat this scourge, which is getting worse with population movement and the growing number of refugees. This bill also responds to the demands of several human trafficking survivors' groups and would make the definitions of exploitation and human trafficking more consistent with those set out in the Palermo protocol, which Canada signed at the beginning of the millennium.

The bill is very simple but very important. It removes a phrase from the Criminal Code so that an accusation under these provisions must be based on the fact that the victim believes that a refusal on their part would threaten their safety or the safety of someone known to them.

According to the International Justice and Human Rights Clinic at the faculty of law at the University of British Columbia, asking victims to demonstrate that they have reasonable grounds to fear for their safety may be an obstacle to obtaining convictions for human trafficking.

Elements of the offence of human trafficking are more difficult to prove than those of other similar offences. For example, the Immigration and Refugee Protection Act, which prohibits human trafficking, does not require the person involved to prove that they fear for their safety. This standard is no longer appropriate.

Let us look at the chronology of legislation against human trafficking. In 2002, Canada ratified the Palermo protocol, a “protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime”.

Article 3 clearly defines trafficking in persons as follows:

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs . . . .

That is the definition.

That is how human trafficking came to be added to the Criminal Code in 2005. The Canadian definition, however, is different from the Palermo Protocol definition in that the issue of consent or the victim's sense of safety is taken into consideration. Thus, the victim must prove that they were in danger if they refused to be exploited.

In human trafficking cases, regardless of whether the victims were initially willing or felt safe, victims should never have to justify the circumstances under which they were lured into the situation in order to prove they were trafficked. Human trafficking is not limited to sexual exploitation, as we have already heard. Traffickers exploit their victims in many ways, including for forced labour. It is important to remember, for example, that even if victims did consent to come to Canada, they did not consent to the forced labour or sexual exploitation to which they may have been subjected afterwards, especially if they end up being dependent on someone because of isolation, lack of resources or language barriers.

Section 118 of the Immigration and Refugee Protection Act, passed in 2002, makes it a criminal offence to “organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion”. Although human trafficking and human smuggling are two different concepts, the act also prohibits human smuggling into Canada.

In 2005, Bill C-49 added three offences related to human trafficking to the Criminal Code, as well as a definition. The offences include trafficking in persons; receiving a financial or other material benefit from the commission or facilitation of trafficking in persons; withholding or destroying a person's identity documents, such as a passport, whether authentic or not, for the purpose of committing or facilitating trafficking in persons; and exploiting another person in the context of trafficking in persons offences.

In 2008-09, the first case involving a charge of human trafficking under the new law was ruled on in adult criminal court.

In fall 2008, a 20-year-old woman went to Peel Regional Police to report that a 22-year-old Ontario man named Vytautas Vilutis was using intimidation and threats to sexually exploit her. She said that she made $10,000 for him in just a few weeks through online Craigslist classified ads. She added that he took her phone calls, set up her “dates” and kept track of her appointments, so he knew how much money she owed him each morning. It was not until he threatened her for not leaving all the cash out for him one morning that she reported him to police. Vytautas Vilutis pleaded guilty in April 2009 to charges of human trafficking and receiving a material benefit from human trafficking.

He was convicted under both provisions and was the first person in Canada to be convicted for benefiting from human trafficking. In 2010, another section was added to the Criminal Code, setting out a mandatory minimum sentence for persons charged with trafficking of persons under 18. That was Bill C‑268.

In 2012, the Criminal Code was amended to allow the prosecution of Canadians and permanent residents for the offence of trafficking in persons committed outside Canada, and added factors that judges may consider when determining whether exploitation occurred. That was Bill C‑310.

In 2015, mandatory minimum sentences were imposed for the main trafficking in persons offence, receiving a material benefit from the proceeds of child trafficking, and withholding or destroying documents to facilitate child trafficking. Bill C‑452 was put forward by my political party.

In 2019, the Hon. Ralph Goodale, Minister of Public Safety and Emergency Preparedness, released the national strategy to combat human trafficking 2019‑24. With $75 million in funding over 6 years, this strategy followed the Palermo protocol. The national strategy to combat human trafficking 2019‑24 was adapted from the previous five-year plan.

It was adapted due to some deficiencies identified during policy assessment, namely that most of the resources were being allocated to the fight against sexual exploitation whereas forced labour is a growing issue. This is nothing new, but it is being increasingly recognized and discussed.

Bill S-224 is part of a long legislative quest to combat human trafficking, which is extremely important. In closing, I would like to paraphrase author Ralph Champavert and say that the stigma of human trafficking will disappear when the sun of human dignity rises in all hearts.

Human Trafficking

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, this week again I am presenting a petition calling on the Prime Minister to sign the order to bring into force Bill C-452 to crack down on pimps. Last week, I presented e-petitions. Today, I am presenting a paper petition signed by 649 petitioners. How many young girls have suffered from this government's complacency on this file? Again, we are calling on the Prime Minister to pick up his pen and sign the order. That is four times now that we have asked for that.

Justice

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

Mr. Speaker, since this government took office in 2015, it has been dragging its feet and refusing to crack down on pimps. Bill C-452, which would require pimps to serve consecutive prison sentences for their crimes, received royal assent three years ago. Prevention and intervention are not enough. Punitive measures and deterrents are needed to protect our young people, but no, it seems this government would rather protect their abusers.

After three years of dilly-dallying, will the Prime Minister finally decide to sign the order to bring Bill C-452 into force?

Criminal Code

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

Mr. Speaker, I am not sure what point my colleague is trying to make. However, he talked about the legislative agenda to some degree, and one of the things I can talk about in that regard is that a former colleague of his, the NDP member Maria Mourani, introduced a bill over five years ago. That bill was passed in a previous Parliament and was to come into force. The Liberals said they were going to bring it into force. That was five years ago. It is finally being addressed in this particular bill. While most of the tools in her bill, Bill C-452, are coming in, the Liberals have removed consecutive sentencing from the bill. While to some degree that proves that the human trafficking angle is definitely a non-partisan thing, it is also very frustrating that the Liberals cannot get on board with it.

Report Stage

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I rise today to express my support for Bill C-75. I would like to use my time today to discuss the proposed changes to this bill that would affect the LGBTQ2 community, human trafficking and the victim surcharge.

As special adviser to the Prime Minister on LGBTQ2 issues, I am particularly proud of the work of our government in advancing the rights of LBGTQ2 Canadians and the work of the Standing Committee on Justice and Human Rights in making concrete, tangible legislative changes that would improve the lives of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians.

Today, on the the International Transgender Day of Remembrance, when we pause to reflect on the lives of transgender people here in Canada and around the world that have been lost to murder, suicide, hatred and discrimination; the lives diminished due to overt transphobia and misogyny; and the daily discrimination faced by trans children, siblings, parents and their loved ones, I am proud, as the first openly gay MP elected from Alberta to the House, that Parliament passed Bill C-16 to protect trans persons in the Criminal Code and the Canadian Human Rights Act. I am particularly proud that our government led this charge.

I am also proud of the work of our government in passing legislation to enable Canadians who have criminal records for same-sex consensual activity to have these records expunged, and I acknowledge the leadership of the Minister of Public Safety and Emergency Preparedness on this file.

I would also like to thank the Minister of Justice and Attorney General of Canada for including in Bill C-75 the removal of section 159, which discriminates against young gay or bisexual men. That would now be removed from the Criminal Code with the passing of Bill C-75.

I also applaud the work of the committee and the ministry in responding to expert testimony for the repeal of the bawdy house and vagrancy provisions that were used by police forces to arrest gay men who frequented gay clubs and bathhouses. Men arrested in these police raids, many now in their 60s, 70s and 80s, still face criminal records as a result of these charges. We heard the testimony, and the committee and the ministry responded. Should Bill C-75 pass, these odious provisions in the Criminal Code would be removed and amends could thus be made.

Parts of the bill pertain to human trafficking and the victim surcharge.

I think it is very important to clearly state that human trafficking cannot be tolerated and that our government sees it as a very serious concern. That is why we continue to work closely with the provinces, territories, law enforcement agencies, victim services groups, organizations representing indigenous peoples, and other community groups, as well as our international partners. We are working together to combat all forms of human trafficking in Canada and abroad, to provide victims with special protection and support, to bring the perpetrators of these crimes to justice and to ensure that their punishment reflects the severity of the crime.

Human trafficking is a very difficult crime to detect because of its clandestine nature and victims' reluctance to report their situations out of fear of their traffickers. We heard testimony about that when the Standing Committee on Justice and Human Rights travelled across the country to listen to victims of human trafficking and to see how we could change the Criminal Code to provide more opportunities for police to work with those organizations that work with victims.

The legislative changes within Bill C-75 would provide police and prosecutors with additional tools for investigation and prosecution. These measures would bring the perpetrators of human trafficking to justice so they can answer for the severity of their actions.

The amendments proposed in Bill C-38 would bring into force amendments that have already been passed by Parliament, but were not promulgated in the former parliamentary initiative, Bill C-452. They would also strengthen the legislation to combat all forms of human trafficking, whether through sexual exploitation or forced labour, while respecting the rights and freedoms guaranteed in our Constitution.

We heard of heinous crimes being committed not just against those who are unknown to the perpetrators, but also against family members. Family trafficking exists in this country, and we must make sure that police forces are armed with the tools they need to be able to put an end to such heinous crimes.

More specifically, the proposed changes will make it easier to prosecute human trafficking offences by introducing a presumption that will enable the Crown to prove that the accused exercised control, direction or influence over the victim's movements by establishing that the accused lived with or was habitually in the company of the victim.

In addition, these changes would add human trafficking to the list of offences to which the provisions imposing a reverse onus for forfeiture of proceeds of crime apply.

I would now like to discuss the changes that would affect the victim surcharge. Bill C-75 proposes to restore judicial discretion to waive the victim surcharge by guiding judges to waive the victim surcharge only when the offender is truly unable to pay. For certain offences against the administration of justice, where the total amount would be disproportionate in certain circumstances, the bill would also provide for limited judicial discretion to not impose a federal victim surcharge amount per offence.

The federal victim surcharge, which is set out in the Criminal Code, is imposed on a sentencing basis, and revenue is collected and used by the province or territory where the criminal act was committed to assist in the sentencing process for funding victims services. Bill C-75 would maintain that the federal victim surcharge must be imposed ex officio and must apply cumulatively to each offence. However, to address concerns about the negative impact of current federal victim surcharge provisions on marginalized offenders, the bill would provide limited judicial discretion regarding the mandatory and cumulative imposition of the surcharge in certain circumstances.

Bill C-75 would provide clear direction as to what would constitute undue hardship. These guidelines would ensure that the mandatory exemption, or waiver, would be applied consistently and only to offenders who were truly unable to pay the surcharge. In addition, the bill would state that undue hardship would refer to the financial ability to pay and was not simply caused by harm associated with incarceration. We are trying to avoid the criminalization and over-criminalization of people simply because of their inability to pay a federal victim surcharge.

For certain offences against the justice administration, in the event that the cumulative surcharge was disproportionate to the circumstances, Bill C-75 would contain provisions allowing an exception to the victim fine surcharge ratio. This exception would apply to two types of offences against the administration of justice: failure to appear in court; and breach of conditions of bail by a peace officer or court order, and only when said breach did not cause any moral, bodily or financial damage to the victim.

Studies show that marginalized offenders, especially indigenous offenders and offenders with mental health and addiction issues, are more likely to be found guilty of offences against the administration of justice.

Under the existing victim surcharge provisions, it is unlikely that much of the money collected in the federal victim surcharges that are paid out to the provinces and territories comes from groups of offenders who are unable to pay the victim surcharge or who are only able to pay part of the surcharge because of their personal situation or because of their multiple offences against the administration of justice.

In addition, offenders who suffer undue hardship as a result of the mandatory victim surcharge are, by the current application of the provisions, hampered in their ability to regain financial stability. This places them in a situation where the surcharge does not allow them to successfully reintegrate into society after serving their sentences or paying their outstanding fines, and they risk reoffending. These types of situations do not help survivors or victims of crime or the provision of services to help them. This proposed exception would be consistent with the principles of fairness and equity.

I am confident that by maintaining a higher mandatory surcharge, this proposed legislation would support the objective of the victim surcharge to provide a source of funding for provincial and territorial victim services while strengthening offender accountability regarding victims and society in general. At the same time, the bill would be in keeping with the principles of proportionality, fairness and respect for the Canadian Charter of Rights and Freedoms.

Not having gone through law school, I can say that it is an honour to serve on this committee and to be part of making Bill C-75 appear in the House today.

Human Trafficking

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, I have the honour to table petition e-1673 on behalf of the Association féminine d'éducation et d'action sociale, better known as Afeas. The petition was signed by 639 people, and more signatures will soon be arriving on paper. This petition calls on the government to sign the order to bring into force Bill C-452, which seeks to combat human trafficking and sexual exploitation.

We are losing precious time. The bill was passed unanimously and has already received royal assent. Other petitions on this subject have been circulated over the past three and a half years, and the Quebec National Assembly passed a unanimous motion in this regard.

How long will it take and how many young girls will have to become victims before the Prime Minister signs the petition?

The purpose of the petition is to get the government to sign the order to protect teenage girls from criminal prostitution rings.

Corrections and Conditional Release Act

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

Mr. Speaker, I rise in the House today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

I do so because I have a duty to give a voice to the victims of crime and their loved ones here in the House because, ever since the Liberals came to power in 2015, the voice of the people has been growing weaker and weaker and their rights are being increasingly trampled.

The Canadian justice system is not perfect. A lot of work remains to be done to make it better, fair and equitable, and to ensure that it upholds the rights of victims of crime and their families. There is still a lot of work to do to make victims' rights equivalent to the rights of criminals.

Fortunately, the previous Conservative government took an honest look at the imbalances that persisted for many long years.

The excellent work done by former prime minister Stephen Harper for the advancement and respect of the rights of victims of crime resulted in the creation of the position of federal ombudsman for victims of crime, an end to prisoners serving only one-sixth of their sentence, the drafting of Bill C-452 to support victims of procuring, minimum penalties for certain sexual offences, a financial compensation program for parents whose children are missing or killed as a result of a criminal offence, a review of the faint hope clause bill and, finally, the victim surcharge bill.

Since 2015, the government across the aisle has not passed a single piece of legislation to support victims. Worse still, it has not introduced a single bill to improve the lives of victims of crime.

On top of that, even though the House unanimously voted in favour of Bill C-452 in June 2015, the government has backtracked and still refuses to sign the order in council to implement the act, which would protect young girls from sexual exploitation. It claims that the bill is too harsh on pimps.

The Liberals also want to eliminate the mandatory minimums in some acts. Further evidence that the Liberals would much rather support criminals than victims is that they took nearly a year to appoint a new federal ombudsman for victims of crime, but the new federal ombudsman for offenders was appointed in less than a month. Furthermore, they voted against my private member's bill, Bill C-343, which would have made the position of ombudsman for victims of crime the same level of authority as the corrections one.

Now, with Bill C-83, the government continues on its path, seeking to punish criminals as little as possible, even the most dangerous, aggressive criminals who pose serious risks to the safety of other offenders and corrections officers. The government wants to stop placing inmates in segregation, commonly known as the hole.

I must say that, these days, being sent to the hole is not the same thing as before. I come from a family that worked in the prison system for a long time, so I know what I am talking about. My father was a prison warden and my mother was a prison guard.

The Minister of Public Safety wants to replace the administrative segregation cells reserved for the most dangerous and problematic offenders with structured intervention units, which would separate these offenders from the rest of the prison population, when necessary, but continue to give them access to rehabilitation programs, interventions and mental health care.

We all agree that mental health issues must be treated. However, we also all agree that, when inmates are in solitary confinement, it is because they are endangering the lives of others. Because of that, I will have to vote against this bill. For me, victims of crime come well before criminals themselves.

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?

[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?

[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—

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?

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.

Criminal Code

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

Mr. Speaker, I would very much like to again thank the member for Ahuntsic for Bill C-452. It is a very important bill. We have talked tonight about the importance of the bill, including the consecutive sentencing and the things in the bill that would enhance the Criminal Code here in our country. That is very important. Our government, on this side of the House, is supporting this bill.

I would like to comment on some of the other comments that have been put forth in this House.

Just a week ago I led the Canadian delegation against human trafficking to Ukraine, which was hosting a meeting on human trafficking, where 52 countries attended. As I was sitting there, each country's representatives were talking about what happens to the victims of human trafficking who are pushed into brothels. The member for Ahuntsic spoke very eloquently about what happened to the girls, young women and young men who are forced into those brothels. For one moment, parliamentarians and people from non-governmental organizations from all across the nations were sitting together and talking about what we all know.

Up on the screen came the gateways and routes that the human traffickers use with their victims. They were all over the map. In Canada the traffickers use certain routes where they send their victims, who go through their own private hell.

What a lot of people do not know is that the traffickers target young people under 18 years of age. Why? It is because they are easy to manipulate and scare and control, and they are afraid and ashamed. As soon as they have serviced one man, they are afraid and ashamed, and the predators use that so that they can manipulate and coerce the girls.

A victim brings in between $250,000 and $260,000 per year to the predator. That is really a lot of money. If they have one victim it is one thing, but many of the predators have a lot of victims whom they traffic across this country.

For one moment in this Parliament tonight, I would like members to imagine their own daughter or grandchild and how they relate to them, or how members of the community listening to this telecast tonight relate to their whole families. These are children who watched Sesame Street as young children. These are children who give hugs when they go to bed at night. Then they become beautiful young girls and beautiful young boys, and that is when they are targeted.

I want all parliamentarians to know how predators work. The predators approach their victims in a very friendly manner and get their trust. Their objective is to get the victims' trust so that they can start influencing them. Sometimes it is young men or women who give the kids anything they want. It can be friendship. It can be parties. It can sometimes be drugs. It can be a lot of things, but the objective is to get them away from their support systems. Those support systems can be schools, families, friends or sports teams. They want to get them away and separate them from their support systems. Once they get them away, they persuade them to give them their identification, which can be drivers licences, charge cards or other things.

If parliamentarians think it cannot happen to the girl next door or to their own families, they would be mistaken. Hundreds of young girls have shared with me the terrible experience they have gone through, and to this day they have not told their parents.

It marks the victims forever. A lot of these girls never really get over it, but they do grow and become rehabilitated to a degree, and they do a lot to help others who are in the same predicament.

Therefore, when we talk about Bill C-452 tonight, let us put a face to the real people it would affect, the real people who have to live with it day to day, the real people who tonight are suffering not 10 minutes from Parliament Hill. We know of the very well-known case here in Ottawa with Mrs. Emerson, and there are other cases in Ottawa. The victims were manipulated. As parliamentarians, we have the wherewithal to take up the torch and stop this horrendous crime.

In Ukraine, 52 countries said they had the ability to stop human trafficking and they would do it.

As I was sitting in Kiev, Ukraine, there came an email from Calgary, Alberta. The email indicated that Staff Sergeant Rutledge and the Calgary police had taken down a trafficking ring and rescued some kids. I stopped the meeting and I read the email to the people in attendance. There was not a dry eye in the place. These high-profile, high-level conference people knew what this was all about. I told them that was the reason we were in Kiev that day, and I say to members tonight that it is the reason we are here in Parliament tonight working together as parliamentarians to stop this horrendous crime.

[Lise St-Denis, Liberal, Saint-Maurice—Champlain, QC]

Mr. Speaker, the introduction of the human trafficking bill, which the Liberal Party supports, calls the attention of the House to the darkest aspects of the human soul. All over the world, women, children and men are deprived of their freedom and dignity. Examples of mistreatment and abuse abound in many countries, on every continent.

It is almost impossible to restrict human trafficking within a country, a city or a community. Children are forced to become soldiers in regional conflicts. Women are sexually exploited in the western world. Men toil in farming operations in the new world and the old. We powerlessly witness the proliferation of the most diverse forms of exploitation.

In earlier centuries, the slave trade was the bedrock of colonial settlement. From Santo Domingo to Haiti to Senegal to the Andean countries to the confines of Asia, this form of human exploitation prospered everywhere. We wrongly believed that eliminating the major slave trade networks from the colonial period had for all practical purposes disappeared.

However, the world today still appears to be heavily imbued with the stench of neocolonialism, in which servitude plays a fundamental role in the underpinnings of our economies.

Nowadays, efforts are being made to identify the contours of these new exploitation networks that have become an essential component of our production, distribution and consumption systems.

Children toiling on machines to produce consumer goods can be counted in the thousands. Countless women sell their bodies working for pimps. Thousands of exploited men work on tenant farms and unsanitary farms until they reach exhaustion.

All these products and services can be used to bind, exploit, abuse and discriminate. All these girls and women are raped and held against their will because of power relationships and the absence of justice.

A new bill has been added to the order paper to take away some of the latitude available to exploiters and abusers. Bill C-452 asks a fundamental question about trafficking in persons: what can be done to curb a growing phenomenon that has been taking the most unexpected forms?

By becoming more interdependent, the world can work to further advance the principles that underpin democratic regimes on the one hand, while on the other hand, it allows the proliferation of criminal systems for exploiting people. Canada's role in protecting people has been made increasingly complex as a result of the new human mobility provided by modern modes of transportation.

How can children be protected from compulsory service in armed conflicts? To be sure, concerted action has been taken by the nations of the world, at the instigation of exemplary people like General Roméo Dallaire who urge us to draw up international conventions and treaties.

Something must also be done to address the exploitation of stateless people who should have real access to international labour organizations.

Sexually exploited women should not simply be sent back, beyond our borders, but rather given our protection and the protection of other nations of the free world.

However, while Canada's ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime is a step in the right direction, it must be based on criminal penalties designed to restrict the latitude of all kinds of abusers and exploiters.

This bill and its aims are certainly compelling.

We are attentive to the needs of the victims of this system of exploitation, and we believe that the elected members of this House are all aware of the social havoc wrought by human trafficking.

In another age, abolitionist legislation could have a definite effect. The centuries-long slavery of the colonialists of the past no longer exists, but has transformed itself into a modern form that is insidious and far-reaching.

We are wholeheartedly behind this bill and its goal of eliminating trafficking in children, women and men. We support this battle for freedom and dignity. However, given the scale of the phenomenon and its highly sinister ramifications, we are bound to note the limitations of our judicial intervention.

Mankind now has the financial and technical resources to eliminate human trafficking, but does it have the necessary awareness and empathy to do so?

The debate generated here by these amendments to the Criminal Code necessarily goes beyond the boundaries of parliamentary life. This is a step in the right direction. However, are the provisions for consecutive sentences contained in this bill, and the presumption of guilt established by living with an exploited person contrary to the principle this bill seeks to defend?

In Canada, in recent years, we have unfortunately seen significant restrictions placed on judicial discretion with respect to sentencing under the Criminal Code.

How can we reconcile the elimination of human trafficking systems with respect for the fundamental rights entrenched in the Canadian charter? How can we reconcile the new criminal restrictions on present-day servitude and slavery with the Universal Declaration of Human Rights?

We face a tremendous challenge: that of aligning our domestic legislation with the great humanist principles that guide our society. We can only be inspired by our colleague’s initiative, as she searches with us for a solution to this scourge. We believe that the elimination of these practices demands further political action along the lines of what we find in the form of this bill.

Federal policy in this area is unequivocal with respect to the educational effort required here and abroad in order to change these appalling behaviours. An inventory of the various types of human trafficking in Canada is contained in a report published in 2010 that leaves no doubt about the dimensions of modern slavery and the forms it takes.

We can only embrace this 21st-century challenge of restoring to millions of individuals a place and the resources to live their lives in dignity and respect. We must therefore be vigilant in everything we do that has an impact on the victims of human trafficking. Our refugee protection policies, our foreign policy, our financial investments and our criminal justice system are all things that can definitely contribute to the elimination of human trafficking.

I repeat: the Liberal Party will support this bill.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I have the honour to rise today to talk about Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

I would first like to congratulate the member for Ahuntsic on the work she has done. I know that she has worked extremely hard on this bill, which she tabled in Parliament so that we could debate and discuss it. She may rest assured that the NDP will support it.

Such a bill naturally generates a great deal of emotion. I had the good fortune, as deputy justice critic, to sit on the Standing Committee on Justice and Human Rights. Some of the evidence was so touching that it left us shaking. It made us realize certain things. The victims who came to testify have all my admiration. I would like once again to salute the courage they showed in coming to share their experiences in order to give us a better understanding of what is happening on that front.

We also heard from numerous experts, people working in community organizations and people in law enforcement. Those working in the field emphasized the importance of this bill. They felt it was something that could really attack the problem of human trafficking, a problem that exists in Canada. We all agree that it is a heinous crime and that we must amend the Criminal Code in order to deal with it. This is one more step in that direction.

Witnesses talked about the lack of resources. It is all very well to have a bill, but you have to have the necessary resources on the ground. In that respect, we shall continue to pressure the government. This will not be just a bill and some words. We must have the means to attack the problem.

I am going to talk quickly about what this bill offers, since we are at third reading, and we have already supported it.

Bill C-452 would amend the Criminal Code in order to provide consecutive sentences for offences related to trafficking in persons. It would create a presumption regarding the exploitation of one person by another. It would also add circumstances that would be deemed to constitute exploitation. It would add the offence of trafficking in persons to the list of offences to which the forfeiture of proceeds of crime would apply.

Witnesses stressed the importance of the changes made in the Criminal Code. It was just as important to create a presumption and attack the problem of financial resources. The topic of consecutive sentences is always somewhat controversial, but it is something we can nevertheless support because we are talking about very serious crimes.

What is human trafficking, in broader terms? This is the RCMP's definition:

Human trafficking involves the recruitment, transportation or harbouring of persons for the purpose of exploitation (typically in the sex industry or for forced labour). Traffickers use various methods to maintain control over their victims, including force, sexual assault, threats of violence and physical or emotional abuse.

I raised this question with the bill’s sponsor. It is important to address sexual exploitation, but forced labour is also a very serious factor. While it may be more serious abroad, the problem does exist in Canada.

In committee, therefore, it was important for me to emphasize that the problem exists here. Fortunately, this bill covers trafficking in people who do forced labour. In some cases, this involves domestic work. In committee, the testimony of the victims was very touching. It was highly emotional. It was obvious that many people were affected.

When listening to anyone who has been a kidnapping victim speak about their experience, no one can remain unmoved by their story. Once again, I wish to say how much I admire the victims who are willing to talk about it. It is important to do so, to look for help and to discuss the problem so that we can be aware of the severity of the problem and the need to take action. Everyone, including ordinary people and law enforcement agencies, needs to know that parliamentarians are there to support and listen to them.

As for human trafficking, the RCMP estimates that some 600 women and children enter Canada each year through trafficking for sexual exploitation and that this figure increases to 800 when those who enter illegally for other forms of forced labour are included. Once again, I wish to point out that there are two aspects to human trafficking.

Most of the time, the victims are, of course, exploited women. What is even worse in my view is the fact that many of them are aboriginal women. There is a real problem here. The government has been mightily criticized because of the shortage of resources for aboriginal communities. This is yet another sign that there are problems. We would therefore like the government to work harder and to provide the resources needed to address this scourge.

Needless to say, it is essential to work together with the first nations, Inuit and Metis to attack the problem proactively and combat human trafficking. Unfortunately, when funding for these communities is cut, things only become worse.

As I was saying, we tend to think that human trafficking only affects foreign countries and that it cannot possibly exist in a country as developed as Canada, yet it does. In my riding of Brossard—La Prairie I met people from the bar association in Longueil who explained to me clearly that in some areas, like the DIX30 complex, the problem—this scourge—existed. This demonstrates just how real it is. That is why I am proud to support this bill so that the problem can be addressed.

The reason I mentioned my own riding is that we all, as parliamentarians, need to realize that we are surrounded by these problems. We need to open our eyes and talk about them. That is why I take a great deal of pride today in speaking about these issues and being willing to address them.

I briefly mentioned resources. Providing resources is very important. We need a plan that will mobilize the police and that will also provide them with the resources they need to truly attack this problem. I said that the bill was a step in the right direction, but the people who work in the field need resources.

Unfortunately, it is important to look at what is actually happening. Once again, I will take an example from my riding. I learned that there was an Eclipse squad, a team of 10 to 15 police officers from several municipalities working specifically to combat street gangs, and all of this exploitation and human trafficking. Surprisingly, however, the federal government eliminated funding for the project. This was on April 1, 2013. What they told me in the field was that these people had to return to their offices. They had to walk away from all the expertise they had built up. They now need to work on their own on certain cases without the benefit of all the expertise that had been available.

It is all very well to have a bill that is moving in this direction, but resources are also needed. The government is clearly not headed in the right direction. It is hypocritical for the government to claim it is fighting and introducing bills when there is no evidence of funding to do the work. I gave the example of a group that was working in my riding. I find it deplorable.

I would like to conclude by saying that human trafficking is an important matter.

We in the NDP do not believe that this is a partisan issue. That is why we are proud to support the bill to tackle this scourge.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to rise in support of private member's Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons). I would like to thank the member for Ahuntsic for introducing this important piece of legislation.

The purpose of Bill C-452 is essentially to step up the criminal justice system's response to human trafficking, one of the most odious violations of fundamental rights and freedoms.

It is generally acknowledged that trafficking in persons occurs in three stages: the recruitment, transportation and accommodation of a person for a specific purpose; exploitation, usually sexual exploitation; and forced labour. The existence of one of these factors is enough for a person's conduct to constitute the crime of trafficking in persons. A person who recruits a victim for the purpose of exploiting that person is engaged in human trafficking to the same degree as someone who transports or houses a victim for that purpose.

Traffickers force victims to work or provide services in circumstances in which they believe that any refusal on their part would threaten their safety or that of a person they know. The expression “labour or a service” includes, for example, all types of sexual services, domestic services, agricultural work and factory work.

Victims suffer physical, sexual and psychological violence and face threats of violence against family members, including violence or threats of physical violence that may be carried out.

A crime this serious requires that more rigorous measures be taken in criminal law. My colleague, the member for Kildonan—St. Paul, has introduced two bills to combat these reprehensible crimes. We must all stand up and help the victims of human trafficking.

I see that the Standing Committee on Justice and Human Rights made amendments to this bill. I believe my colleague who introduced the bill is of the view that those amendments contribute to the bill's main objectives, particularly those of making offenders accountable for their acts, providing for penalties that reflect the seriousness of the crime and ensuring that offenders do not reap the benefits of their unlawful acts.

Before commenting on the specific proposals contained in the bill and explaining why I believe they deserve to be supported, I would like to put them in context. This bill would make it possible to expand the exhaustive framework of statutory provisions against trafficking in persons.

In 2005, three specific human trafficking offences were added to the Criminal Code. In 2010, a new offence of trafficking in children was adopted when Bill C-268 sponsored by the member for Kildonan—St. Paul was enacted. An offender convicted of that offence is liable to mandatory minimum penalties when trafficking victims are under 18 years of age.

In 2012, another bill sponsored by the member for Kildonan—St. Paul granted extraterritorial jurisdiction over all Criminal Code trafficking offences and created a tool to assist the courts in interpreting the human trafficking provisions.

In addition, section 118 of the Immigration and Refugee Protection Act prohibits transnational trafficking in persons, and many acts related to trafficking in persons, such as forcible confinement, kidnapping, sexual assault and uttering threats, to cite only a few examples, are offences under the Criminal Code.

However, it is possible to do more. Bill C-452 provides, first of all, for the creation of an evidentiary presumption that would help prosecutors establish that trafficking in persons has been committed. We know that victims are vulnerable and that they fear their traffickers. That means that they may well be reluctant to testify, and we understand that.

The presumption would allow prosecutors to establish the commission of the offence of trafficking in persons by submitting evidence that an accused lives with or is habitually in the company of a person who is exploited.

The Standing Committee on Justice and Human Rights amended this proposal to make it compatible with other similar presumptions currently set out in the Criminal Code, particularly subsection 212(3), which establishes a presumption for the purposes of procuring provisions, namely paragraph 212(1)(j), and subsections 212(2) and 212(2.1).

Prosecutors also find it difficult to establish that the offence was committed because victims in these situations are often too afraid of their pimps to testify against them.

In 1992, the Supreme Court of Canada upheld the constitutional validity of this presumption in R. v. Downey. The final submissions of the majority are significant and directly relevant to trafficking in persons:

Prostitutes are a particularly vulnerable segment of society. The cruel abuse they suffer inflicted by their parasitic pimps has been well documented. The impugned section is aimed not only at remedying a social problem but also at providing some measure of protection for the prostitute by eliminating the necessity of testifying.

Surely the same considerations apply to the victims of human trafficking.

Bill C-452 also provides that a sentence handed down for an offence involving trafficking in persons shall be served consecutively to any other punishment imposed on the person for another offence arising out of the same event or series of events. Establishing mandatory consecutive sentencing sends a clear message: committing an offence leads to a long prison term. Is this not a message we want to send to the perpetrators of human trafficking offences? There are few crimes that deserve such lengthy sentences. I applaud this proposal.

Bill C-452 would also require an offender to prove that his property does not constitute proceeds of crime for the purposes of the Criminal Code forfeiture provisions. Trafficking in persons necessarily involves profiting from the suffering of others. In fact, global revenues generated by this crime are estimated at some $10 U.S. billion a year. That is unacceptable.

Trafficking in persons is thus one of the three most lucrative organized crime activities. We must ensure that traffickers are not allowed to keep their ill-gotten gains. It is essential that we strip them of the monetary benefits they derive from the exploitation of others so that the public can trust in the justice system's ability to hold offenders accountable for their actions and to bring them to justice. Justice is not served if an offender is allowed to profit from the suffering he inflicts on others.

The provisions of Bill C-452 contribute to the existing legislative framework to fight this crime, supplemented by a multi-pronged response to a complex problem.

I am particularly pleased to note that, on June 6, 2012, the government introduced the national action plan to combat human trafficking, which acknowledges that an exhaustive approach must be taken to consolidate efforts to fight this crime by emphasizing the four Ps: the protection of victims, the prosecution of offenders, partnerships with key stakeholders and, of course, the prevention of trafficking in persons.

All activities are coordinated by the working group on trafficking in persons, which is managed by Public Safety Canada. This shows that Canada is currently taking a strong approach to human trafficking. However, that does not mean that we cannot do more. We must be vigilant and do everything in our power to ensure that our approach is as rigorous as possible, which inevitably presupposes ongoing analysis to determine what else we can do.

Bill C-452 is precisely an example of what else we can do. We can support Bill C-452, which would assist in securing convictions, guaranteeing penalties that are proportionate to the severity of the crime and depriving offenders of their ill-gotten gains.

I believe that all members of the House should join me in supporting this bill.

[Maria Mourani, Bloc, Ahuntsic, QC]

moved that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the third time and passed.

Mr. Speaker, I must say that it is a great victory that Bill C-452, a private member's bill, has made it as far as third reading. It is not my victory, but that of many groups. I feel it is important to name them because they are the ones who worked hard to develop this bill and who supported it throughout the process.

They are: the Council on the Status of Women, police experts from the SPVM morality branch and child sexual exploitation unit, the Comité d'action contre la traite humaine interne et internationale, the Association féminine d'éducation et d'action sociale, the Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel, Concertation-Femme, Concertation des luttes contre l'exploitation sexuelle, the Association québécoise Plaidoyer-Victimes, the Collectif de l'Outaouais contre l'exploitation sexuelle, the diocèse de l'Outaouais, Maison de Marthe and the YMCAs of Quebec.

Many groups participated in the development of this bill. I thank them very much and I commend them for all the work that they did. These groups also appeared before the Standing Committee on Justice and Human Rights to explain the importance of this bill and, in particular, the results it will achieve on the ground.

I would like to quickly mention the things that came up in committee that I found a bit surprising, since a significant number of amendments were made to the bill. First, no major changes were made to the provisions related to human trafficking, whether with regard to presumption or the reversal of the burden of proof, consecutive sentences for offences related to trafficking in persons, or the forfeiture of the proceeds of crime for people who are charged with human trafficking. These provisions did not really change, and that is a good thing.

The provision regarding the definition of sexual exploitation was changed. A government amendment removed this provision on the basis that it could make the definition hard to understand. These were not major changes. The principles underlying the provisions on human trafficking stayed the same. I am very pleased about that.

By the way, the NDP did not propose any amendments. The Liberals proposed amendments that were rejected and that I did not support either, and the majority of the amendments proposed by the Conservatives were kept since the Conservatives have the majority. Nonetheless, some of the amendments they proposed were supported by the NDP and the Liberals.

One of the government's amendments leaves me extremely perplexed. It is the amendment that replaced our wish to have the bill come into force 30 days after royal assent. The government's amendment would have the bill come into force on a day to be fixed by order of the Governor in Council. It seems that the government wants to control the implementation of the bill.

If the bill receives royal assent, I hope that it will come into force very quickly because, as all the witnesses said, this is an urgent matter. It is essential that the police, prosecutors and victims advocacy groups have the necessary tools to combat human trafficking.

As far as the provisions on procuring are concerned, I was very shocked. I did not at all expect the government to propose amendments to the procuring provisions. On the contrary, I expected the consecutive sentences for pimps, and the forfeiture of the proceeds of crime of pimps, to be provisions that the government would support.

In committee, the government said it wanted to wait for the Supreme Court ruling in the Bedford case.

We know that 80% to 90% of people who are victims of human trafficking are trafficked into prostitution, especially in Canada.

[Maria Mourani, Bloc, Ahuntsic, QC]

moved that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), as amended, be concurred in at report stage.

The House proceeded to the consideration of Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), as reported (with amendments) from the committee.

Human Trafficking and Sexual Exploitation

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am pleased to table two petitions. The first one will go to the Standing Committee on Justice and Human Rights. It is about Bill C-452, which amends the Criminal Code as it relates to human trafficking and exploitation.

According to 2007 figures released by the UN, the annual proceeds from criminal activities involving human trafficking are estimated at $32 billion. That is why many people have signed the petition to support Bill C-452.

Justice and Human Rights

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 24th report of the Standing Committee on Justice and Human Rights in relation to Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

The committee has studied the bill and has decided to report the bill back to the House with amendments.

Trafficking in Persons and Sexual Exploitation

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, the second petition is in support of Bill C-452, which seeks to combat trafficking in persons and sexual exploitation.

Human Trafficking

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I rise to present a petition on behalf of 32 constituents in my riding calling on the government to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I have a petition signed by a large number of people from the Quebec City region, in support of Bill C-452, which is designed to combat human trafficking and sexual exploitation.

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I have with me a certified petition signed by 65 residents from my riding calling on the government to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons) in combatting human trafficking and sexual exploitation.

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, I am very proud to table a petition calling on all members to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), which I introduced recently and which is currently being examined by the Standing Committee on Justice and Human Rights.

More than 100 people signed this petition, which calls for members to support the bill because sexual exploitation and trafficking in persons are serious crimes. The petition urges all members to ensure that this bill is read, amended and studied in committee as quickly as possible, before it returns to the House for third reading.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, the third one is in support of Bill C-452, dealing with human trafficking, which includes crimes committed within Canada and in foreign countries. The petitioners call upon the House of Commons to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Exploitation and Trafficking in Persons

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, today I am tabling a petition signed by men and women of Pierrefonds who want to bring our attention to the fact that trafficking in persons and sexual exploitation are serious crimes that we must fight vigorously. They are asking the House to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Human Trafficking

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I am pleased to table in the House a petition signed by a large number of constituents in Beauport—Limoilou. This petition is in support of Bill C-452, which is designed to combat human trafficking and sexual exploitation.

The House resumed from March 1 consideration of the motion that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the second time and referred to a committee.

Criminal Code

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-452, which seeks to address the issue of human trafficking. I have already spoken several times about different aspects of this issue.

For example, in April, I spoke in favour of Bill C-310 to combat human trafficking in Canada and abroad. Then, in October, I spoke about Bill C-4, which seeks to combat the irregular arrival of refugee groups. At that time, I spoke out against the government's approach, which risks unduly punishing legitimate refugees rather than going after traffickers.

The issue of human trafficking is very broad and takes many forms. It is very important for Parliament to address the various forms of slavery because I firmly believe that the state has a duty to protect the most vulnerable members of society.

I am pleased to support Bill C-452, which amends the Criminal Code in order to provide consecutive sentences for offences related to procuring and trafficking in persons. It also creates a presumption regarding the exploitation of one person by another and adds circumstances that are deemed to constitute exploitation. Finally, it adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

I am pleased to support this bill because, first, instead of punishing victims of human trafficking, it seeks to punish procurers and traffickers. I would like to commend my colleague for introducing this bill because she really took the time to consult the community and get the primary stakeholders in the field involved.

I would like to mention some groups that support the principle of the bill. They are: the Council on the Status of Women, the Comité d'action contre la traite humaine interne et internationale, the Association féminine d'éducation et d'action sociale, the Regroupement des centres d'aide et de lutte contre les agressions à caractère sexuel, Concertation-Femme, Concertation des luttes contre l'exploitation sexuelle, the Association québécoise Plaidoyer-Victimes, the Collectif de l'Outaouais contre l'exploitation sexuelle, the diocèse de l'Outaouais de la condition des femmes and Maison de Marthe. It is important to consult experts and the community stakeholders affected by this issue.

In order to help hon. members grasp the scope of this problem, I would like to quote some excerpts from a recent RCMP report on this issue:

Recent convictions of human trafficking have mostly involved victims who are citizens and/or permanent residents of Canada trafficked for the purpose of sexual exploitation.

Human trafficking for the purpose of sexual exploitation has been mostly associated with organized prostitution occurring discreetly behind fronts, like escort agencies and residential brothels.

...foreign national sex workers who engage illegally in the sex trade are vulnerable to being exploited and trafficked.

Organized crime networks with Eastern European links have been involved in the organized entry of women from former Soviet States into Canada for employment in escort services in the Greater Toronto Area and possibly in massage and escort services in the Montreal area. These groups have demonstrated transnational capabilities and significant associations with convicted human traffickers in the Czech Republic, Germany, Belarus, and Israel.

Some convicted offenders of domestic human trafficking were found to be affiliated to street gangs known to law enforcement for their pimping culture.

[Finally, we note that] [s]ignificant human trafficking indicators were identified in some cases involving foreign national domestic workers who were smuggled into Canada by their employers. These live-in domestic workers were controlled, threatened, underpaid, and forced to work by their employers.

There is no question that the violence associated with this type of trafficking mainly affects women and girls, and therefore children. In 98% of the cases, the victims of sexual exploitation are women.

I want to point out that aboriginal women are overrepresented among victims. As I explained earlier, this is a worldwide phenomenon that represents a lot of money. According to the UN, this crime reportedly brings in $32 billion a year for organized crime groups.

Since we are talking about sexual exploitation, I want to mention the controversial comments made by Tom Flanagan that were reported in the news this week. Tom Flanagan is a former advisor and mentor to the Prime Minister. This week he said that looking at child pornography does not hurt anyone. This libertarian said:

What’s wrong with child pornography—in the sense that it’s just pictures?...I do have some grave doubts about putting people in jail because of their taste in pictures.

Although he later apologized, these uninformed comments are quite shocking coming from someone so educated and with so much influence. It is shameful. For someone to look at child pornography, the child pornography must first be produced, which means that children suffer and become victims of abuse.

As Elizabeth Cannon, the president of the University of Calgary, said, “...child pornography is not a victimless crime. All aspects of this horrific crime involve the exploitation of children.”

I know that the Prime Minister has condemned Tom Flanagan's shameful comments about victims of child pornography, but the Prime Minister has been surrounding himself with some rather unsavoury people, which would lead us to believe that he is the one who is lacking judgment. In addition to Tom Flanagan, who trivialized child sexual exploitation, there is Arthur Porter, the fraudster involved in the McGill University Health Centre scandal who was appointed by the Prime Minister to the Security Intelligence Review Committee. There is also Bruce Carson, a former member of the Prime Minister's inner circle who is now facing charges of influence peddling, and, of course, there is Senator Brazeau, who was appointed to the Senate even though there were many complaints of misconduct against him, and he has now been charged for assaulting a woman, so it does not mean much to me when government members criticize opposition members for being too soft on criminals. They should start by taking a look at their own ranks. But I digress. I will now get back to talking about the content of the bill.

As I said at the beginning, this bill is a step in the right direction. However, we need to address the issue of human trafficking with a far more ambitious plan that mobilizes human, police, electronic and material resources and goes far beyond a simple bill. I would like to see a comprehensive program that addresses the root of the problem, helps victims and supports the work of law enforcement agencies. I would like to see this bill studied in detail in committee, so that we can specifically look at whether it is constitutional to reverse the burden of proof in relation to the presumption regarding the exploitation of a person.

The other problem with this bill is that it provides for consecutive sentences for offences of procuring and human trafficking. That is the key measure in this bill. It may be struck down by the courts. The Supreme Court of Canada often cites the principle of proportionality in sentencing. For example, the bill provides that a pimp who assaults and exploits a woman would receive consecutive sentences. However, even if we pass this measure, the courts may adjust the sentences for each offence in order to comply with the principle of proportionality. The punishment must fit the crime.

Once again, I would like to say that I support the content and principle of the bill, but I would like to hear from experts in committee so that they can provide us with constructive proposals.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I am pleased to rise in the House today to speak about such an important issue, particularly since I am a young woman working in politics. Bill C-452 seeks to amend the Criminal Code in order to provide consecutive sentences for offences related to procuring and trafficking in persons.

Bill C-452 also makes it possible to reverse the burden of proof for this type of offence. The accused would therefore be considered guilty until he proves beyond doubt that he is not exploiting others. Finally, this bill adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

Public Safety Canada accurately describes human trafficking as one of the most heinous crimes imaginable, often described as a modern day form of slavery. It is nothing less than that. The victims, who are mostly women and children, are deprived of their normal lives and compelled to provide their labour or sexual services, through a variety of coercive practices all for the direct profit of their perpetrators. Exploitation often occurs through intimidation, force, sexual assault and threats of violence to themselves or their families.

Human trafficking is a scourge that knows no borders and affects many countries, including Canada. We must not put on our rose-coloured glasses. People need to know that this is happening here, not far from where we live.

According to the Department of Justice, it is difficult to provide accurate estimates on the full extent of trafficking in persons within Canada because victims are reluctant to come forward, and understandably so. Often victims are afraid to testify against a procurer for fear of reprisal.

The RCMP described human trafficking as a growing phenomenon. Statistics are hard to ascertain; however, estimates indicate that between 1,500 and 2,200 people are trafficked from Canada into the United States every year. The Royal Canadian Mounted Police estimates that around 600 women and children are trafficked into Canada each year for the purposes of sexual exploitation, and that this number rises to 800 when broadened to include those trafficked into Canada for other forms of forced labour.

Contrary to popular belief, victims of trafficking in Canada are not just young women from abroad. They are often Canadians. Unfortunately, trafficking of Canadian men within the country is a problem not often covered by studies and statistics about human trafficking, especially trafficking related to the sex trade. People who come to Canada to flee conditions of abject poverty in their own country can end up in a work environment where they are taken advantage of. So, too, can women from all over Canada, many of them young women in crisis and socially or economically disadvantaged women who leave their homes to join the sex trade in major Canadian cities.

There are a number of reasons why a vulnerable woman may be convinced to become a prostitute. We do not have to identify them all here, but no matter the circumstances, trafficking of Canadian men and women is a reality in our country, and it affects the most disadvantaged communities in particular.

For that reason, although Bill C-452 is a step in the right direction, we need a more comprehensive response to the problem of human trafficking. We have to wage this battle with practical resources. To solve the problem of human trafficking, we need a plan that will mobilize human, police, electronic and material resources that goes far beyond a simple bill. We need political leadership.

Surveillance of strip clubs, massage parlours and Internet networks and the creation of a joint investigative unit are solutions that should be studied. Canada must implement a strategy that will not only attack the source of the problem, but will also help the victims and support the work of our police services.

Julie Miville-Dechêne, president of the Conseil du statut de la femme du Québec, also recommends establishing shelters for female trafficking victims. She said:

There are no shelters specifically for female trafficking victims. But their issues are very different from those of domestic abuse victims.

However, there could be some problems with the proposed consecutive sentencing and the presumption that reverses the burden of proof for procuring and human trafficking offences. The reversal of the burden of proof could be challenged on constitutional grounds. As my colleague, the member for Windsor—Tecumseh, has said in the past, passing Bill C-452 does not guarantee that sentences will be much longer. The courts could potentially base their decision on the principle of proportionality, which means that sentences served consecutively may not end up being longer than if they had been served concurrently.

Despite these pitfalls, we will be supporting Bill C-452 so that it can be studied in committee. The problem is simply too serious to ignore. I have had the opportunity to meet with organizations in my riding that help boys, girls and women who are involved in prostitution. I would like to commend Projet intervention prostitution Québec and Maison de Marthe, which do excellent work with the limited resources available to them.

I want this government to take a comprehensive approach to the issues of prostitution and human trafficking. I would like it to address them here in the House, by amending the Criminal Code, as well as on the ground, where more help is needed for truly effective action. To me a comprehensive approach includes these simple bills that allow us to deal with other related issues.

This Conservative government has dismissed a bill as effective as Bill C-400 on social housing on more than one occasion. Organizations across Quebec are scrambling to get together and call on the Conservative government not to wait until the end of March 2014, but to renew the homelessness partnering strategy, the HPS, immediately.

This strategy provides a solution to associated problems and can help us take a comprehensive approach to this issue. It is important. The government must renew funding for the HPS immediately, for example, by adding an extra $50 million for Quebec. I know that my colleagues agree with this idea because it is an excellent decision. It is simple. We are talking peanuts here. Compared to all the F-35s and ships that will cost billions, $50 million is nothing.

The government is slowly destroying our social safety net, which would help us take a much more sensible and thoughtful approach to this problem we are facing.

I heard my colleague from Notre-Dame-de-Grâce—Lachine. Movies can sometimes have a huge impact on us. The movie that hit me the most was Human Trafficking, which came out in 2005 or 2006. This movie shows us how international the problems of human trafficking and prostitution are.

It is so insidious and pervasive that we must be aware. Who knows, we may have crossed paths with people who are experiencing these problems, in downtown areas, for example. We cannot be indifferent to what they are going through. My heart goes out to them, which is why I support Bill C-452. That said, I think we must do more, because small, simple actions could help us take a broader and more sensible approach.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am pleased to speak to Bill C-452 at second reading, in anticipation that it will pass and go to committee. It has the support of the Liberal Party to go to committee stage. The idea of having a discussion and hearing representations, possibly from different stakeholders coming before committee, we see as a positive thing. I trust and hope that the member from the Bloc Party will be receptive to amendments, because the issue needs to be addressed.

Slavery, exploitation or human trafficking needs to be put into a couple of different perspectives. One is locally, here in Canada. Also, we do have a responsibility, on the world front, to demonstrate leadership and address the broader issue of exploitation and the trafficking that occurs worldwide.

Most people would probably be surprised to know there are more people who are slaves today than there have been in the history of the world. It costs a lot less today to purchase a slave in many different countries than it did 150 or 200 years ago. There is a need for us to address the issue of slavery and human trafficking.

When I think of the stories I have heard over the last number of years, it is horrific what individuals have had to go through in order to survive. It is not to point to any particular country in the world, but we should all be reflecting on our own countries.

Earlier we were talking about the aboriginal community, our first nations. Many thoughts came through my mind when the member was talking about the first nations. It is not necessarily the most exploited community worldwide. I do not know all the statistics on the province of Manitoba and our country, but I know there is a real issue with exploitation of many of our children in our communities. These are not necessarily individuals who have been brought in from outside of Canada.

We need to get a better understanding as to why that exploitation happens. What is the environment we have created in many of our communities that allows our children to be exploited to the degree they are? It sickens me to see the number of young children, ages 8, 10, 12, who are being trapped in a situation where ultimately they are being used for the sex trade or to sell drugs or in gangs. A lot of that is done through exploitation.

We could talk quite a bit about that particular issue, but I want to focus more attention on the trafficking that brings people from outside of Canada into Canada and the United States, with special focus on Canada.

We need to recognize that human trafficking is an industry that facilitates things such as prostitution. I suspect the sex trade is likely the number one reason that human trafficking is taking place in Canada to the degree it is today. We see individuals coming from countries, whether from Asia or Europe, to Canada, and quite often they are forced into prostitution or strip clubs and so forth. It is not by choice.

I remember meeting a family while I was in the Philippines a number of years ago. The father told me he was very concerned about Canada because of what he had heard about someone else and that now his daughter was being recruited. He referred to an ad that said, “Go to Canada and work in the hospitality industry”.

This particular young lady bought into the ad and applied, and then found out that it was more the entertainment aspect of the hospitality industry. They had a difficult time getting their daughter back to the Philippines.

At the end of the day, I believe a great deal of misinformation is out there trying to attract individuals to Canada to enter into what I believe is likely the greatest exploitation there is today in human trafficking—that is, our sex industry here in Canada.

There are also areas of concern with respect to slavery. Maybe it is not to the same degree as in the continent of Africa or other countries, but we still need to be concerned about it. We need to be aware of and concerned about the degree to which people are being trafficked into Canada and turned into servants.

One of the things that I take a great sense of pride in is a decision Canada made a number of years ago. Paul Martin, the former prime minister, said that not only do we want to have national museums in Ottawa but we also would like to see them elsewhere. Winnipeg was awarded the human rights museum, which is nearing completion. I hope it will allocate space to the whole issue of human trafficking, because that issue is very real and alive today. By doing that, hopefully, we will be able to better educate the population.

I started off by saying that there are more people in slavery today than there ever have been in the history of the world. That was, I must admit, a bit of a news flash even for me. I do not think that people realize the degree of exploitation.

I think that is the reason the member brought forward this legislation. We do have some concerns about it and our Liberal Party critic, the member for Mount Royal, has addressed this bill and will continue to follow it, but at the end of the day it will bring more public attention to the issue, so in that sense I see it as a positive.

Ultimately, human trafficking exists today because of money. It is profit that really drives it to the degree we have today. In fact, only drug trafficking brings in more money illegally. Of the top three, number one is drugs, and then it might be a toss-up between human trafficking and illegal arms. I suspect it is likely human trafficking.

We have to demonstrate through leadership, and Canada is in a great position. Our provincial governments have departments of labour to deal with labour exploitation if it is occurring. A member made reference to live-in caregivers; if live-in caregivers are being exploited, we should be encouraging them to contact the provincial departments of labour and we should be encouraging members of parliaments or MLAs to speak out and be there for them in a very real and tangible way.

I believe that at the end of the day, Canada is in a great position to not only do more to fight it at the local level but also to demonstrate leadership around the world.

The House resumed from January 29 consideration of the motion that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the second time and referred to a committee.

Human Trafficking

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I rise today to present 30 signatures from the constituents in my riding in support of Bill C-452, an act to amend the Criminal Code, which aims to fight sexual exploitation and human trafficking.

Criminal Code

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

Mr. Speaker, tonight I am so pleased to have the opportunity to support Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

As I have listened to the speeches tonight. It warms my heart to see members in the House who have worked together, and are continuing to work together, to stop this heinous crime in our country.

The member for Mount Royal has done much over the years to stand up for human rights. His Bill C-49 did much to bring the awareness of human trafficking to the forefront, and I thank him for that.

I also want to thank you, Mr. Speaker, as the member for Windsor—Tecumseh. When I first started working on my Bill C-268, I remember your support and your questions. I remember your input in making that bill go through.

As parliamentarians we are standing up against the perpetrators who feed on innocent victims in our country. Now public awareness is coming to the forefront. This is a pressing issue that we are addressing. Human trafficking, as we all know, continues to be a violation of fundamental human rights whose protection forms a basis of our free and democratic country. I want to thank all members for the input we have heard today.

Before I turn to the proposals in the bill itself, I would like to make some general comments on the nature of human trafficking and its severe impact on the victims to underscore the importance of ensuring the strongest possible criminal justice response to this crime.

Traffickers force victims to provide labour or services in circumstances where they believe their safety or the safety of someone known to them will be threatened. If they fail to provide that labour or service, they are deprived of the very rights that underpin a free and democratic society, a society that we hold dear in Canada.

The reality is that victims often suffer physical, sexual and emotional abuse, including threats of violence or actual harm to their loved ones. It does not only encompass the victims. One technique the predators have is to threaten their siblings and their relatives by telling them that they will be next. I have numerous cases where that has happened. That is how they control the victim from whom they earn so much money. Records show right now that a perpetrator earns between $250,000 and $260,000 a year from a victim. It is all about money. It is all about a despicable crime that is happening in our country that touches everybody. Everybody should be aware of it because sooner or later they will hear about it or be touched by it.

In Parliament today we are taking one more step to ensure that Bill C-452 is passed, examined in committee to make it even stronger. By working together, we can make this happen.

To further aggravate the human trafficking problem, the type of criminal conduct is not just something that happens occasionally on the margins of society. Rather, it is widespread in our communities as evidenced by the global revenues generated by it, which are estimated to be about $10 million U.S. per year. This puts human trafficking within the top three money-makers for organized crime. However, it is not just organized crime that is involved in human trafficking. So too are entrepreneurial people who feed off the suffering of innocent victims and control them so they can have money in their pockets to have a better life.

What are we doing about it? I am pleased to report that the government's response to this crime is strong and multifaceted.

First, we have a veritable arsenal of criminal offences that apply to this reprehensible conduct. In 2003 three trafficking offences were added to the criminal code. In 2010 a new offence of child trafficking was enacted through Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), which was sponsored by myself at that time. This offence imposes mandatory minimum penalties on those who traffic in persons under the age of 18.

In 2012 former Bill C-310, An Act to amend the Criminal Code (trafficking in persons), which was another bill sponsored by myself, extended extra territorial jurisdiction for all Criminal Code trafficking offences and enacted an interpretative tool to assist the court in interpreting the trafficking in persons provisions. Why did that happen? When we sat in a court, we heard lawyers trying to prove that the victim initially was not afraid. Was not afraid, why? How perpetrators work is the victim is not afraid. Most perpetrators come on as the victim's friends. They give the victims everything they want. It is only after they separate them from their infrastructure, family, community and friends and get them alone and take all their identification does the relationship change.

That is when the victims are beaten, raped and shot up with drugs. They are unrecognizable when they are seen on the street corners. These are innocent victims who need the love, care and rescuing to renew their lives. Many young girls who have been rescued are doing phenomenal things.

I was at a special event for Walk With Me, with Timea Nagy, a former trafficking victim in our country. She has done much to rescue victims, much to help restore the lives of these innocent victims.

All of these things, in addition to the trafficking specific offence contained in the Immigration and Refugee Protection Act, section 118, which prohibits transnational trafficking and the numerous Criminal Code offences that address trafficking-related conduct, such as forcible confinement, kidnapping, sexual assault and uttering threats, are few examples of the arsenal of crime bills that we have to protect the innocent victims in our country.

That is not all. In recognition of the multifaceted nature of this problem, our government launched the national action plan to combat human trafficking June 6, 2012. The action plan recognizes that a comprehensive response to human trafficking must involve efforts to ensure what we refer to, and I know everyone here in the House is familiar with, as the four Ps: the protection of victims; the prosecution of offenders; partnerships with key players; and the prevention of the crime in the first place.

All activities are coordinated through the human trafficking task force, which is led by Public Safety Canada. This is without a doubt a comprehensive response to a complex problem, but more can always be done. Where more can be done, more should be done, especially when efforts serve to address a crime as insidious as human trafficking.

That is why I commend the member for Ahuntsic who has put forward Bill C-452, which proposes a number of reforms that would strengthen the response I have just described.

It seeks to impose consecutive sentences for trafficking offences and any other offence arising out of the same event or series of events. The bill would also create a presumption that would assist prosecutors in proving the main human trafficking offence. It would require a sentencing court to order the forfeiture of the offenders property unless they could prove their property was not the proceeds of crime.

The very first trafficking case that came to justice in Canada was a very short while ago. It was the Imani Nakpangi case where a 15 and a half year old girl was trafficked. He made a lot of money out of her, over $360,000 that we know of today. The forfeiture of the proceeds of that crime is so important. Bill C-452 has that element in the bill.

Although some amendments would be required to address specific legal concerns, Bill C-452 would undoubtedly strengthen the response to human trafficking and as such merits all our support.

Legal concerns would have to be addressed. For example, the bill should not overlap with amendments that have already been enacted by previous bills, such as Bill C-310, as this would cause confusion in the law. We do not want that to happen. The bill should also avoid compromising the government's efforts to defend the living on the avails offence along with other prostitution-related Criminal Code offences. These are the kinds of things that we will examine and work on in committee, and we are very proud to do that.

I want to thank the member once again for her hard work on this human trafficking issue. I want to thank all members in the House for taking up this cause and protecting the rights of innocent victims.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I am pleased to rise in debate on Bill C-452, on the question of human trafficking and how best to combat it. In particular, this legislation would seek to strengthen the provisions that punish exploitation and trafficking in persons.

I would like to congratulate my colleague from Ahuntsic for this bill and this very important step.

The true measure of a society's commitment to equality and human dignity is the protection it affords its most vulnerable members. And victims of human trafficking are some of the most vulnerable.

Accordingly, we must recognize and denounce human trafficking as the persistent and pervasive assault on human rights that it is, while providing increased protection for those who are most vulnerable to this massive criminal violation of human rights, namely women and children. At the same time, we must work to bring the perpetrators to justice and ensure that human traffickers are held to account fully for this reprehensible criminal conduct. My remarks this evening will focus on the implications this bill would have for the justice system, while situating the debate in the broader context of how we ought to combat human trafficking.

The crime of human trafficking, as I have said many times in this House, is one of the most pernicious, persistent and pervasive assaults on human rights. According to the 2012 United States Department of State report on human trafficking, an estimated 27 million people worldwide each year are victims of various crimes of exploitation and servitude, while an estimated $32 billion is generated by this immoral and illegal trade, making it one of the fastest growing criminal industries in the world today. The struggle to eradicate this crime, therefore, must certainly include legal tools to prosecute the offenders. It must also include policies to protect and support the victims while engaging in public education efforts to promote awareness of the trends and the means used to exploit and traffic the victims.

Accordingly, a holistic approach to this problem would require addressing the social factors that allow the crime of exploitation to occur in communities across our country, while working with all levels of government and community leaders to identify trends and patterns of exploitation, to communicate with the victims and to support the victims and their families during these moments of tremendous vulnerability. I commend the member for Ahuntsic for her involvement in this regard with the various stakeholders for this purpose.

To combat human trafficking, we need to do more than just impose new criminal penalties. For example, we need to correct the flaws in our immigration system because they leave temporary and foreign workers open to exploitation and abuse by their Canadian employers.

Bill C-452 makes a number of important amendments to the Criminal Code. First, it provides for consecutive sentences to be served for human trafficking convictions. Second, it grants the Canadian judiciary jurisdiction over human trafficking offences whether they are committed in Canada or abroad. Third, the bill clarifies the provisions related to human trafficking involving sexual exploitation. Fourth, it creates a presumption regarding the exploitation of one person by another. Finally, the bill adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

All of these proposed changes are indeed well intentioned, but some are somewhat flawed, particularly when viewed from a charter perspective. The Liberal Party will support this legislation and vote to send it to committee for further study and review in the hope that the concerns may be appropriately addressed.

I will begin with a provision that I wholeheartedly support.

The legislation expands the scope of the human trafficking provision in the code to the international arena. This is an important and most welcome change to our law. Simply put, the reach of this egregious trafficking crime is beyond our national borders and our laws must therefore reflect this reality.

For many human trafficking victims, exploitation may bring them to Canada. However, the original incident of abuse or threats made to their families occurs in far distant lands. We must seek justice not only for the final leg of this crime, but for the full scope of the abuse and cruelty inflicted on victims by their abusers.

Accordingly, while I support that provision and the provisions relating to human trafficking that include sexual exploitation, as well as extending or adding the offences of procuring and trafficking to the list of offences to which the proceeds of crime would apply, I am concerned by some other sections of the legislation. For example, Bill C-452 provides that sentences imposed upon a conviction of human trafficking are to be served consecutively to any other sentence imposed and punishment for an offence arising out of the same event or series of events.

I understand the well-intentioned motive behind this recommendation. My concern is that doing this could limit judicial discretion in a way that not only encroaches on judicial independence but may, however inadvertently, result in sentences that infringe upon charter-protected rights. Certainly these heinous acts should be punished severely. However, there may be situations where the imposition of consecutive, rather than concurrent sentencing is inadvisable. This is why judges should be allowed to retain their discretion in this regard, though certainly at committee we could address whether it might be best to encourage such sentences while perhaps not specifically requiring them.

As well, the bill establishes a presumption under section 279.01(3) of the Criminal Code that may be overly broad. It reads:

—a person who is not exploited and who lives with or is habitually in the company of or harbours a person who is exploited shall, in the absence of evidence to the contrary, be deemed to be exploiting or facilitating the exploitation of that person.

While one of the major issues in combatting trafficking since the crime of exploitation was first introduced in our Criminal Code has been the low number of criminal convictions for this crime, we should nonetheless be very mindful of casting too wide a net as this could raise both charter and common law concerns. Again, I am hopeful this can be addressed at committee.

Another change proposed by the legislation, which I support, modifies section 279 of the Criminal Code by enumerating the various elements of the crime of exploitation, particularly sexual services. This is an important change, in part because our own Department of Justice has found that trafficking for sexual exploitation is more prevalent in Canada than any other form of exploitation, especially in our large urban centres. By adding these new provisions in the code, we would provide law enforcement officials with additional tools to take on this challenge and better protect the Canadian public.

Let me reiterate that while it is vital that our criminal justice system be equipped to handle the full prosecution of this brutal crime, any success on this issue will only come with greater public awareness, mobilization and participation in combatting the crime to begin with. Because the perpetrators of human exploitation count on various social stigmas to isolate their victims, it is vital that we remove these stigmas and those barriers that prevent victims from seeking assistance. We must strengthen our grassroots strategy to detect and prevent human trafficking to begin with, as well as to support and protect victims in a manner that would enhance their co-operation and ability to report this abuse. As a country looking to address this challenge, we must not only seek to punish those who do harm to the innocent, we must also seek to heal and care for those who have been harmed in this fashion.

In summary, I am hopeful that the bill will be improved in committee. I applaud my colleague from Ahuntsic for bringing it forward and for her hard work on this issue, as well as that of the member for Kildonan—St. Paul. I am hopeful that by working together we can eradicate this evil of human trafficking in Canada once and for all.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am very proud and happy to rise in this House today to speak to Bill C-452, which was introduced by the member for Ahuntsic. This is not exactly her first try, but I hope it will be the last and that it will be successful, possibly just as successful as the work that was done by the member for Kildonan—St. Paul on Bill C-310. I had the pleasure of examining this bill, debating it and discussing it. It opened my eyes.

I come from Gatineau and we do not often hear about human trafficking there. I learned about it when we examined the bill from the member for Kildonan—St. Paul. This will sound strange, but I also met with the US ambassador-at-large, who came to speak to me about human trafficking and how this problem exists all over the world. I was then able to see that issues that we sometimes consider foreign are also going on right here at home. It can be quite ugly, even horrific, as described by the member for Ahuntsic, and it is often happening right under our noses and we have no idea.

As the justice critic for the official opposition, the New Democratic Party, I can say that we will support sending our colleague's Bill C-452 to committee. I have also taken note of some of the comments the Parliamentary Secretary to the Minister of Justice made.

When it comes to justice issues, the NDP always wants to be reasonably satisfied with the laws that are passed and that have a significant impact in terms of justice. These laws must pass the tests they will be subject to when they go before the courts. As legislators, we must do our job properly.

I wish I had a little more time. Five minutes is not long enough to ask questions. We have to talk about reversing the burden of proof. In cases like this one, that is a real concern given the seriousness of the offences. Still, we have to see if this passes the test to which the courts usually subject such a reversal of the burden of proof. This always seems counter to the presumption of innocence that is central to criminal law in Canada.

It is also important to ensure that laws do not contradict one another. The parliamentary secretary alluded to that. Will the passage of Bill C-310 cause parts of Bill C-452 to be reviewed? Are some of these elements in conflict? At first glance, I do not think so. However, we will consider all of these issues during meetings of the Standing Committee on Justice and Human Rights once we complete our two hours of debate here. From what I have seen, I do not think that our colleague will have any trouble getting her Bill C-452 referred to committee. That will give us the opportunity to hear from witnesses.

The fact that we have the right to debate these issues, to have our say and to hear from witnesses is extremely important. As I said, if not for Bill C-310, even people who watch television, who are well-informed and up to date, would not have had the opportunity to hear first-hand about what is going on, often under their very noses, what is happening to society's most vulnerable people, to women and children. The situation is appalling. It would serve us well to hear about other specific cases.

I was pleased to see that in my region, the Outaouais, there was a great deal of support in the community from women's groups. My colleague mentioned the Collectif de l'Outaouais contre l'exploitation and the diocèse de l'Outaouais, among others, but I know even more groups that have told me that they support this bill.

I will support any law that we can enact to eliminate these scourges. We have to do everything we can and use every tool we have to stop this.

The message I would like to send to my friends opposite is that it takes people to implement these great laws. If we have good laws against human trafficking, then we have to ensure that we have the police officers needed to do the work and to find these vile human traffickers. We must drag them before the courts and they must serve these sentences so that one day we will no longer have to adopt such laws. When we go home, we have to be able to say that we did a good job because the most vulnerable are not being sexually exploited, tortured or are afraid to speak out and stop being victimized. Would it not be wonderful to have a society where there are no victims?

In addition to these fine speeches and bills, we have to ensure that there is a coherent approach. If we say that we support the victims and that we want to be there to help them, then we have to provide assistance and services. If we say that we are against the criminals, then we have to ensure that we catch these damn criminals and that we have enough police officers. We can reverse the burden of proof all we want, but if the victim is terrified and will never report the horror experienced, all this work is in vain.

We have to realize that this is happening in our communities. It may be happening in a street not far from our own homes. It is scary, but it does happen. We have to have our eyes wide open and realize that a bill such as this one solves real problems. However, it takes more than that.

The House resumed consideration of the motion that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the second time and referred to a committee.

The Criminal Code

[Kerry-Lynne Findlay, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to join in the second reading debate on Bill C-452, an act to amend the Criminal Code (exploitation and trafficking in persons). I believe the bill addresses a matter of utmost importance: the criminal justice system must respond effectively to the crime of human trafficking.

Bill C-452 seeks to achieve the important goal of strengthening the criminal justice system's response to this heinous crime. Bill C-452's predecessor, Bill C-612, an act to amend the Criminal Code (trafficking in persons), also sponsored by the member of Parliament for Ahuntsic, proposed similar amendments but died on the order paper at second reading with the dissolution of Parliament in 2011.

The objectives of the bill merit support. Its proposals seek to hold offenders accountable, impose penalties that befit the severity of the crime and assist in ensuring that offenders do not reap the rewards of their wrongdoing. There are, however, some legal issues raised by the bill's proposals, which I have no doubt can be addressed through amendments.

Bill C-452 proposes to amend the Criminal Code in a number of different ways.

First, it seeks to require that sentences imposed for procuring, section 212, and trafficking offences, sections 279.01 to 279.03, be served consecutively to any other sentence imposed. It also seeks to clarify that the main trafficking offence, section 279.01, would apply regardless of whether the crime occurred in a domestic or international context.

Further, it would add a presumption that an accused is exploiting a trafficking victim if he or she is shown to be habitually in the company of that victim. It would modify the definition of exploitation for the purposes of the trafficking offences to include specified means.

It would also modify the provision that imposes a reverse onus for forfeiture of proceeds of crime for certain offences to apply to both procuring and trafficking offences. Finally, it would make a small technical amendment to the French definition of exploitation, in section 279.04.

One concern raised by certain proposals in the bill involves the Bedford case, which is currently before the Supreme Court of Canada. Bedford involves a Charter challenge to three prostitution-related Criminal Code provisions, including living on the avails of prostitution offence, paragraph 212.(1)(j), which is contained in the procuring provision, section 212. Any amendments impacting on this provision could compromise the government's defence of its constitutionality.

Another concern is that some of the proposals relate to issues already addressed by former Bill C-310, An Act to amend the Criminal Code (trafficking in persons), which was sponsored by the hon. member for Kildonan—St. Paul and came into force in June 2012.

Former Bill C-310 extended extraterritorial jurisdiction for all Criminal Code trafficking offences and clarified the definition of exploitation in section 279.04 by creating an interpretive tool to assist courts in determining whether a person has exploited another for the purposes of the Criminal Code trafficking offences.

New amendments that overlap with recently enacted reforms could cause confusion in the law, which may create inconsistency in enforcement and interpretation. These concerns and others could be addressed through amendments to ensure consistency and clarity in the law and manage legal risk.

The bottom line, however, is that we should all support any proposals that would strengthen our response to a crime that is as pernicious and heinous as human trafficking. This crime is commonly referred to as a form of modern-day slavery.

There has been some confusion, both within Canada and internationally, about the nature of this crime. Given the breadth of the issue, the complicated way in which it can be carried out and the diversity of both its victims and its perpetrators, it is no wonder that the global community has struggled with defining it.

However, I can say to Canadians that our government continues to take steps to improve our responses to this very destructive criminal activity.

On June 6, 2012, the government launched Canada's national action plan to combat human trafficking to enhance our ability to prevent this crime, better support victims and ensure that traffickers are held accountable. We are directing more than $25 million over four years to implement this plan.

Specifically, the national action plan emphasizes the need for awareness in vulnerable populations, support for victims, dedicated law enforcement efforts and for all Canadians to prevent the trafficking of individuals.

Among other things, the national action plan launched Canada's first integrated law enforcement team dedicated to combatting human trafficking; increased front-line training to identify and respond to human trafficking and enhance prevention in vulnerable communities; provides more support for victims of this crime, both Canadians and newcomers; and strengthens the coordination with domestic and international partners who contribute to Canada's efforts to combat human trafficking.

Further to this, Canada ratified the United Nations protocol to prevent, suppress and punish trafficking in persons, especially women and children. The protocol's definition of human trafficking is consistent with Canada's four specific trafficking in persons offences, which provide us with a comprehensive domestic definition of this horrible crime. There are also many other Criminal Code offences that can be used to address related conduct.

As I mentioned, we have four trafficking-specific offences in our Criminal Code. The main offence of trafficking in persons, section 279.01, protects all persons by prohibiting the recruitment, transportation or harbouring of a person for the purposes of exploitation.

The child trafficking offence, section 279.011, is the same as the main trafficking offence, with the exception that it imposes mandatory minimum penalties for trafficking in children. It was enacted by another bill sponsored by the hon. member for Kildonan—St. Paul, former Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), which came into force in June 2010.

I noticed that my colleague from the Bloc, who was speaking, mentioned a person under the age of 12. This unfortunately is something that does touch our children.

The two other trafficking-specific offences prohibit receiving a material benefit from the trafficking of a person and withholding or destroying documents in order to facilitate the trafficking of a person, sections 279.02 and 279.03. The Criminal Code also defines exploitation for the purposes of these offences in section 279.04.

Bill C-452 would add heavier penalties to this important group of offences by requiring the imposition of consecutive sentences for engaging in this type of reprehensible conduct. No one would disagree that penalties for this type of offence should be severe.

Bill C-452 would also require a sentencing court to order the forfeiture of offenders' property unless they disprove that their property is the proceeds of crime. We must ensure that traffickers are not permitted to keep the financial benefits of their insidious exploitation of others.

Bill C-452 would also create a presumption that would assist prosecutors in proving the main trafficking offences by proving a related fact, that the accused lived with or was habitually in the company of an exploited person. This type of offence is very difficult to investigate and prosecute, especially given that witnesses are usually afraid to come forward due to threats and intimidation. In particular, such a presumption could assist in holding an accused accountable or the prosecution's case rests heavily on the fact that the accused was living with or habitually in the company of an exploited person. However, this proposal requires amendments to ensure that it applies equally to the child trafficking offence, and the language should also be consistent with other Criminal Code presumptions so that the proposed presumption achieves its goal. These amendments would assist in securing convictions, ensure that punishment is proportional to the severity of the crime and deprive offenders of their ill-gotten gains.

I believe these are goals we can all support.

[Maria Mourani, Bloc, Ahuntsic, QC]

moved that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), be read the second time and referred to a committee.

Mr. Speaker, after a number of years of work and consultation, it is a great honour for me to introduce in the House Bill C-452, which seeks to help victims of human trafficking obtain justice in an environment in which they are better protected.

This bill also seeks to help the police officers and prosecutors who are working to combat this new form of slavery—let us say it—get the tools they need to lay charges and ensure that criminals are given sentences that reflect the seriousness of their crimes.

I would like to thank the individuals and groups who worked with me to put this bill together, including police officers from the SPVM morality branch and child sexual exploitation unit, criminal lawyers from the Barreau du Québec and women's and human trafficking victims' advocacy groups, such as the Comité d'action contre la traite humaine interne et internationale, Afeas, the Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel, Concertation-Femme, Concertation des luttes contre l'exploitation sexuelle, the Association québécoise Plaidoyer-Victimes and Maison de Marthe. These groups were very involved in the drafting of this bill.

I would also like to thank everyone else who has supported this bill, namely the Collectif de l'Outaouais contre l'exploitation sexuelle, the diocèse de l'Outaouais de la condition des femmes and, of course, the Conseil du statut de la femme du Québec.

Before introducing the bill, I would like to quickly describe human trafficking in Canada. Unfortunately, it is a rather significant problem in Canada and also in Quebec.

There is no question that, in Canada, an estimated 80% to 90% of the victims of trafficking are destined for the sex trade. There are also victims exploited for forced labour in Canada. This is quite atypical, but it does exist nevertheless.

Canada is unfortunately considered to be a country of recruitment, destination and transit, transit to the United States in particular. The most popular cities are Fort Lauderdale, Miami, New York and Las Vegas, as you can imagine. Canada is also considered a tourist destination: not just the usual tourism, but also sex tourism.

Contrary to what one might think, this sort of thing does not happen only in developing countries. Criminal Intelligence Service Canada indicates in its 2001 report that, in Canada, the average age of entry into prostitution is 14. In Canada, the majority of victims of trafficking are women between the ages of 12 and 25.

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.

The main points of transit and destination for victims of interprovincial and international trafficking are Montreal, Toronto, Winnipeg and Vancouver. The Sûreté du Québec estimates that 80% of the strip clubs in Quebec under its jurisdiction are owned by criminal groups, often under fronts. So this is an industry that is dominated by organized crime and, unfortunately, street gangs.

Girls recruited in Atlantic Canada can wind up in Quebec, Ontario, Alberta or British Columbia, and vice versa. They are on the move. That is typical of human trafficking. Although this odious trade is dominated by organized crime, street gangs have become new players in recent years. The Montreal police service has declared human trafficking to be one of its priorities in the fight against crime.

It is thought that since the end of the 1990s, street gang members have transitioned from small-time recruiters to high-level pimps, specializing in child prostitution of young girls, mostly between the ages of 11 to 25. A girl can bring in around $280,000 a year, depending on her looks and age. Twenty girls could bring in around $6 million. That is a lot of money.

This is a business with little risk and is inexpensive to manage. Most of these guys say that they just have to beat, rape or torture the girl or give her some drugs and she will go to the meeting on her own. As it stands right now, the punishments are insignificant. For example, a pimp in Peel region exploited, tortured and raped a 15-year-old girl for two years. This earned him about $360,000 a year and he was sentenced to three years.

This bill would bring justice to the victims and make it easier for police officers and prosecutors. What does the bill do? Many prosecutors and police officers I spoke to told me that, in general, human trafficking was seen as an international phenomenon and that people were trafficked either from Canada to other countries or from other countries to Canada. Unfortunately, the Criminal Code is misinterpreted.

This misconception is gradually disappearing, but there are still some people who believe it. Young people from the regions of Quebec or from aboriginal reserves across Canada are unfortunately ending up in trafficking rings that bring them to large Canadian cities and tourist areas such as Niagara Falls or Montreal during the Grand Prix.

Domestic trafficking definitely happens in Canada. In my opinion, it accounts for a significant proportion of criminal activity in Canada. Victims of this type of human trafficking are between 14 and 25 years of age. The bill before us improves subsection 279.01(1) by making it clear that human trafficking is not only an international phenomenon, but also a domestic one. I have added the phrase, “Every person who, in a domestic or international context, recruits, transports...” This clarification will ensure that individuals, police officers and prosecutors understand exactly what that section means.

The current section 279.04 includes provisions on trafficking in organs and forced labour. As we all know, most human trafficking is for purposes of sexual exploitation, and as such, I added subsection 279.04(1.1), which is specifically about sexual exploitation. This definition, if I can call it that, is drawn from the Palermo protocol on human trafficking and international crime, which Canada ratified on May 13, 2002. This addition addresses all aspects of sexual exploitation, thereby enabling Canada to fulfill its Palermo protocol commitment.

On another note, human trafficking and procuring offences are often associated with other violent crimes. However, even when several charges are associated with a particular incident, traffickers often get away with short sentences because they are served concurrently. Unfortunately, sentences for human trafficking are softer than sentences for drug trafficking.

This is despite the fact that these people, whom I would call slavers, commit very serious crimes. Victims are tortured, confined, raped, forced into prostitution and so on. It is important to take all of the factors related to an incident into account. This bill would ensure that sentences for human trafficking or procuring and associated crimes are served consecutively.

The other problem that police officers and prosecutors have raised is their ability to help or persuade a victim to testify. Those practising in this area of the law often find that victims do not want to testify. Why? Because they are experiencing severe post-traumatic stress and are, quite naturally, afraid of being victimized. Many groups that work with these victims have told me that the victim should no longer have to bear the burden of proof.

Subsection 212(3) of the current Criminal Code already includes the notion of reversal of the burden of proof in cases of procuring. The same reversal of the burden of proof for the offence of trafficking was therefore added to this bill in subclause 279.01(3).

Therefore, as soon as the police have enough proof to lay charges, they will not necessarily need a victim's testimony. The reversal of the burden of proof exists for procuring. I believe that it should simply also be applied to human trafficking.

My favourite part of this bill deals with the forfeiture of proceeds of crime. Unfortunately, it is well known in the policing world that human trafficking is very profitable. It is profitable because a girl can bring in a lot of money for a pimp and it is highly unlikely that she will file a complaint against him. The pimp does not need to manage anything or make large purchases to run the business. So the pimp makes a lot of money.

Currently, subsection 462.37(2.02), which deals with forfeiture of proceeds of crime, allows for criminally obtained goods to be seized in cases of criminal organization offences punishable by five or more years of imprisonment and offences under section 5, 6 or 7 of the Controlled Drugs and Substances Act.

I feel that human trafficking and procuring offences should also be covered by this section. This bill adds those two provisions to section 462.37.

To conclude, I would like to ask my colleagues to do something meaningful for victims of human trafficking. We need to remember that we do not need to go to Thailand to see children as young as 12, 13 or 14 in this business. And, unfortunately, we cannot forget that adults are victims of this business as well. The majority of the victims of this business—if we can call it that—are women, young girls and children. I feel it is more a form of slavery. I believe that we need to rise above partisan politics on this issue. It is our duty to strengthen the human trafficking provisions of the Criminal Code.

I would like to thank the members, and I ask them to support this bill in the name of justice and, above all, in the name of humanity.

Criminal Code

[Maria Mourani, Bloc, Ahuntsic, QC]

moved for leave to introduce Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Mr. Speaker, trafficking in persons is an increasingly common global phenomenon, and unfortunately, Canada is not immune.

According to 2007 figures released by the UN, the annual proceeds of this criminal activity are estimated at $32 billion. It is the third-largest criminal trade after drugs and weapons trafficking.

The main entry points into Canada include Montreal, Toronto, Winnipeg and Vancouver. Canada is considered to be a country of recruitment, destination and transit, and even a sex tourism destination. Our current laws must be reviewed in the age of this new, modern-day slavery.

I applaud the determination of one my colleagues, the hon. member for Kildonan—St. Paul, and her efforts to combat human trafficking. She has also introduced two bills on this matter in the House.

Thus, my bill is part of a broader effort to combat this particular crime, which destroys lives.

On the one hand, this bill sets out consecutive sentences for offences related to trafficking in persons and prostitution. Thus, it sets out tougher sentences.

On the other hand, it clarifies the provisions related to human trafficking and sexual exploitation. It creates a presumption regarding the exploitation of one person by another. Finally, it adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

I therefore encourage all of my colleagues to set aside partisanship and support this bill, which can save lives.

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