CPC-2 would add a new clause in the bill. That would become clause 6.1, which would add a new consecutive sentence rule for repeat human trafficking offences. Specifically, it would add a new Criminal Code section—proposed section 279.031, which would immediately follow section 279.03. It is for someone being sentenced “for a second or subsequent offence under sections 279.01, 279.011, 279.02 or 279.03”. If you look at the Criminal Code, this constitutes a number of ways human trafficking can take place, including the trafficking of minors. The sentence must “be served consecutively to any other sentence imposed...for an offence arising out of the same event or series of events.”
Leaving aside what I anticipate to be Liberal concerns about stacking consecutive life sentences, and leaving aside that life sentences for human trafficking are next to impossible to establish....
I'll look to government officials to see if they can point out one decision of binding authority in this country that sets the bar that high—a life sentence for a human trafficker. I remember, as a young lawyer, being upset by a decision by one of my local judges, and the lack of significant penalty. I had naively argued for a maximum penalty, as a young Crown. I remember this very seasoned judge telling me, “Mr. Brock, I appreciate your passion, but maximum penalties, short of murder, are generally confined to the worst type of offender committing a predicate offence under the worst set of circumstances. I've yet to find that worst type of offender.”
We know human trafficking is an absolute scourge on society, and that it is prevalent—particularly in Ontario, and particularly in my riding. All the local hotels adjacent to the major thoroughfare of Highway 403.... We have a number of hotels, and there isn't a day that goes by when my local police service, the Ontario Provincial Police or the Six Nations Police Service aren't conducting surveillance on trafficking happening in those hotels. It happens every single day. I know the trafficking of indigenous women and girls has been a plague on Canadian society for far too long; they are disproportionately impacted. We, as parliamentarians, ought to be taking a very serious position when it comes to consecutive sentences for human trafficking. Anything less, in my view, is a derogation of our responsibility of keeping victims and Canadians safe.
I suppose the amendment itself can be tweaked, because, in my understanding—officials, correct me if I'm wrong—the imposition of a life sentence depends on aggravating factors. It depends on age, among other factors.
Let me ask you two questions.
First, am I correct in terms of the imposition of a life sentence for unique aggravating factors under the human trafficking regime?
Second, are you able to rebut my comments about a dearth of case law out there, if any, that would establish any particular judge—in any province or territory, at any particular level, including appellate courts—ruling or upholding a life sentence for trafficking?
This is for anyone.