Thank you very much, Mr. Chair.
Today I will be speaking to Bill S-224, a non-partisan bill that passed unanimously in the Senate on October 6, 2022.
This bill had its start as Bill C-461, which I was honoured to present in the House on June 17, 2019. Unfortunately, it died on the Order Paper.
I want to thank Senator Ataullahjan for taking up the cause and successfully stickhandling this through the Senate. I want to thank Arnold Viersen for his unending commitment to ending human trafficking. I also want to thank an amazing community of supporters, victims, moms and dads, survivors and many other stakeholders.
I want to share the experience of a survivor that I heard recently at a forum organized by the All Party Parliamentary Group to End Modern Slavery and Human Trafficking. Alexandra spoke to us about her experience, saying:
I walked into the commercial sex industry at 20 years old. I was an adult, over the age of consent and able to make informed decisions for my own body. I believed that I was taking control of my sexuality by using it for personal gains. I never thought of my boyfriend as a pimp. And I certainly never considered my situation to be trafficking. It wasn't until 10 years after my experience, that I was informed I was trafficked.
She went on:
This is the reality you need to understand: I made choices and I was manipulated. I believed I was a consenting, empowered adult and I was exploited by my boyfriend.
Had the police intervened in Alexandra's situation under our current laws, it's unlikely her case would have fit what they look for, as it's focused on the victim's mindset, and she wasn't afraid.
The purpose of the bill is to align Canada's law so that it is consistent with international law aligned with the Palermo protocol—a protocol that we as a country ratified in 2002—and properly places the focus on the actions of the trafficker. It will facilitate convictions against those who participate in human trafficking in Canada by amending the Criminal Code's definition of exploitation and human trafficking offences, so that the Crown is no longer required to prove a reasonable person in the victim's circumstances feared for their safety or the safety of someone they know. This will put the onus on the perpetrator rather than the survivors.
Our current code reads as follows:
279.04(1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all [of] the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.
In contrast to our definition, the Palermo protocol views human trafficking as having three distinct elements: the act, the means and the purpose. Human trafficking is defined as the act of recruiting, transporting, harbouring and receiving a person by means of coercion, abuse of power or deception for the purpose of exploitation. This is not reflected in Canada's Criminal Code.
Colleagues, we have a serious lack of convictions here in Canada. The latest statistics from Stats Canada are really compelling. They were released in May 2021 and showed the serious challenge that police face when trying to get a conviction, and it's only getting worse. When examining court decisions from 2018-19 by charge, overall, the vast majority—89% of human trafficking charges—were stayed, withdrawn, dismissed or discharged. Less than one in 10—seven per cent—of the charges resulted in a guilty finding.
Now, I want members to pause and to think about the situation in Canada for victims of human trafficking. A crime is committed. There is no debate as to whether or not the acts have occurred, yet under Canadian law the victim is required to prove fear in order for a conviction to occur.
To emphasize the absurdity of the situation, let's apply this requirement to another crime. Imagine that someone I know comes up and stabs me. How would I prove fear in that situation? Would the offender be convicted if there were proof of their crime but fear could not be proven? I ask you, why do we treat the crime of human trafficking so differently? Human trafficking is a scourge, mostly on vulnerable young people and their families, across Canada.
This overdue change is consistently brought up in conversations by stakeholders across the country and internationally. Vulnerable young people often think of their abuser as their friend and think their abuser cares for them and loves them. Often, the Crown's case depends on the victim's testimony, the only evidence against the trafficker. Without the victim's testimony, there is no case. In Canada, it sometimes takes years to come to court. There, the victims can be victimized again and again. Usually a conviction is not obtained.
The Palermo protocol was adopted in November 2000. It has 117 signatories, including Canada, and more than 22 years have passed, yet this small but important change is still not reflected in our Criminal Code.
Human trafficking is on the rise. Traffickers seek out young people dealing with substance abuse, traumas, addictions, abuse and homelessness. Women and girls, indigenous children, new immigrants, persons living with disabilities, LGBTQ2+ persons and migrant workers are among the most at-risk groups.
We need to give victims every tool possible to allow the return of their dignity, their humanity. Bill S-224 is another tool, and it is a long-overdue change.
Thank you, colleagues, and I look forward to your questions.