Thank you for the opportunity to address the committee on human trafficking. I'd like to begin by acknowledging that I'm speaking from the traditional unceded territory of the Anishinabe nation.
I propose to provide a brief overview of the relevant international legal framework, Canada’s criminal law framework addressing human trafficking and relevant jurisprudence. I will also highlight some of the department’s work supporting implementation.
Canada ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons in 2002. This treaty includes a definition of “trafficking in persons” in article 3, which requires three elements to be present: an act, such as recruiting, transporting or harbouring another person, which is effected through specific means, such as coercion, abduction, deception or the abuse of a position of vulnerability, and for the specific purpose of exploiting that person. Rather than defining “exploitation”, article 3 gives examples of exploitative conduct, such as sexual exploitation or forced labour, which require proof of coercive practices.
In 2002, the Immigration and Refugee Protection Act was amended to include a human trafficking-specific offence that applies in transnational cases only. It is in subsection 118(1). This offence does not require proof of an exploitative purpose. Rather, the offence only requires proof that the accused committed a specific act, such as recruiting, transporting or harbouring a person through specified illicit means, such as abduction, deception, force or coercion.
In 2005, the Criminal Code was amended to include trafficking in persons-specific offences in sections 279.01 to 279.03. The main trafficking offences don't require proof that the act element was effected through illicit means. Rather, the offence only requires proof that the accused committed a specific act, such as recruiting, transporting or harbouring a person for the purpose of exploitation.
Exploitation is defined, given that criminal provisions require clarity. Specifically, exploitation occurs where a reasonable person in the victim’s circumstances would believe that their physical or psychological safety were threatened if they failed to provide the labour or services required of them.
Relevant Ontario Court of Appeal jurisprudence clarifies that the definition of exploitation does not require proof that the victim was actually afraid—only that a reasonable person in the victim’s circumstances would be. The court also explains that exploitation is to be interpreted broadly and that it captures both physical and psychological forms.
In a subsequent decision, the court upheld the accused’s conviction in a case that involved abuse of power, but no violence or threats, and found that a broad range of factors are relevant when assessing whether conduct amounts to exploitation as defined in the Criminal Code. These factors include any power imbalance between the accused and the victim, victim vulnerability due to age or personal circumstances and the conduct employed by the accused to extract labour or services from the victim, such as physical or psychological coercion, deception, directive behaviour, control of finances or monitoring the victim’s communications with others. Other appellate courts have followed this jurisprudence.
It is well established that human trafficking offences can be difficult to prove regardless of how they are framed. As noted in Statistics Canada’s 2020 human trafficking juristat, prosecutors may struggle to secure convictions, including because the trauma to which victims are subjected may create difficulties in recalling the relevant events, resulting in victims being perceived as less credible. Victim support and trauma-informed care, therefore, are critical to both healing and successful prosecutions.
To assist with implementation, justice officials regularly train law enforcement on the legislative framework, as well as related issues, such as victim vulnerability and the importance of fostering relationships of trust.
This is done in the context of the RCMP's Canadian Police College human trafficking investigator's course. It's a 10-day course. Justice officials are also working with their provincial and territorial counterparts to update the 2015 federal, provincial and territorial publication, A Handbook for Criminal Justice Practitioners on Trafficking in Persons. It's anticipated that the updated version will be ready for public release by the end of 2023.
That concludes my remarks. I welcome any questions you may have.
Thank you.