I'm just kidding, Mr. Chair.
We propose that subclause 2(2) be amended.
This clause proposes to add a presumption that an accused is exploiting a trafficking victim if they are shown to be habitually in the company of that person.
Our proposed amendment would ensure that the clause creates a true presumption, consistent with the existing Criminal Code presumptions, such as that found in subsection 212(3) of the code. Presumptions enable prosecutors to prove a required element of the offence by proving a fact related, which is not an element of the offence.
As currently worded, the proposed presumption does not accomplish this objective, primarily because the presumed fact that the accused is exploiting the victim, is not actually an element of the trafficking offence.
Our amendment would also ensure that the proposed presumption applies equally to the child trafficking offence in subsection 279.01(1), as enacted in June 2010 by Joy Smith's private member's bill, Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).