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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Maria Mourani  Bloc

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code in order to provide consecutive sentences for offences related to trafficking in persons and create a presumption regarding the exploitation of one person by another.
It also adds the offence of trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 6, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

May 6th, 2013 / 4 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Thank you, Mr. Chair.

My thanks to our six witnesses for appearing before the committee today.

My questions are for you, Ms. Miville-Dechêne.

First of all, I would like to congratulate you for your document “Prostitution: Time to Take Action”. Anyone who is interested in the subject would do well to read it. In a way, we have no choice. Whether because of Ms. Mourani's bill or because of the decision in the Bedford case, which is going to be upon us soon, we are going to have to deal with it at some stage.

I would really like Bill C-452 to change things but I am not sure that that will be the case in practical terms. I do not think that victims are going to stop being afraid to come forward and that crown prosecutors and defence lawyers are going to stop reaching deals. Even if the intent is for harsher penalties, there is nothing to say that things will work that way.

I am not an expert in this area. After all your work in this area, you are probably a bigger expert than I am. When I read sections 212 and 279 of the Criminal Code, the sections that deal with procuring and human trafficking, I have a little difficulty seeing what makes them different from each other. Perhaps one of you can explain it to me. I find that they look pretty much the same.

In the Bedford case, the Court of Appeal had made its ruling. The Supreme Court is going to render its decision this summer, I think, although it may take another six or seven months, if not more. At that point, all this great work could end up in the recycling and we would be back at square one.

What do you think?

May 6th, 2013 / 3:50 p.m.
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Louise Dionne Coordinator, Comité d'action contre la traite humaine interne et international

We believe that Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), introduced by Maria Mourani, will help to counter procuring and human trafficking in Canada. This bill provides solutions to the limits of the justice system while responding to some of our concerns about the needs of victims. It also will also go some way to providing the social and economic measures necessary to support those who have been exploited.

In our opinion, trafficking for the purposes of sexual exploitation and forced labour is a troubling phenomenon that affects Canada both internationally and nationally. In that context, we support the addition of the domestic dimension of the problem, which is often forgotten. Certainly, Canada is a destination and a transit country for victims of trafficking from other countries, but there are also human trafficking situations between Canadian provinces and between rural and urban areas. That is particularly true in the trafficking of aboriginal women.

Nevertheless, we would like to express some concerns. The bill seeks to provide a deterrent to the crime of human trafficking. We are in favour of the desire to deter the traffickers. But our fear is that this may adversely affect some victims, because the provisions may well not take into account a criminal’s degree of responsibility. Human trafficking is a complex problem, as is the path of the victims. Sometimes, victims become traffickers themselves in order to avoid exploitation or to make it stop. The desire to put such a deterrent in place leads to a real risk of penalizing some victims. How do we make sure that victims do not become targets of the bill?

We are in favour of the principle of the culpability of those who harbour trafficking victims or who are found with them. That presumption of guilt will make the role of police and prosecutors easier, no doubt. But it seems to us that this section should be applied prudently. In fact, we feel that it must not be applied at the cost of those in vulnerable situations who may simply be living with those being exploited. Access to justice in this country is not equal for all. Unfortunately, it is often the case that the most vulnerable are the most affected. This includes victims of trafficking. They may not be in a position to be able to prove their innocence because they do not have the means to do so.

The bill proposes a definition of sexual exploitation that draws its inspiration in large part from article 3 of the Palermo Protocol. The definition makes it possible to identify two distinct aspects of human trafficking: forced labour and sexual exploitation. Trafficking for the purposes of prostitution is the more widespread in Canada, and this article allows us to clearly include sexual services in the broader context of trafficking for the purposes of sexual exploitation. This addition must not allow us to forget the importance of the fight against forced labour, of which a victim of sexual exploitation may well be a victim as well. Recent international reports attest to a significant increase in this neglected reality of human trafficking.

The inclusion of procuring and human trafficking in the list of crimes that can lead to the confiscation of assets provides a way for exploited persons to be supported. This also corresponds to the recommendations made by the United Nations Office on Drugs and Crime about the use of the United Nations Convention against Transnational Organized Crime, as the first paragraph of article 12 of the Convention states.

However, we must not lose sight of the second paragraph of article 14 of the same convention that suggests that signatories “give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime”.

We have one final concern. Once more, it asks that attention be paid to the path taken by the accused, who are generally women, and to the circumstances that led them to become involved in trafficking.

In 2012, the federal government announced the National Action Plan to Combat Human Trafficking. It brought together all Canadian initiatives that were part of the fight against human trafficking. Among its strong points was the consolidation and bringing together of government action into the same department: Public Safety Canada. It also had the merit of focusing on the traffickers’ main targets, women and children. Those affected by human trafficking are generally the most vulnerable: migrant workers, undocumented immigrants, youth in distress, and aboriginal women and girls.

Although prosecuting criminals is an important element of the fight against human trafficking, Canada has done little following its international commitment to victim protection. Among the effective measures established for the protection of victims, one is to focus on a global and coordinated approach on several fronts: prevention, gathering reliable information, intersectoral coordination, victim identification and supporting community initiatives.

In protecting victims and protecting victims' rights, we recommend that Canada be more proactive in addressing the causes of human trafficking, poverty, discrimination, racism, and supply and demand. Among the paths to a solution that will counter trafficking for sexual exploitation, the Swedish approach is often held up as a model because it attacks the demand by penalizing those who purchase sexual services. Penalizing the johns goes hand in hand with public advertising campaigns aimed at men, awareness programs aimed both at youth and at those who are the normal targets of criminals, and assistance programs aimed at women who wish to get out of prostitution.

Part of our approach should be to assist women to get out of violent situations, such as prostitution and to provide them with various services: shelters, legal and social advice, education, and professional training.

We should also mention that one of the concerns about human trafficking often overlook one major element. That is forced labour. We remind you that Canada should ratify the international conventions on migrant workers and review the temporary foreign worker programs, particularly those that target so-called unskilled workers.

Thank you.

May 6th, 2013 / 3:45 p.m.
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Claudette Bastien President, Comité d'action contre la traite humaine interne et international

Thank you very much.

I will do the first part of the presentation describing CATHII, and Ms. Dionne will do the second part.

I would like to thank the members of the committee for giving us an opportunity to testify.

The Comité d'action contre la traite humaine interne et internationale, or CATHII, has worked since 2004 to address the issue of human trafficking, whether for the purposes of sexual exploitation or forced labour. Since its inception by religious communities in Quebec, CATHII has become a major player in the fight against exploitation and the violation of fundamental rights.

CATHII's members are involved in three types of activities: research on the reality of trafficking and on Canadian and international laws on trafficking; training with a view to action; and, finally, giving priority to providing shelter and support to victims of human trafficking.

CATHII also wanted to contribute to an understanding of the issue. One of its activities was the release of a research study carried out in partnership with anthropologist Aurélie Lebrun in order to better understand prostitution from the standpoint of its clients. The organization also published a reflection paper entitled “Acting Against Human Trafficking”.

In 2006, CATHII organized a one-day conference. That meeting brought together the main community, government, police and academic players to define the needs of victims. A number of organizations pointed out that there were not enough services for human trafficking victims, an observation reiterated at the consultation meeting with the members of the Sous-comité interministériel sur la traite des femmes migrantes du Québec, which we organized in 2007. Another meeting in April confirmed the need to take concerted action, making sure that victims are the focus of concerns and initiatives.

Recently, CATHII started a Quebec coalition against human trafficking with over 25 organizations working for human trafficking victims.

Human trafficking, especially of women and children, is a violation of fundamental human rights. It has become an increasing issue in Canada and around the world. Canada is a source country, a transit country and a destination country all at once.

In 2005, Canada amended the Criminal Code to include human trafficking. Since then, it has added minimum sentences for traffickers of minor children, followed by human trafficking in the form of offences committed abroad for which Canadian citizens and permanent residents can be prosecuted in Canada. So the Criminal Code has been amended to specify some of the factors that courts can take into consideration when determining what exploitation means.

Bill C-452 is one of the measures intended to provide tools to legal and judicial stakeholders who are fighting against human trafficking.

May 6th, 2013 / 3:40 p.m.
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Michael Maidment Area Director, Public Relations and Development, Federal Government Liaison Officer, Salvation Army

Thank you, Mr. Chair and committee members. My name is Michael Maidment. I'm the federal government liaison officer for the Salvation Army in Canada.

I'd first like to thank you for the opportunity to present to you this afternoon on the issue of human trafficking and, more specifically, on Bill C-452.

I'd like to begin by commending Madame Mourani for her work in this important legislation and for her commitment in presenting complex solutions to the issue of human trafficking in this country. I am delighted today to be joined by Naomi Krueger. Naomi is the manager of one of Canada's first shelters dedicated exclusively to caring for the victims of human trafficking. Deborah's Gate, which opened in 2009, aims to provide confidential, professional, and culturally sensitive community-support networks for survivors of this terrible crime.

The case management team at Deborah's Gate coordinates appointments with law-enforcement officials, immigration officials, legal counsel, trauma counsellors, and other service providers. Additional programs provide residents of the shelter with access to income assistance and/or sustainable income, addiction-treatment programs, health and dental care, and community-integration programs.

I want to frame my comments this afternoon by saying that the Salvation Army appears before you today in our capacity as Canada's largest social-service provider and with our 130 years of service-delivery experience, which includes, of course, programs such as Deborah's Gate. I hope to convey the perspective of our organization, as the leading social-service provider, on this legislation.

First off, I want to say that the Salvation Army wholly supports legislation that strengthens the ability of the criminal justice system to respond to the crime of human trafficking. Just as we supported Bill C-268 and Bill C-310, we, too, support Bill C-452. We believe the bill will provide law-enforcement officials with more tools to prosecute those who commit this heinous crime and that it is essential to preventing future victims.

With specific reference to the proposed amendments in the bill, we believe that allowing consecutive sentencing for offences is positive in two ways. First, a significant sentence is important to victims of human trafficking in so far as it provides a period of safety during which a victim doesn't need to worry about their trafficker being at large. This period is critical to a victim's ability to access restorative resources and engage in a long-term healing process.

The effects of violence and exploitation on a victim do not disappear when the trafficker is arrested. Instead, fear, anxiety, and hopelessness often increase, at least until the victim knows the trafficker will be held in custody for a designated period of time.

Second, we think this proposed amendment would strengthen the deterrent for perpetrators of human trafficking who believe the financial gain of the exploitation outweighs the loss experienced during shorter prison sentences. One such victim and resident of our shelter estimated that her trafficker earned $620,000 over a two-year period through her sexual exploitation.

I would like to raise one area of consideration regarding this amendment, that we're seeing more and more situations where victims who were once trafficked themselves have turned to aiding their traffickers with procuring and grooming other victims. This is generally a strategy that victims of human trafficking use to improve their own circumstances in an attempt to escape the exploitation they have undergone. Providing the courts with flexibility in the application of consecutive sentencing may prevent victims of human trafficking from being punished by the criminal justice system for attempting to escape from their exploitation.

With reference to adding the term “domestic” to the charge of human trafficking within the Criminal Code, the Salvation Army feels that this proposed amendment provides important clarity to the code. Human trafficking is a domestic issue. We've already heard that this afternoon. Yet the myth that trafficking is exclusively an international issue persists among many Canadians. Accurately describing human trafficking as a domestic issue will aid in correcting this long-term myth.

Deborah's Gate opened in 2009. Over half its residents have been victims of domestic trafficking, Canadian residents trafficked within Canadian cities, most often for sexual exploitation by Canadian men. Furthermore, our organization has found that women in our shelter systems were targeted as children as young as 12 years old, many from reserves in northern B.C., Alberta, and Manitoba, both by traffickers with gang affiliation and by individuals working alone.

The change this bill offers—the reversal of the burden of proof for the charge of human trafficking—is an important recognition of the devastating impact that sexual exploitation has on its victims. This reversal will not only make it easier to prosecute traffickers but will also protect victims who are struggling with the effects of being exploited.

With reference to extending the human trafficking charges to those who harbour a person who has been exploited, the Salvation Army is pleased that this proposed legislation considers the reality that many different individuals can play a role in the crime of human trafficking without ever meeting the conditions set forth by the legal definition.

While many individuals can share responsibility for holding a victim captive, it is rare that all parties involved are prosecuted. In our experience, traffickers are aided by multiple associates, each of which plays a role in facilitating their exploitation. While none of the associates may profit directly from a victim's exploitation, they supervise the victim's sexual services, assault victims when they fail to comply with their traffickers' orders, and coordinate travel from one abuser to another.

The proposed amendment would better equip law-enforcement officers to respond to the severity and complexity of trafficking operations holding all those involved accountable for the crime in its entirety.

It should be noted, though, that while this amendment in general enables effective enforcement of the offence, unintended consequences of the wording and the absence of evidence to the contrary may arise.

In particular, information that victims communicate to the police, health care practitioners, and other front-line service providers while they are in a state of fear or as a means to survival could be used as evidence to contradict exploitation or facilitation of exploitation at a later date. Victims have repeatedly reported that they were at times coached on what to say when questioned by authority figures.

Many times this coaching has led to the gathering of contradictory statements that could be used as evidence to the contrary if needed. A provision preventing the use of statements made by victims while in a state of trauma or coercion might help to avoid this unintended consequence.

In conclusion, while it is important to strengthen the tools available to prosecute those who commit the terrible crime of human trafficking, it is equally important, if not more so, to consider strengthening our ability to prevent human trafficking from occurring in the first place.

Thank you again for the opportunity to address you this afternoon and for your commitment to eradicating human trafficking in Canada.

May 6th, 2013 / 3:30 p.m.
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Julie Miville-Dechêne President, Quebec Council on the Status of Women

Thank you for having me.

I will deliver my presentation in French.

The Quebec Council on the Status of Women is an advisory and review body that has sought to promote and defend the rights and interests of Quebec women since 1973.

As such, we have developed an expertise on prostitution and human trafficking. Last June, we published an in-depth research study in which I took part. I have it here with me. If you are interested, it is available. It is an opinion urging authorities to take action and help human trafficking victims and prostitutes leave the unhealthy environment in which they are exploited.

From a legal standpoint, we maintain that the Criminal Code must apply to pimps and johns because demand for sexual services encourages trafficking and prostitution. However, we believe that it is time to stop criminalizing prostitutes, victims of trafficking and non-victims, because in most cases, they sell their bodies after having suffered all sorts of abuses in their childhood. We will come back to that.

Given our bias for women, and specifically for exploited and vulnerable women, the council has been publicly supporting Maria Mourani's Bill C-452 since October. We feel that society must have powerful disincentives to try and put a stop to human trafficking. We think human trafficking is a serious crime that affects many parts of the world, as well as young Canadian girls who may be our neighbours or even members of our own families.

The changes set out in Bill C-452 ensure that police officers are better equipped. Other witnesses, like Detective Sergeant Monchamp, presented those arguments to you. In terms of principles, the bill also sends a clear message to those who might be tempted by this seemingly easy way to make money at the expense of naïve and renewable prey, since those people are a renewable resource as far as the pimps are concerned. The message is that crimes of exploitation and human trafficking will be fought and punished in Canada to the full extent of the law. Since these crimes represent a grave violation of fundamental human rights, the changes proposed by the bill would show to the whole world that Canada’s criminal system is exemplary in combatting trafficking.

The proposed changes include consecutive sentences for procuring and human trafficking offences. The council supports this tougher punishment, because a number of violent crimes are also often committed in trafficking cases. Let me give you one example from Montreal. Marie—that is not her real name—was a dancer in strip clubs for six years. She told me that she was in the clutches of a violent pimp. Not only was she locked in her home, beaten and raped by her pimp who would take all her earnings from lap dancing, but this same pimp took out his anger on her by burning her hand with his cigar butt and strangling her cat before her eyes. The cat was the only comfort she had left. This level of mental cruelty and control is difficult to imagine in a free country, but it does exist. This young, fragile woman was duped when she was 17 by a violent man who promised to take care of her. She did not dare report him because she was afraid her family would pay the price since he threatened to go after her mother or sister if the victim did not obey him. She only co-operated with the police once her pimp was arrested.

Bill C-452 is a major change in our way of doing things, but we don’t believe that the clause on consecutive sentences ties judges’ hands and prevents them from assessing cases individually. The bill provides new benchmarks, but nothing prevents judges from exercising their discretion in applying the principle of proportionality and imposing a sentence that is deemed fair for the accused, based on the circumstances.

Another notable change in the bill is the reverse onus. You talked about it here. The accused will have to prove that they do not make a living by exploiting someone else when a trafficking victim is present. This measure is another way to make prosecutors’ work easier, given that traumatized victims are often afraid to testify against their aggressors or are actually suffering from the Stockholm Syndrome.

As part of our research, we talked to a number of people involved, police officers and lawyers who explained that prosecutors were often happy to use the section against procuring, and not against trafficking, because it was harder to get evidence against trafficking. Yet, in most cases, trafficking is involved. By reversing the onus, the burden is partly placed on the accused. Given the long police surveillance operations that lead to arrests, we think it is appropriate to require the accused to prove, through financial records or otherwise, that they have their own sources of revenue. Let us not forget that, by definition, revenues from prostitution are not declared and are done in cash. So that complicates the work of the authorities a fair bit.

Finally, the bill states that proceeds of crime can be confiscated in procuring and trafficking offences. That's great. We think it is only fair that those found guilty can no longer enjoy the proceeds of their crimes.

Here are some numbers. In 2012, 56 trafficking cases went to court, involving about 85 accused and 136 victims. Of course, that does not seem like a lot, but that is only the tip of the iceberg, because it is difficult to measure the scope of illegal activities. My colleague Ms. Dionne will give you a bit more information about this later.

We often think that trafficking only happens to women from poorer countries who end up in our strip clubs. That is not true. Domestic trafficking, meaning trafficking between places and provinces within Canada, represents 90% of all cases that end up in court. People in the know told me about victims of domestic trafficking at the Centre jeunesse de la Montérégie in Longueuil. The way they operate is well-known and widespread. Young men belonging to street gangs hang around subway stations in Longueuil and even around schools. Young girls are seduced by gang members who, at first, vow to love and protect them and smother them with attention. Then the climate changes. The guys need money and ask the young girls to help them; they desensitize them with gangbangs, which are group rapes, before forcing them to become strippers and prostitutes.

We are talking about trafficking because those girls are dragged from apartment to apartment and lose their means of escape, because they may be beaten or drugged. Some girls from Quebec end up in Ontario. I am sure you have heard about this problem in the clubs close to the border, particularly in Windsor. Yes, those young girls are often runaways and come from dysfunctional families, but the pimps take advantage of them. In fact, they are not always runaways, because seduction is a weapon that can be used against teenage girls who may simply want to cut loose.

I will briefly take this opportunity to tell you about one of my concerns. It is important that the issue of trafficking does not overshadow the issue of prostitution. The two issues are closely connected, because, according to the Fondation Scelles, most prostitutes worldwide fall prey to human trafficking rings. I am very aware that it is easier to have a social consensus on an issue such as trafficking because the topic itself takes us back to slavery and the lack of consent. However, across Canada, we also have prostitution without trafficking, which is a more complex issue, less cut and dry, and no doubt more widespread, in terms of the number of victims. So we should not forget about this issue. Prostitution is not always linked to trafficking, whereas human trafficking for the purposes of sexual exploitation always leads to prostitution.

Let me explain. Some prostitutes who do not have a pimp are increasingly selling their services on the Internet. They tell their stories in the media and talk boldly about their life choices. In short, those are not trafficking cases. But does that mean that those voices that claim that women can choose to become prostitutes represent the majority of women who sell their bodies to survive? No, absolutely not. It may be comforting to think so, but it is wrong to believe that this freedom of choice is the norm. Even according to the lawyers representing those who call themselves sex trade workers and who have gone to Ontario courts, only 5% to 20% of prostitutes can make a profit from this lucrative business and do in fact make an informed choice.

The others, the vast silent majority, find themselves being exploited in violent situations that they did not choose and from which they cannot easily escape without outside help. They are vulnerable women who, in 70% to 84% of cases, have experienced abuse in their youth and have drifted into prostitution, often getting into drugs as a way to endure this type of exploitation. I have met with some of those women.

That is why we are against the decriminalization of clients advocated by the sex trade worker lobby. In fact, that would only further trivialize and increase this trade that objectifies women. That is actually what happened in places like the Netherlands.

In addition to the issue you are examining today, I would like to share with you our broader perspective on the matter, since you are in a position to ask for changes to the Criminal Code. One single model around the world has proven successful in protecting women against this fundamental violation of their right to equality. In Sweden, only the pimps and johns are criminalized. The penalties and consequences are harsh. The prostitutes are not prosecuted. They are provided with significant social services so that they can leave that environment and find a job. The Swedish model has worked.

Ladies and gentlemen, I encourage you to think about those issues. Beyond this bill on trafficking, which is important, there is the whole issue of the women who are trapped in prostitution.

Thank you.

May 6th, 2013 / 3:30 p.m.
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Conservative

The Chair Conservative Mike Wallace

Ladies and gentlemen, I'm going to call the meeting to order. We are waiting for two more guests, but we'll get started.

I want to thank everyone for coming to the Standing Committee on Justice and Human Rights, meeting number 72. Pursuant to the order of reference of Wednesday, March 6, 2013, we are dealing with Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

We have three witnesses. As you see in the agenda, we have until 4:45 and then we will go to clause by clause from there. We'll see how far we can get with it. Hopefully we can finish this today.

Our first set of witnesses, the group that is here, is from the Quebec Council on the Status of Women. We have Julie Miville-Dechêne and Nathalie Bissonnette here.

Then from the Salvation Army we have Naomi Krueger and Michael Maidment.

We'll start with a presentation of about 10 minutes from the Quebec Council on the Status of Women.

Thank you for coming.

May 1st, 2013 / 4:55 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Thank you, Mr. Chair.

Thanks to our witnesses for being here.

I will confirm right off the bat that trafficking in persons is an odious crime and that we need to have political and legislative means to combat it. Bill C-452 is therefore a step in the right direction, but more must be done. In your opinion, what other measures could be taken to try to prevent trafficking in persons?

Who wants to start?

May 1st, 2013 / 4:45 p.m.
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Madeleine Bourget Vice-President, Association féminine d'éducation et d'action sociale (Afeas)

Good afternoon.

There is a close connection between prostitution and slavery. Slave women are the first ones exploited in brothels, followed by women from the poorer classes. According to the UN, more people are bought, sold and transported for sexual exploitation or other purposes today than during the 300 years of slavery. Slavery, although abolished 150 years ago, is still practised in our modern societies. There were 11.5 million victims of the African slave trade, whereas there have been 33 million victims of trafficking for prostitution in Southeast Asia alone.

Trafficking has been carried on differently in recent years, in recruitment, transportation and accommodation, in order to exploit women and children, who constitute the majority of its victims. There were nearly 5 million victims of sexual exploitation between 2002 and 2011. Annual profits generated by the exploitation of trafficking victims are estimated at more than $30 billion. In many places, trafficking governs the “economic health” of the sex industries, which includes pornography, prostitution, sexual tourism and, as mentioned earlier, erotic massage.

There are far more human victims of trafficking for prostitution purposes than there are of trafficking for domestic exploitation purposes or to provide cheap labour. Between 70% and 80% of prostitutes in Canada started working as prostitutes when they were children. There were an estimated 10,000 child prostitutes in Canada in 1997. The mortality rate of women and young girls involved in prostitution in Canada is 40 times higher than the national average. Women prostitutes represent 15% of suicides reported by American hospitals, and the figures are similar for France.

Prostitution is a form of violence in itself. The first act of violence is to subject prostitutes to the sexual pleasure of their customers. The second violent fact is that 90% of individuals become prostitutes as a result of sexual, physical and psychological violence. Kidnapping, rape, slaughter—there are slaughter camps in several European countries where human beings are sold—terror and murder are part of the process of “manufacturing the goods”. These are ways used to render prostituted individuals “functional”.

In the 10 years from 1990 to 2000, 77,500 young foreign women were the victims of traffickers. From 1999 to 2010, 200,000 young foreign women suffered the same treatment. It is often minors who are sold. They have tens and tens of contacts per day. Trafficking and prostitution have risen sharply over the past decade.

The procurers, or pimps, make an enormous amount of money at their victims' expense. They come in various forms: a spouse, someone who places newspaper ads or travel advertisements, a person who says he is your friend, but who is not, or someone in whom you have placed all your trust. Prostitution is not an occupation one chooses freely: it is a system of sexual exploitation. Prostituting oneself means losing one's personality, one's identity, but especially one's dignity.

Legalizing prostitution does not protect women any more than it does children. On the contrary, creating brothels makes them prisoners of the violence of their procurers and customers. Customers are convinced that they can do anything, that they have every right because they pay. In prostitution, the exchange of money does not reduce the level of violence and does not prove that the victims are consenting. On the contrary, it is proof of the rapists' premeditation and of the procurers' profit.

There are no customers, but rather male prostitution users who buy impunity from rape. There are no women, men or children leasing or selling sexual services: there are only victims of sexual violence who, at some point, are forced or compelled to be raped by strangers.

For many, prostitution is a necessary evil, an evil for the woman, but necessary for many men in satisfying their sexual needs. Some people even believe that prostitution can help prevent rape. The Conseil du statut de la femme believes that it is not the best way to calm men's sexual impulses.

Abolishing all forms of prostitution means attacking the rapists' impunity and starting to acknowledge that women and children are full-fledged human beings whose physical integrity may not be violated.

Abolishing the prostitution system is the only solution for living in a humane society. Prostitution has been regulated in the Netherlands since October 1, 2000. That legislation is simply a failure since only 4% of prostitutes are registered. This was supposed to put an end to the prostitution of minors. The Organization for Children's Rights estimates that the number of child prostitutes in the Netherlands rose from 4,000 in 1996 to 15,000 in 2001, including at least 5,000 of foreign origin.

As the Dutch, Greek and Austrian experience has shown, the number of legal prostitutes originally from those countries is gradually declining and the number of prostitutes who are clandestine, illegal or victims of trafficking is on the rise. Legalizing prostitution thus has not improved the lot of prostitutes.

The prostitution of children has risen significantly since legalization. The number of illegal brothels now exceeds the number of legal ones. The illegal industry is now out of control, and trafficking in women and children from other countries has risen sharply. The consequence of legalizing prostitution in certain regions of Australia has been clear growth in the industry.

In 1984, Afeas wanted all prostitution rings to be dismantled and called for severe penalties be imposed on individuals living from the avails of prostitution. At their most recent annual provincial conference last August, Afeas members adopted several positions on prostitution. For example, the association called for the passage of legislation prohibiting prostitution, the criminalization of prostitution customers, social policies to assist individuals wishing to leave the industry and sex education programs in the schools promoting healthy, equal sexuality.

Afeas, which represents 10,000 Quebec women, supports Bill C-452. That bill is entirely consistent with the positions the association adopted at its last conference. It was drafted based on numerous consultations, particularly with officers of the Montreal Police Service's morality section and sexual exploitation of children unit, the Barreau du Québec and women's and victims' rights advocacy groups.

Measures must be taken to facilitate the arrest of procurers and customers. Human trafficking generates more money than drugs. As Ms. Dufour said earlier, there are no resources to assist victims, to accommodate them or to help improve their situation.

Thank you.

May 1st, 2013 / 3:50 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Thank you, Mr. Chair.

Welcome, Mr. Hooper and Ms. Legault-Roy. Thank you for coming today.

Mr. Hooper, you and I know each other very well. Timea Nagy is an amazing victim who has risen above and is now helping police officers and is doing a lot of very good work. Mr. Hooper, as a lawyer for her organization, I have to thank you for all your volunteerism and for the work you have done as well.

Taking a look at this issue, you have described very well what we're looking at. It can be the girl next door. It can be people from abroad. I remember when Timea Nagy first came into Canada. She was trafficked from Hungary, as you know, and she was in a much different place from where she is right now, as one of the leaders in Canada, in my opinion, for helping victims of human trafficking.

In regard to the case you referred to in terms of the forced labour, I know between Timea, Toni Skarica, and a few of us, we did a lot of work on that one.

Looking at this whole bill from Maria Mourani, as you know, Bill C-268 and Bill C-310 did certain things to help with this issue of human trafficking. I would like you to talk a little bit more about how Bill C-452 will help the victims of human trafficking, because that is the issue here, where the victims go to court and they won't talk. I know for the men in the forced labour case it was a horrendous experience, and they actually had organized crime from Hungary after them as well, trying to come into Canada. In Bill C-310 we authorized the assumption of extraterritorial jurisdiction so that Canadian prosecution could happen if Canadian citizens or permanent residents who commit human trafficking went abroad. Then we had an interpretive provision, which expanded the definition of human trafficking to enable the courts to bring justice to these perpetrators. Bill C-452 will help the victims as well.

Mr. Hooper, I would like you to expand on your explanation of how this bill would apply to help these victims. Could you do that for us?

May 1st, 2013 / 3:35 p.m.
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Robert Hooper Chair, Walk With Me Canada Victim Services

Thank you, Mr. Chair.

Walk With Me Canada was established by a survivor of human trafficking. Walk With Me was created with a commitment to ensuring that survivors have first response care and, secondly, with recognition that survivors should have a voice in developing a coordinated community response that can meet immediate crises and longer needs of trafficked victims.

Since its inception in 2009, Walk With Me has been working closely with various police services and has been able to provide unique services and support to many victims of human trafficking in Ontario and across this country.

Walk With Me Canada Victim Services' vision statement is transforming the lives of the victims of human trafficking while eradicating slavery in this country. The mission statement of Walk With Me Canada Victim Services is a survivor-led organization dedicated to raising awareness and providing education on issues of slavery, delivering and coordinating services, supporting victims to become survivors, and advocating action for change in our laws in this country.

In the last three years, Walk With Me has assisted over 200 men and women who have been rescued or left their position where they were trafficked for labour or, most often, for sex. Those we have helped thus far are both men and women, and their ages range from 14 to 45.

Several of these circumstances include multiple people being trafficked by the same person, which we think is very important in this bill. Often the word “stable” is used, and I apologize, but that's the word we often hear on the street. Some of the people, particularly in the sex industry, have a stable of young women, which makes the consecutive sentencing quite important to our organization.

Walk With Me operates a safe house and also provides first response assistance for trafficked persons. We are attempting to start and create second-stage housing for longer rehabilitation and reintegration into society for the people we help.

The bill itself, Bill C-452—the three amendments—is supported by Walk With Me Canada, with some modifications in the language, hopefully. It purports to make three amendments to the Criminal Code of Canada. They are to provide consecutive sentences for offences related to procuring and trafficking in persons; to create a presumption regarding the exploitation of one person by another and add circumstances that are deemed to constitute exploitation; and finally, the amendment is to add the offences of procuring and trafficking of persons to the list of offences where forfeiture of proceeds of crime would apply.

Walk With Me Canada supports all three amendments. Our support is subject to a review of the legislation for wording and overlap with some of the previous amendments made in Bill C-310.

On consecutive sentences for offences related to procuring and trafficking in persons, Walk With Me Canada's somewhat recent arrival on the scene does not allow us to have any scientific data for the committee with respect to concurrent sentences as opposed to consecutive sentences. A review of sentences with respect to trafficking in drugs and trafficking in persons shows that harsher sentences are handed out by our courts for drug trafficking than for trafficking in persons, either for sex or for labour. Not to make light of drug trafficking, but certainly the sentences are more harsh than they are for trafficking in persons.

Furthermore, Walk With Me Canada was involved in the largest human trafficking case in Canada, known as the Roma Hungarian labour trafficking case in Hamilton, where concurrent sentences were given to most of the offenders. The kingpin, Ferenc Domotor, was handed a significant sentence, but one that was concurrent.

At a post-sentencing gathering, where several of the victims attended after the sentence was handed down, we were able to discuss the court proceedings with the labour traffic victims. One of the young Hungarian men indicated he was not sure that the hell he had gone through was worth the trauma and post-traumatic stress he suffered, given the fact that the sentence was to be one sentence no matter how many victims were involved. Although he did not understand, in my view, concurrent versus consecutive, his assessment of the court proceedings and the sentence handed down by the court was that the amount served by Mr. Domotor would not have changed whether there was one victim or ten victims.

When this is coupled with the fact that multiple victims mean larger profits for the trafficker, consecutive sentences are a necessity for this heinous crime. Presently, a relatively low risk of having a more significant sentence for having two, three, or more victims of sex slavery or labour slavery is worth the financial gain. In other words, when you are able to garner upwards of $200,000 to $300,000 per trafficked victim in one year, and the only real risk in sentencing is a concurrent sentence for each additional victim, the trafficker is almost compelled to expand his business empire with little risk of significant ramifications to him in the criminal justice system here in Canada.

For those reasons, Walk With Me Canada supports this amendment.

Walk With Me Canada supports the amendment with respect to the “presumption regarding the exploitation of one person by another and adds circumstances that are deemed to constitute exploitation.”

Although the wording at first blush appears to provide some risk that innocent bystanders may be captured, the presumption is a necessary one for victims who are scared for their life. Some of the classic traits of trafficking in persons include threats to people's family, their own lives, and the lives of their friends. A lot of the time, the person has been transplanted from their roots to a foreign city, or even another country. As a result, being asked to testify is one of the scariest propositions of being rescued from trafficking.

In our experience, a lot of the women need to be removed from the city, or the province, for their own safety. The severe post-traumatic stress, anxiety, and depression that come with being victimized by their traffickers make testifying a deterrent, and it makes one reluctant to come forward. A reversal of the burden of proof, once a prima facie case has been put forward by the crown, is a welcome addition to the Criminal Code. Having the victim not testify, or not feel that her testimony is the only reason a police force will have to lay charges, will assist in the recovery process of victims.

Often, waiting for the Criminal Court proceedings to take place brings the recovery to a standstill, as they are singularly focused on their day in court, where they will have to face their trafficker again, and have the burden on their shoulders that the case will only be successful if they come and testify and put their life at risk.

For those reasons, Walk With Me Canada supports this amendment.

The amendment “adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.” There are many statistics with respect to the profits made by human traffickers. Some of these statistics include trafficking one young woman for a profit of $280,000 to the trafficker in one year. Other statistics show that a sex-trafficked woman between the ages of 12 and 25 years can generate illicit tax-free income for the trafficker in the range of $300 to $1,500 per day. A government table, which was attached to our submission, shows that the average daily profit for one trafficked woman is in the range of $900, and an annual profit in the range of $280,000. A trafficker with 10 young women in his stable could have an annual profit in excess of $3 million. Backpage.com, an example of which we attached, is a unique way to find women in this country. Our example shows that five women were advertised from 11 a.m. to 4 a.m. in one hotel room. Also, if you look at it, the ranges were from $60 to $80 per half hour and $120 to $180 per hour. I looked at the attachment, and in fact the young lady in that attachment is actually being advertised at $200 per hour. You can appreciate the amount of profit you can make if you have four or five people doing that for you on any given day. It should be recognized that this is illicit income, and it's not subject to taxation. This is clear profit.

We're also aware, from our victims, that initially they see some proceeds of their being trafficked, and they are given nice things. Very quickly, once they are brainwashed by the trafficker, they receive less and less of the profit or material items, and the money goes into the coffers of the trafficker.

Anecdotally, we're aware that in the labour trafficking in Hamilton, one of the people who pleaded guilty owned a house in Ancaster, Ontario, that was listed at $750,000. This amendment would've allowed the crown attorney to have that family forfeit the home as proceeds of crime. RCMP surveillance and the evidence given at the trial, which I attended, show that many of the traffickers also had several bank accounts with significant funds in them, including welfare funds. They also could have been forfeited if this amendment had been made previously. As a result, the labour trafficker received a concurrent jail sentence, and in all likelihood a deportation, but he was able to keep all of his assets, including his bank account and his house.

The profit made by organized crime, street gangs, and entrepreneurial men who prey on young women and men in this country, as well as immigrant people who come to this country, needs to be stopped. Along with consecutive sentences, the risk of forfeiting all of the profits and their assets will be a deterrent to this heinous crime.

For the foregoing reasons, Walk With Me supports the three amendments. We hope they will assist in securing convictions that make the punishment proportional to the severity of the crime and that cause the traffickers to be deprived of the profits from their illicit activities.

Thank you, Mr. Chair.

May 1st, 2013 / 3:30 p.m.
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Éliane Legault-Roy Responsible for communications, Concertation des luttes contre l'exploitation sexuelle

Thank you, Mr. Chair.

I will follow my brief because I am not very comfortable.

Today Concertation des luttes contre l'exploitation sexuelle wishes to reiterate its support for Bill C-452, which was introduced by Maria Mourani, the member for Ahuntsic.

We believe that, by targeting procurers and the profits of an exploitation-based industry, this bill will guarantee better protection for women engaged in prostitution and the victims of trafficking for sexual purposes.

Ms. Mourani's bill promotes a better understanding of the essential connection between prostitution and trafficking, both of which are based to a large degree on inequality and, to paraphrase Gloria Steinem, are created by the same customers who seek unequal sexual relations. Bill C-452 emphasizes that connection by including a subsection on sexual exploitation in section 279.04 of the Criminal Code, which concerns trafficking, and by attacking procuring, a definite step toward achieving equality between men and women in Canada.

In Canada, where most human trafficking is carried on domestically, there is demand for sexual services in all communities, in all provinces, but most of the time it requires that hundreds, even thousands of young girls be transported around the country to remove them from their families, friends and social networks and to erase all trace of them.

We also see that massive numbers of women are occasionally transported to specific regions of Canada to meet increased customer demand at sports and other events.

The clarification made before paragraph (a) of subsection 279.01(1) of the Criminal Code is important in having domestic trafficking recognized as an organized system similar in all respects to international trafficking and as something that must be punished as such.

The inclusion of the presumption of exploitation of a person following subsection (2) of that same section is also a clear measure in favour of the protection of women, who are the main victims of trafficking in Canada. The reverse burden of proof removes an enormous weight from their shoulders, as they are often afraid of reprisals if they testify and prefer to remain silent to having to relive their ordeal by testifying.

In addition, since 80% to 90% of women victims of trafficking are being used to supply the sex industry, we think they should be treated the same way as the victims of procurers, who are already subject to the reverse onus of proof, as provided by subsection 212(3) of the Criminal Code.

Lastly, by providing for exemplary and consecutive sentences and the forfeiture of the proceeds of procurers and traffickers, Bill C-452 clearly indicates that the commoditization of women, who are imported and exported, sold and resold for the benefit of men through trafficking, is a serious crime that deserves a clear sentence.

In conclusion, since the sex industry responds solely to profit and customer demand, it is imperative that we attack the sources of this market. That is why we at Concertation des luttes contre l'exploitation sexuelle believe that focusing on procuring and the forfeiture of proceeds generated by human trafficking, as Ms. Mourani's bill does, is the first appropriate, urgently needed step in addressing the problem of human trafficking for sexual exploitation purposes in Canada.

We also believe that, to affirm our solidarity with women who too often have no choice and to guarantee real protection for prostitutes, prostitution should be decriminalized. We hope that the Bloc Québécois and the other political parties will soon take action to that end and tackle the sex industry and the customers who support it head on.

In the meantime, we hail Ms. Mourani's initiative and hope that her bill is passed by all members of Parliament. This is a step in the right direction, one that gives us hope that one day we will move beyond the concept of individual choice and collectively assert the right of women, of all women, not to be prostitutes.

Thank you.

May 1st, 2013 / 3:30 p.m.
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Conservative

The Chair Conservative Mike Wallace

Ladies and gentlemen, welcome to meeting number 71 of the Standing Committee on Justice and Human Rights. Pursuant to the order of reference of Wednesday, March 6, 2013, we are studying Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

In our first hour we have two witnesses and in our second hour we have another panel of two witnesses.

Today, we have Éliane Legault-Roy from the organization Concertation des luttes contre l'exploitation sexuelle.

Thank you for coming.

From Walk With Me Canada Victim Services, we have Mr. Robert Hooper, who is the chair.

You both have 10 minutes to give an opening statement.

Please begin.

April 29th, 2013 / 5:25 p.m.
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Conservative

The Chair Conservative Mike Wallace

Okay. That's your time. Thank you very much.

Thank you, Inspector, and thank you, Sergeant, for coming here today and providing great feedback on today's bill.

I want to follow on with Monsieur Bélanger, that you are excellent representatives of your profession. We don't often get a chance to thank our police officers for the work they do in the field. We want to thank you for doing an excellent job, representing not only police officers from your respective police forces but policing in general across the country. Thank you for your efforts and your commitment to our communities.

Thank you very much for coming.

On Wednesday, we have two panels. There will be two witnesses in the first hour and two witnesses in the second hour, and we'll continue reviewing Bill C-452.

With that, the meeting is adjourned.

April 29th, 2013 / 4:40 p.m.
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Det Sgt Dominic Monchamp

Good afternoon. I would like to thank you for having invited me here today.

I have been working as a police officer at the Service de police de la Ville de Montréal, or SPVM, for 19 years, and have spent almost 15 of those years on sexual exploitation investigations. Today I have decided to speak to you about what is happening on the ground, to give you an overview of how human trafficking works and what tools Bill C-452 could provide to us.

What we have to understand is that victims of human trafficking do not come to the police. What is of note in this type of situation is that we have to conduct proactive investigations to find victims of human trafficking. That has to be our main concern. The section on human trafficking and Bill C-452 do not limit these victims' freedoms. Quite the opposite; they give police the tools they need to be proactive and save these victims. These people are victims of serious crimes that often are similar to torture.

It's very clear that people who have been raped, held captive, abducted and burned are afraid for their safety and for their lives. The victims are unanimous: when they finally agree to come to see us, they are terrified of dying. What they are most concerned about is not whether the individual who did this to them will be arrested; they want to be assured they will be protected if they speak out. The first reflex people have when they have lived through such atrocities for so long is not to go to the police. Instead, it is to try to get away, to try anything, but not to speak out.

This explains why, in 80% of the cases we handle, we go and meet the victims, but they refuse to speak to us or to provide a statement. The statement never happens because they are terrorized, or, from another perspective, because they don't consider themselves to be victims, based on the cycle. It is a long cycle, it was mentioned earlier that victims are manipulated, desensitized and seduced until they meet with the more violent aspects of human trafficking.

It is extremely interesting to note that the bill provides for presumption. I want to assure you that presumption does exist in investigation on the procuring of persons. It is already there but it does not give carte blanche to the police. It does not free us from having to produce proof beyond a reasonable doubt.

Here is an example of what presumption would allow us to do on the ground. Let's say that a trafficker controls six girls at the same time but that one of them manages to escape and does in fact agree to file a complaint. The other five will be terrorized, or not consider themselves to be victims, and will not want to do so. However, if there is presumption, we can use it and the testimony from the first victim as well as other investigation techniques to press charges regarding the other five victims. This is the kind of tool presumption would give us.

In other cases, we know that a trafficker controls a young woman. I could tell you about this kind of case all afternoon. If the young woman refuses to work, she will be locked up in the trunk of a car for an entire day or be made to kneel on an open rice bag in a living room somewhere all afternoon. We have the information; we know the woman works as a prostitute every day to bring in money, but we cannot build a case if she does not speak to us. However, with presumption and various investigation techniques, we would be able to press charges.

Human trafficking is a crime perpetrated over a long period, day after day, and it is often associated with other serious crimes such as kidnapping, forcible confinement, sexual assault, assault and death threats.

When human trafficking charges are laid, the charges that I have just described apply to 80% of the cases. Without making light of the seriousness of any crime of any type, we are not talking about a bank holdup. We are talking about predators who plan the exploitation of individuals, treat them as merchandise day after day, and take every possible step to make as much profit as they can, using these people.

Indeed, consecutive sentences for such serious crimes that have gone on for so long are clearly a deterrent. If you will recall the first part of my statement, when I mentioned that 80% of the victims will never come to see us, and when you think of the five- or six-year sentences that are given, and the fact that the victims want to be protected, you will understand that this will be extremely useful. I should also tell you that nearly all of the victims who finally agree to talk to us want to withdraw their testimony at some point in the process. Once again, it is for the same reasons; it is because they are afraid, scared, etc.

In one of the most recent cases where an individual was found guilty of human trafficking, the victim had to go back to court 15 times to be cross-examined by the defence in a way that defies description.

I apologize, I am somewhat emotional, but that is what I wanted to tell you. As for the rest, I would be happy to answer your questions.

April 29th, 2013 / 4:30 p.m.
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Inspector Gordon Perrier Inspector, Criminal Investigation Bureau, Division #43 (Major Crime Division), Winnipeg Police Service

Good afternoon. I'm honoured to be here today representing the Winnipeg Police Service, and I'm very pleased to speak with you on such an important issue.

Not unlike other urban centres in Canada, Winnipeg struggles with crimes of exploitation, procuring, luring, prostitution, and related criminal behaviour. Exploitation is not limited to cities or any one segment of our population. It's truly a community issue for all Canadians. Many of these crimes have their genesis in, or a connection to, human trafficking. I applaud the government for bringing into law specific sections of the Criminal Code to address these terrible events and give police real ability and methods to improve the lives of victims and stabilize those at risk. Legislation like this brings meaningful change to our communities and helps create a culture of safety.

The specific amendments in Bill C-452 including presumption of evidence for exploited persons, specific reference to a domestic context when speaking about trafficking, forfeiture provisions, and consecutive sentences are tangible items that both police and prosecutors have needed. Combatting exploitation requires a broad range of commitments on many fronts, and all the practices police and our partners employ come together when the laws are comprehensive.

Not unlike a puzzle, when pieces are put together you find strength and you can see the entire picture. To that end, I want to share with you some of our strategies and programs and methods as they relate directly to the current legislation and the amendments contained within Bill C-452.

The initiatives, strategies, and work practices of the Winnipeg Police Service have developed over a considerable time, always with a view to maximizing our resources, skill, knowledge, and abilities to address victim, community, or offender processes. For example, since 1990, officers of our sex crime unit have been part of a board that includes medical staff, a community outreach program called Klinic, victim service workers, and the RCMP. The goal of this group is to ensure that the practices and processes that are in place for sexual assault examination, interviews, and evidence gathering serve the interests of justice and the wellness, care, and dignity of victims.

Many victims these teams deal with are from exploited populations and we open doors for programming and longer-term care, and help make life changes.

Inside our service, we conduct yearly in-depth training on exploitation, sexual assault victim protocols, cycles of violence, and how to offer assistance. This training is mandatory for recruits and forms part of specialist training for all detectives.

In 2012 the child abuse unit partnered and helped found the Winnipeg Children's Advocacy Centre. This corporation is a child victims' centre governed by a board that includes police, justice, health, social service agencies, and victim services. The mission of this stand-alone centre is to facilitate multi-system collaboration and foster best practices in child exploitation investigations. Also, the centre ensures that victims receive sensitive and immediate support in a setting that puts their needs first. This set-up reduces system-induced stress faced by children who are victims of sexual or serious physical abuse.

The Winnipeg Police Service is also an active participant and contributor to the violent crime linkage system. More than two years ago, we changed our workflow internally and have a nearly 100% compliance rating for submissions and analysis. This has benefited local investigations and identified leads on cases that had run cold. These new leads have increased tenfold because of our changes in workflow and communication.

Since 2005, our integrated high-risk offender unit has been operating in partnership with the RCMP corrections and community groups. This unit aggressively monitors offenders for conditional order breaches and conducts surveillance operations on persons designated as a high risk to reoffend. They also facilitate Criminal Code section 810 order applications and public information notices.

Our missing persons unit was restructured in 2009. Currently, the unit manages approximately 6,600 missing person cases a year, many of which are chronic runaway children who need our help. We have developed a high-risk victim protocol strategy that aims to prevent the exploitation of youth and bring about stabilization in their lives. We do this by pairing a police officer and social worker together, shoulder to shoulder, to plan, manage, evaluate risk, and help each child as an individual. This program works. It brings a stable lifestyle to many and provides a real mechanism for police to identify those who prey on children in our malls, parks, and streets.

Finding missing kids is only the first part. We now probe further in these cases, and if we can bring charges of luring and of abduction of a child under 14 within the parameters of harbouring or concealing their whereabouts, we do so. Our vice unit is also involved in a number of tactics that focus on exploitation, prevention, and communication.

Deter and identify sex-trade consumer reports, or DISC reports, have formed part of our records management system since 2002. These reports often begin with front-line police officers conducting traffic stops. The information is automatically forwarded to the vice unit for analysis, and information such as behaviour, risk to the community, suspicious practices, or comments are noted and compared with ongoing cases.

Where children are potentially at risk, this information is shared with children's services, which have the ability under the provincial legislation to take proactive steps against the potential or actual offenders. The vice unit monitors known sex-trade websites and Internet advertisements daily. Undercover operations are conducted based on this information or these ads, and particular attention is given to exploitation, human trafficking, and child prostitution-styled ads. This has occurred for approximately five years.

The vice unit has regularly developed relationships with the Salvation Army; New Directions for Children, Youth, Adults & Families; Rossbrook House; Sage House; and the Native Women's Transition Centre Inc. These relationships have identified people who prey on the vulnerable for the purpose of forced entry into the sex trade. Vice investigations, human trafficking, cycles of exploitation and drug dependency, and techniques for helping sex trade workers are taught at recruit training and senior investigator levels.

In 2011, the Winnipeg Police Service assisted in the redevelopment of the curriculum for the province's core competency training course for understanding and working with sexually exploited youth. This exploitation training program is the only formal program in North America and is attended by social service workers, police, foster parents, health professionals, teachers, and corrections officers.

We also conduct programs to help both victims and offenders. Our prostitution offender program for johns began in 2002, and continues today. Approximately 50 to 70 offenders participate in this program each year. Conversely, our prostitution diversion program for sex-trade workers began in 2003, and also continues. Approximately 35 to 50 women complete multi-day, overnight programming each year. Police officers participate in all aspects of the program with social service workers, justice partners, and community specialists. Relationship building, trust, education, and change are our focus.

Our public campaign that is focused on exploitation, a sex trade reality check, has used public ads to raise awareness and to date has distributed more than 9,000 posters.

Another quarterly event is Project Return. This protocol includes social workers, both government and non-government, working with police during undercover police operations to assist with juvenile prostitution, treatment plans, and placement in safe, nurturing environments.

We have sponsored human trafficking training events in Winnipeg for police, crowns, and our partners to raise awareness and action. The Winnipeg Police Service has partnered on this subject with the University of Winnipeg and the University of Saskatchewan, by assisting doctoral students studying the dynamics of human trafficking and exploitation.

All of our practices have been looked at holistically in great detail over the last two years, and we recently realigned our missing persons unit and vice units within one division. All the units I spoke about previously are now contained in that division. This new division I speak of has been renamed the Specialized Investigations Division. This speaks to our commitment to victim-centred services, along with robust investigations that will bring those responsible for exploitation to account under the law.

In fact, Winnipeg police investigators just last year had a case where the specific human trafficking charges fell apart due to a number of factors, most of which were out of our control. Thankfully, investigators were able to regroup, continue the investigation on this gang associate, and bring about charges that resulted in a conviction and appropriate penitentiary term. This case had a procuring element, and it would have been both prudent and advantageous to continue the investigation from a forfeiture perspective.

Bill C-452 will provide opportunities and further accountability for those who offend. I can say with confidence that police are well versed in forfeiture investigation and presumption of evidence processes due to similar parallels and experiences in proceeds of crime law. The amendments in Bill C-452 will enhance our ability to remove the profit from exploitation crime. I know from my own experience as an organized crime investigator, that forfeiture and consecutive sentences work. Deterrence and breaking the cycle of profitability can change behaviour and prevent others from entering that offending cycle of behaviour, greed, and disrespect for others.

I do not have any direct recommendations today, but I do wish to express my hope that the resolve of legislators will not wane when it comes to human trafficking, exploitation, and improving the lives of all people within our borders.

Ladies and gentlemen, thank you very much.