moved that Bill C-310, An Act to amend the Criminal Code (trafficking in persons), be read the third time and passed.
Madam Speaker, I am delighted to have the opportunity to speak to my private member's bill, C-301, an act to amend the Criminal Code (trafficking in persons).
I would like to begin by thanking the member for Ottawa—Orléans who graciously agreed to exchange spots in the order of precedence so Bill C-310 could be debated on March 30, 2012. I also want to thank the member for Kitchener—Conestoga, who without hesitation agreed to exchange spots so that Bill C-310 could be debated today instead of May 31. The selfless actions of these members have allowed Bill C-310 to proceed sooner and place important legal tools into the hands of prosecutors and law enforcement.
I also want to thank the hon. members on the Standing Committee on Justice and Human Rights for their work on the bill at committee stage.
Bill C-310 would amend the Criminal Code to add the current trafficking in persons offences, 279.01 and 279.011, to the list of offences which, if committed outside of Canada by a Canadian or permanent resident, can be prosecuted in Canada. Bill C-310 would also amend the definition of exploitation in the trafficking and persons offence to add an interpretive aid for courts to consider when they are determining whether a person was exploited.
The first clause of Bill C-310 was amended at justice committee to include the two other human trafficking-specific offences: the material benefit offence in section 279.02 that prohibits receipt of a financial or other material benefit from the commission of a human trafficking offence; and the offence of withholding or destroying documents, such as travel or identity documents, to facilitate human trafficking in section 279.03. This ensures all human trafficking offences are covered by extraterritorial jurisdiction.
The second clause of Bill C-310 recognizes that courts and law enforcement would benefit from an interpretive provision to provide clear guidance on what exploitation consists of. This clause was also amended by the Standing Committee on Justice and Human Rights. The committee's amendment simplified Bill C-310's proposed listing of conduct and made it more consistent with the way other similar clauses in the Criminal Code are drafted. It now reads:
In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused (a) used or threatened to use force or another form of coercion; (b) used deception; or (c) abused a position of trust, power or authority.
This wording provides clear examples of common exploitive methods used by traffickers in cases of sex trafficking and forced labour. It is also consistent with a similar clause in the Criminal Code and international protocols on human trafficking.
The justice committee also heard from key stakeholders regarding the importance of Bill C-310, including representatives from Walk With Me, Beyond Borders and Dr. Amir Attaran, a University of Ottawa law professor and expert on extraterritorial law.
Timea Nagy, program director of Walk With Me, was herself a victim of human trafficking. She said:
Walk With Me’s position is that this [Bill C-310] is a necessary and desperately needed amendment to the Criminal Code of Canada. ...Conceivably, as the Criminal Code presently stands, a Canadian citizen or a permanent resident could set up an office in eastern Europe and traffic in human persons to Canadian soil without the threat or worry of prosecution when they return to Canada.
Ms. Nagy knows that well because she herself was trafficked from abroad.
Roz Prober, president of Beyond Borders testified. She said:
Beyond Borders early on endorsed this bill, as it includes child sex traffickers.... It is essential, to ensure global justice for children, that Bill C-310 is supported by this committee.
Dr. Amir Attaran, a faculty of law professor at the University of Ottawa, stated:
...Bill C-310 is a very helpful bill. It's necessary. It's constitutional. It definitely should pass....The heart of the bill is really those provisions that clarify the meaning of exploitation and trafficking and that make trafficking a Canadian crime worldwide.
In closing, once again, allow me to express my sincere gratitude to the courageous members who have supported Bill C-310. By working together in this House, we can all effectively combat human trafficking in our country, as well as abroad.
I look forward to your assistance, Madam Speaker, in helping Bill C-310 become law, and I look forward to all members of the House helping Bill C-310 become law just as quickly as possible. Innocent victims are waiting for this.