Okay, Mr. Chair.
There are subclauses 3(1) and 3(2), and what we're proposing to do is delete 3(2) so there will no longer be a 3(1), there will just be a clause 3. Those are the two parts of it.
Now I'll give you the rationale for why we're proposing to delete subclause 3(2).
This clause would create a new definition of exploitation for the purposes of trafficking offences, which would include specified means such as the use of force, fraud, deception, and abuse of authority, or a situation of vulnerability. Subclause 3(2) is vague and includes concepts that have not been interpreted by Canadian law, and is therefore likely to confuse. Moreover, the issue that this amendment proposes to address was already clarified by Joy Smith's Bill C-310, An Act to amend the Criminal Code (trafficking in persons), which enacted an interpretive provision that stipulates factors the court may consider in determining whether an accused exploited another person for the purposes of the trafficking provisions.
These factors include whether the accused used force, or deception, or whether the accused abused a position of trust, power, or authority.