Honourable Chair, members of Parliament, on behalf of SCION project, I would like to thank you for the invitation to speak to you on human trafficking.
SCION project is a collaborative effort between MOSAIC, a Vancouver settlement organization that for the past thirty years has been helping newcomers integrate into Canada, and the Sisters of the Good Shepherd, an international Catholic religious congregation located in over 70 countries, an NGO holding a special consultative status with ECOSOC at the United Nations.
Since the end of 2002, we have become more and more involved with the question of human trafficking in collaboration with the Canadian Council for Refugees, the RCMP, the provincial Ministry of the Solicitor General, and other NGOs in the Vancouver area.
In our work we have recognized major problems in the protection of victims of trafficking. The usual definition used is an adaptation of the Palermo Protocol. However, many NGOs have been highly critical of the protocol, notably because it addresses trafficking within the context of organized crime rather than from within the framework of migrants' rights. The protocol does not acknowledge the responsibility of states for creating the conditions within which trafficking flourishes. It frames anti-trafficking measures as migration control measures. Because of this criticism, many NGOs have a much broader view of what was meant by coercion than is meant by authorities, thus leading to uncertainty as to who is a victim and who is not for the purposes of regulations.
Even though Canada has signed the Convention against Transnational Organized Crime and its protocols, it has not incorporated the protection aspects into Canadian law. For the first few years, victims of trafficking continued to be looked on as criminals, and some still are, or at best, illegal migrants, and were rapidly deported. Thus, the only ones getting protection were the traffickers themselves.
In 2004, the RCMP in B.C. were able to offer some sort of protection on an ad hoc basis to victims, and in May 2006, a small positive first step to protection was introduced with the issuing of guidelines for temporary residence permits for victims of trafficking. Regrettably, the government did not consult with NGOs before these guidelines were issued, and since they do not involve new regulations, there are many gaps and problems that will limit their use. There is also no acknowledgment of the special needs of children, who are also covered by the Convention on the Rights of the Child.
The automatic notification of CBSA and/or police on application will be looked on with mistrust by potential victims who are unsure of their status, especially those who self-identify. Many NGOs already fear that a negative decision will lead to deportation, as the person would now appear on CBSA's radar screens. This would not be a problem for those uncovered by police, since they are already known.
Secondly, a potentially bigger problem that may not yet be recognized by many NGOs, because it is not explicitly expressed in the guidelines, is that these permits will be issued only to those who have no status in Canada. Those with legal visitor visas, work permits, student visas, etc., will not receive a TRP but will keep their other visa. The visitor visas, student visas, etc., do not give the victims access to services, so they will not be of much help.
Victims with a TRP of six months or under cannot apply for work permits. I realize the first permit is for reflection only, but how easy will it be to get further ones longer than six months when it is left to the discretion of the officer?
Third, and maybe the most serious problem, is that there is no money allocated to finance services to victims; therefore, there are still no services.
I believe B.C. and Quebec are the only two provinces seriously looking at providing services, and B.C. has a plan that I have included as annex A. However, without financial resources, it cannot be implemented. How can victims with a TRP, which doesn't even allow them to work, provide for themselves for months?
Fourth, the guidelines do not provide for victims who want to return to their country. There is no provision for a dignified return for those wanting to return home. In fact, they may end up in a Catch-22. They can get a TRP and ask their own country to pay for their trip, but many countries are not helpful for a variety of reasons. They can be deported from Canada, but this will not be done if they have a TRP, because they have status. They would have to let the TRP lapse and have no services. Plus, a deportation is not a dignified departure, and they will still be considered illegal immigrants, not even being able to return to Canada without ministerial permission. In all of these scenarios, Canada does not recognize its responsibilities and the fact that it was Canadian demand that brought them here in the first place.
Decriminalization of prostitution is often recommended to cut down on trafficking. I believe in decriminalization of victims because it will allow them to report abusers much more freely, but complete decriminalization of the sex industry has not worked in helping the victims in countries that have tried it. In fact, in many cases, things have worsened. Only about 15% have registered, because even though the work is legal, many still don't want to be identified as sex workers. There will also be those with medical problems who can't register, but that doesn't mean they will stop working. Many don't want the additional expenses of taxes, registration, medicals, etc.
It is also naive to think that pimps and johns, who are often violent, will become less violent because the work is now legal. Victims who are afraid of them will not readily report them, just as battered wives rarely report abusive husbands. It will be more dangerous, because it will be harder for police to get warrants to check on brothels because they are now legal. Brothel owners will be able to get work permits for foreign workers who may, in reality, be victims of trafficking, just as some of the tabletop dancers are victims. It just gives them better coverage.
Finally, the one group that is never considered in the question of decriminalization is the families of the johns. They, too, have rights to be protected. Instead, what I suggest is that Canada look at the Swedish model, which has apparently proven to be helpful.
These are our recommendations: that NGOs be consulted on future guidelines, regulations, and services to be provided; that financial resources be made available for services to victims of trafficking; that dignified and safe arrangements be made for victims who wish to return to their own country; that protection and services to victims be put into Canadian law; and that persons who are not victims of the narrow interpretation of trafficking, but who are victims of exploitation and other criminal offences, be given some sort of protection from automatic deportation if they self-identify.