As was necessary in the case of sexual offences and the amendments made to subsection 7(4) of the Criminal Code, it's our view that this amendment is necessary not only to deal with trafficking in persons outside of Canada but to prevent parties from infiltrating Canada, becoming permanent residents and/or Canadians, and then moving offshore to deliver persons trafficked to Canada to be exploited for labour or sex.
Proposed subsection 279.04(2) lists the factors that are proposed in the amendment. Walk With Me is in complete support of adding factors that a court may consider when determining what constitutes exploitation. The factors that are listed are necessary to give teeth to the legislation.
The position of Walk With Me is that these additional factors are required to assist courts in assessing the exploitation of persons in this country. Walk With Me thinks these factors will be extremely useful in reviewing the conduct of accused persons before the court system in Canada.
Some of the things our front-line workers have witnessed first-hand include victims being isolated; their passports and other official documentation being stolen; victims being forced to commit fraudulent acts, including those involving government forms; and the withholding of essential services, such as those for learning English as a second language or health.
In the Project OPAPA situation, some of the victims were not overtly threatened with violence or death, but a very subtle version of coercion was placed upon their lives. There was never an explicit threat to their safety, but the complete isolation of the victim, leaving him or her bereft of any dignity, help, or any hope, was used as a tactic to exploit those people. They were left with absolutely no avenue to escape, left to the unknown, without language, funds, or safety. Included in the systematic, subtle coercion was the removal of official paperwork, including immigration documents and passports, from these people who had recently come to Canada.
Also, there is often no direct threat, but a formula. It was best described by a police officer testifying at a bail review. He stated:
Well, place yourself, sir, in their shoes. They come to a country…they don’t speak the language. They've lost contact with their families. You have an individual who has offered them a better life. They are grasping for that. They are hopeful of getting a better life in this country.... And someone graciously pays their way here...only to find out that [they] are here to be used...[they] are here to commit acts that [they] may or may not commit...that the money [they] are promised [they] never receive. They come from a country where the relationship with the police is not particularly good; as a matter of fact they are very fearful of the police back in Hungary. And [they] come here, not speaking the language and all of a sudden [they] are embroiled in this horrendous drama, so everywhere [they] look [they're] fearful. The expression is better the devil you know than the one you don’t. They know no one else so they will go back.
Walk With Me fully supports the four factors enumerated in proposed subsection 279.04(2). They are very necessary tools for the court system.
Walk With Me front-line workers have witnessed the following activities by human traffickers in both the sex trafficking and labour trafficking situations: isolating the victim; withholding language services; withholding essential services, including health services; forcing victims to falsify government applications and documents; controlling their bank accounts and all their financial means; and taking control of their passports and/or their other immigration documents.
It is our view that these are but a few examples from the front line that show the absolute necessity to add the factors outlined in the proposed amendment to assist the courts in assessing such conduct of exploitation.
Walk With Me would ask the committee to consider the following recommendations: first, that the bill be amended by adding the offences listed in section 279.02, receiving financial benefit from trafficking in persons, and section 279.03, concealing, withholding, destroying travel or identification documents, to clause 1; and second, that the bill be amended to add as a factor to clause 2, “abuse a position of trust, power or authority”.
As chairperson of Walk With Me Canada, I'd like to take the opportunity to thank the honourable members for allowing us to present in front of the committee. We are very grateful and thankful for the work you're doing to eradicate slavery in this country.
Thank you.