House of Commons Hansard #168 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was ports.

Topics

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:20 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, this is an excellent question.

In my experience, one of the reasons why people go back to their abuser is economics. That is what it is. The partner was the person who brought home most of the money, or they simply cannot afford to live apart in two residences. What does that do? It brings two people together, back into what was an otherwise toxic relationship.

I could not agree more. There need to be more services for people, particularly women, particularly marginalized and indigenous women who are themselves the victims of intimate partner violence. Far too often we see, to borrow the member's term, an ecosystem set up that does not prevent future offences but actually fosters future offences because the two parties invariably get back together, whether it be for emotional reasons, economic reasons or geography. That is something we need to address. I thank the member for raising that very salient point.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:20 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, at the justice committee, we are currently studying bail reform, largely instigated on account of violence against police officers. Just a few months ago, Constable Pierzchala was murdered by a person who was out on bail. One of the charges was relating to inter-partner violence. I wonder if my colleague would have a comment on that.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:20 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, before I begin, our condolences go to Constable Pierzchala's family and anybody who has suffered from his passing.

It is not uncommon to see intimate partner violence joined by other offences. That is one thing that makes it so difficult. It can be a stand-alone defence. There could be a doctor who is alleged to have done this, or a lawyer, like me, or anybody. It spans all different socio-economic circumstances.

When I say “like me”, I mean I am a lawyer, not that I do these things. That is what I mean by that, because my colleague—

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:20 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, we are out of time.

Resuming debate, the hon. member for Saint-Jean.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:20 p.m.

Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, the Standing Committee on Justice and Human Rights examined the issue of coercive and controlling behaviour in intimate relationships to explore the possibility of considering such behaviour to be a criminal offence. This was done in connection with Bill C‑247, which was introduced in 2020. Members will recall that that bill died on the Order Paper when the government called an election that never should have happened because it did not change the make-up of the House whatsoever.

The purpose of Bill C‑247 was to add to the Criminal Code proposed subsection 264.01(1), which read as follows:

Everyone commits an offence who repeatedly or continuously engages in controlling or coercive conduct towards a person with whom they are connected that they know or ought to know could, in all the circumstances, reasonably be expected to have a significant impact on that person and that has such an impact on that person.

We are talking about a hybrid offence that would carry a maximum penalty of five years in prison. It was proposed that the justice committee carry out a separate study to consider coercive behaviour within the meaning of what was then Bill C‑247.

It is important to be very careful when discussing intimate partner violence. It is a very delicate and sensitive subject. Violent or coercive behaviour has no place in intimate relationships and should never occur. We all know that the goal of eliminating it completely will unfortunately never be achieved. It will always exist to some degree, which is why solutions must be carefully thought out before we write them into any legislation that would amend the Criminal Code. We must help victims as much as possible, but we must help them in the right way. Drafting legislation that properly reflects the intent of Bill C-247 is an extremely complex exercise.

The report illustrates this quite well. Witnesses and experts have many reservations and have suggested a number of changes. Penalties for coercive behaviour cannot be set out in just a few clauses, as much as we would all like that to be the case. Some countries already have these or similar tools in their criminal codes. It would perhaps be wise to study their systems more carefully and try to understand how these ideas could be transposed and adapted here.

The Criminal Code is a set of laws that create limits for what is and is not acceptable in a society. These laws can evolve over time, and they differs from one place to the next. We can draw inspiration from foreign laws, but we cannot simply copy them. That is a shortcut that could go awry, although it might be done with good intentions initially.

The Criminal Code already has provisions for people who are victims of violence. Even so, the problem is that women are generally reluctant to report. As my colleague from Kamloops—Thompson—Cariboo mentioned, there are also evidentiary challenges when witnesses cannot be convinced to follow through with their testimony to get someone charged because they still have an emotional connection to that person.

The other problem, in the case of psychological violence and coercive behaviour, is that victims may not realize they are victims until they are really trapped. Another thing to consider is that people who behave coercively do everything they can to isolate their victim. Without their network, victims find it very hard to report this behaviour, especially when their self-confidence has been eroded. Slowly but surely, a web is woven around the victim. This can happen to anyone, no matter their gender, age or social class. There is no such thing as a typical victim, no model that makes it easy to identify these victims from the outside.

A lot of awareness raising and prevention need to be done before we can come up with legislation that is comprehensive and effective. That is one of the recommendations in the report. It also talks about raising judges' awareness.

It is important to note that the Government of Quebec plays a lead role in many ways with respect to public awareness and prevention. In Quebec, things are networked, and resources are interlinked: education, health, social services, justice and public safety.

We have used the team approach for quite some time, which leads me to share my own concerns about the steps mentioned in the debate on this report.

Criminalization comes up over and over again. That is what is behind the creation of a Criminal Code section, but we do not talk enough about rehabilitation or even assistance. That may not be unusual because, as I just mentioned, on our side the assistance would be provided by the Government of Quebec and the provinces, which are responsible for social services.

I would like to address the fact that the bill says barely anything at all about striking a balance between criminalization and rehabilitation. There is also very little mention of it in the report.

Both the victims and their assailants need help, but Bill C‑247 did not mention the balance that needs to be struck. There was no mention of the possibility of providing help and upstream prevention.

I would like to conclude my speech on a positive note because all the work that was done by the committee is still very important. This work needs to be a precursor to a deeper, more tangible reflection on the opportunities available to us to try to legislate on this type of behaviour and, ultimately, help the people who are the victims of it directly or indirectly. That is really its primary objective. These victims are also often collateral damage and we need to think of them.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:25 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I rise on a point of order.

I ask for unanimous consent for the following motion. I move that, notwithstanding any standing order, special order or usual practice of the House, the motion to concur in the first report of the Standing Committee on Justice and Human Rights, presented Thursday, April 7, 2022, be deemed concurred in.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those opposed to the hon. member moving the motion will please say nay.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:30 p.m.

Some hon. members

Nay.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes has a point of order.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

1:30 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, members of the official opposition look forward to speaking to this important report further and have more to say.

The House resumed from December 2, 2022, consideration of the motion that Bill S-224, An Act to amend the Criminal Code (trafficking in persons), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

1:30 p.m.

Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am pleased to speak on Bill S-224, an act to amend the Criminal Code regarding trafficking in persons. I want to begin by acknowledging that we are gathered here on the traditional unceded lands of the Algonquin people.

The bill came to us on October 18 after having passed the other place; it proposes reforms to the definition of “exploitation” for the purposes of the Criminal Code's human trafficking offences. The bill seeks to protect victims and to hold human traffickers accountable. These are laudable and pressing objectives.

Human trafficking is one of the most heinous crimes imaginable, and it is often described as a modern-day form of slavery. It involves recruitment, transportation, harbouring and/or control over the movement of persons for the purposes of exploitation, typically sexual exploitation or forced labour. Human trafficking devastates victims and survivors, as well as their families, their communities and society as a whole.

In Canada, reported human trafficking data primarily relates to trafficking for the purposes of sexual exploitation. Traffickers seek to profit off the sexual exploitation of others, treating victims as commodities to be used for the traffickers' financial gain. Between 2010 and 2021, the large majority of individuals accused of trafficking were men, most commonly between the ages of 18 and 24. While we know that anyone can be targeted by a trafficker and become a victim of human trafficking, 96% of police-reported victims between 2010 and 2021 were women and girls.

Almost one in four, or 24%, of the reported victims, were younger than the age of 18; half, 45%, were between 18 and 24 years old; and one in five were between the ages of 25 and 34 years old. Moreover, women and girls were more at risk of being targeted by a trafficker when impacted by factors like poverty, isolation, precarious housing, substance use, a history of violence, childhood maltreatment and mental health issues. In short, traffickers look for young women and girls in precarious situations and target these individuals for financial gain.

We also know that indigenous women and girls are disproportionately represented among victims or those at risk of becoming victims of trafficking for purposes of sexual exploitation. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls notes several intersecting factors that increase the likelihood of being targeted by a trafficker. Those include systemic racism, violence against indigenous women and girls, intergenerational trauma linked to colonization, the lack of access to social and economic resources and colonial assimilation policies.

Traffickers likely target victims who experience these types of risk factors. The majority of victims are trafficked by someone they know. For example, nearly one-third of victims have been trafficked by a current or former intimate partner. In fact, some traffickers target and romantically pursue potential victims with the specific intent of exploiting them.

Traffickers will go to a great extents to keep victims isolated and unable to seek help. They often separate victims from those who could help them, hide them from the public, ensure they do not have access to support and may force victims to commit crimes while being trafficked, convincing them that they will be arrested if they try to seek help.

We also know that victims may be unwilling or unable to seek help for a number of reasons, such as distrust of authorities, which is often created or fostered by the traffickers themselves, or because victims are fearful, ashamed, not aware of their rights in Canada, experiencing language barriers, or have a desire to protect their traffickers.

After being trafficked, victims may experience post-traumatic stress and memory loss as a result of the physical, sexual, financial, emotional and psychological abuse they were subjected to while being trafficked. Many victims have both physical and psychological scars from being trafficked.

It is crucial to support victims and bring their traffickers to justice. I am reassured by the fact that the Criminal Code contains a strong legislative framework governing human trafficking that includes a specific offence of trafficking in persons, including trafficking in adults, trafficking in children, receiving a material benefit from trafficking in persons, and withholding or destroying identity documents to facilitate the commission of this crime, with maximum penalties of up to life imprisonment. Because human trafficking cases are complex, other offences may be used depending on the facts of the case, such as forcible confinement, assault, sexual assault and uttering threats.

Bill S-224 would strengthen this framework. I agree with the bill's sponsor that we must continue to reflect on how we can ensure the most robust legislative framework possible, and I am grateful that we now have the opportunity to do just that.

That brings me to my main concern with Bill S-224. The bill would repeal the Criminal Code's existing definition of exploitation, resulting in prosecutors no longer being able to rely on that definition in appropriate cases. The current definition of exploitation focuses on the impact of the trafficker's conduct on a reasonable person in the victim's circumstances.

I note that the existing definition was first enacted in 2005 and thus we have 17 years of jurisprudence interpreting it. I am pleased to be able to report that the definition has been interpreted broadly, as I have already noted, applied to human trafficking cases that have involved purely psychological forms of coercion. This is critically important because human traffickers often target victims due to their vulnerabilities, which make them easy to manipulate without the need to resort to more violent tactics. In particular, both the Ontario and Quebec courts of appeal have found that under such an existing approach prosecutors do not need to prove that the victim was actually afraid, that the accused used or threatened the use of physical violence or even that exploitation actually occurred. Prosecutors need only to prove that a reasonable person in the victim's circumstances would fear for their safety, that the accused engaged in psychological forms of coercion and that the accused either intended to exploit the victim or knew that someone else intended to do so.

If Bill S-224 were amended to add the proposed definition of exploitation as an additional definition that could be used in appropriate cases, prosecutors would have an additional tool to assist, ensuring that traffickers are held to account. Such an approach would strengthen the existing criminal laws in response to human trafficking without removing any of the existing tools that have been successful in achieving the critical objective of ending this heinous crime.

Since 2005 when human trafficking offences were enacted in the Criminal Code, Canada has continued to demonstrate leadership in combatting human trafficking. For example, in 2019, the Government of Canada launched the national strategy to combat human trafficking. The strategy is led by Public Safety Canada and is a five-year whole-of-government approach to addressing human trafficking. It frames federal activities under the internationally recognized pillars of prevention, protection, prosecution and partnership.

The objectives of Bill S-224 are laudable and I share the sponsor's concern about the serious impacts that human trafficking has on victims. I welcome the opportunity to study the bill.

Criminal CodePrivate Members' Business

1:40 p.m.

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, before I begin my speech, I want to commend the hon. parliamentary secretary for giving so much of his speech in French. That takes effort and the results speak for themselves. I want to congratulate him on that.

This bill “amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.” As my hon. colleague from Saint-Jean said a few sitting days ago, the Bloc Québécois supports the principle of this bill.

It is imperative that we discuss all of the tools that could help authorities combat this scourge, which is getting worse with population movement and the growing number of refugees. This bill also responds to the demands of several human trafficking survivors' groups and would make the definitions of exploitation and human trafficking more consistent with those set out in the Palermo protocol, which Canada signed at the beginning of the millennium.

The bill is very simple but very important. It removes a phrase from the Criminal Code so that an accusation under these provisions must be based on the fact that the victim believes that a refusal on their part would threaten their safety or the safety of someone known to them.

According to the International Justice and Human Rights Clinic at the faculty of law at the University of British Columbia, asking victims to demonstrate that they have reasonable grounds to fear for their safety may be an obstacle to obtaining convictions for human trafficking.

Elements of the offence of human trafficking are more difficult to prove than those of other similar offences. For example, the Immigration and Refugee Protection Act, which prohibits human trafficking, does not require the person involved to prove that they fear for their safety. This standard is no longer appropriate.

Let us look at the chronology of legislation against human trafficking. In 2002, Canada ratified the Palermo protocol, a “protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime”.

Article 3 clearly defines trafficking in persons as follows:

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs . . . .

That is the definition.

That is how human trafficking came to be added to the Criminal Code in 2005. The Canadian definition, however, is different from the Palermo Protocol definition in that the issue of consent or the victim's sense of safety is taken into consideration. Thus, the victim must prove that they were in danger if they refused to be exploited.

In human trafficking cases, regardless of whether the victims were initially willing or felt safe, victims should never have to justify the circumstances under which they were lured into the situation in order to prove they were trafficked. Human trafficking is not limited to sexual exploitation, as we have already heard. Traffickers exploit their victims in many ways, including for forced labour. It is important to remember, for example, that even if victims did consent to come to Canada, they did not consent to the forced labour or sexual exploitation to which they may have been subjected afterwards, especially if they end up being dependent on someone because of isolation, lack of resources or language barriers.

Section 118 of the Immigration and Refugee Protection Act, passed in 2002, makes it a criminal offence to “organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion”. Although human trafficking and human smuggling are two different concepts, the act also prohibits human smuggling into Canada.

In 2005, Bill C-49 added three offences related to human trafficking to the Criminal Code, as well as a definition. The offences include trafficking in persons; receiving a financial or other material benefit from the commission or facilitation of trafficking in persons; withholding or destroying a person's identity documents, such as a passport, whether authentic or not, for the purpose of committing or facilitating trafficking in persons; and exploiting another person in the context of trafficking in persons offences.

In 2008-09, the first case involving a charge of human trafficking under the new law was ruled on in adult criminal court.

In fall 2008, a 20-year-old woman went to Peel Regional Police to report that a 22-year-old Ontario man named Vytautas Vilutis was using intimidation and threats to sexually exploit her. She said that she made $10,000 for him in just a few weeks through online Craigslist classified ads. She added that he took her phone calls, set up her “dates” and kept track of her appointments, so he knew how much money she owed him each morning. It was not until he threatened her for not leaving all the cash out for him one morning that she reported him to police. Vytautas Vilutis pleaded guilty in April 2009 to charges of human trafficking and receiving a material benefit from human trafficking.

He was convicted under both provisions and was the first person in Canada to be convicted for benefiting from human trafficking. In 2010, another section was added to the Criminal Code, setting out a mandatory minimum sentence for persons charged with trafficking of persons under 18. That was Bill C‑268.

In 2012, the Criminal Code was amended to allow the prosecution of Canadians and permanent residents for the offence of trafficking in persons committed outside Canada, and added factors that judges may consider when determining whether exploitation occurred. That was Bill C‑310.

In 2015, mandatory minimum sentences were imposed for the main trafficking in persons offence, receiving a material benefit from the proceeds of child trafficking, and withholding or destroying documents to facilitate child trafficking. Bill C‑452 was put forward by my political party.

In 2019, the Hon. Ralph Goodale, Minister of Public Safety and Emergency Preparedness, released the national strategy to combat human trafficking 2019‑24. With $75 million in funding over 6 years, this strategy followed the Palermo protocol. The national strategy to combat human trafficking 2019‑24 was adapted from the previous five-year plan.

It was adapted due to some deficiencies identified during policy assessment, namely that most of the resources were being allocated to the fight against sexual exploitation whereas forced labour is a growing issue. This is nothing new, but it is being increasingly recognized and discussed.

Bill S-224 is part of a long legislative quest to combat human trafficking, which is extremely important. In closing, I would like to paraphrase author Ralph Champavert and say that the stigma of human trafficking will disappear when the sun of human dignity rises in all hearts.

Criminal CodePrivate Members' Business

1:45 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I am pleased to rise to speak on this private member's bill because I think there is no one in this chamber who would disagree with the concern that trafficking in persons is a serious problem in Canada. New Democrats will be supporting this bill and sending it to committee for further study, but we have some cautions here in this debate.

The first of those, of course, is that quite often one says trafficking in people, presumably they are talking about trafficking for sexual purposes. That is a serious problem that we need to address but trafficking also has many other forms in Canada. The one that tends to get neglected the most is forced labour. We have people who were brought here from outside of the country who are forced to work in terrible conditions at less than minimum wage and are deprived of their opportunities to pursue other ways to make a living or to get their rights recognized in Canada. When we are talking about this bill which intends to amend the definition of trafficking, we have to make sure at committee that whatever definition we ultimately adopt covers the full range of those nefarious practices of trafficking from sex trafficking to forced labour and everything in between.

My second caution is that if we are, as this bill proposes, changing the very definition of trafficking, we have to be very careful not to have unintended consequences from making a change in the definition. Here I am reflecting the views of the Canadian alliance for sex workers, who are very concerned that changing this definition will have unintended consequences on sex workers, which will make their working conditions more difficult and less safe.

At committee we are going to need to hear from those who are most impacted by this possible change to the Criminal Code. That will include sex workers. We will also need to hear from advocates for those who have been subjected to forced labour. The committee is going to need to take its time in making sure we can get those witnesses who have real life experience of trafficking to bring to the committee, to make sure we do not inadvertently, by changing the definition, exclude people from the definition who should be covered or cast the net too widely and include too many people in that definition of trafficking.

I have said this before on this bill, and I will say it again, that we know what actually works in combatting trafficking. That is additional enforcement resources. Many police forces simply do not have the resources available to devote to trafficking cases that they would like to have and that they need. Many municipal forces have established special units to deal with trafficking. Those provinces that have provincial police forces have done so, but quite often they lack adequate resources. We need to pay attention in talking about a narrow definitional change in the Criminal Code, to this question of the resources for enforcement, because we know that is very effective.

The second thing that is very effective in combatting trafficking is providing resources at the community level so that those who have been trafficked or are being trafficked can escape from the trafficking and providing safe passage for them out of those situations. Again, that is largely a question of resources for those community-based organizations that provide those services and those exit ramps for those who are actually being trafficked.

I do believe it is a complex situation that is being addressed by a very simple bill, so it is going to behoove the justice committee to take a lot of time to make sure, as I said, that we actually cover the full scope of trafficking in Canada and that we do not inadvertently include people who have not been trafficked in that definition, and that we hear from those who will be most affected by those changes at committee.

With that I will conclude my remarks for today. We will be supporting sending this bill to committee.

Criminal CodePrivate Members' Business

1:50 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I am excited to add my voice to this debate on Bill S-224 as well, and I want to acknowledge the hard work of the sponsor of this bill, Senator Ataullahjan, who worked hard to steer it through the Senate, and the MP for Oshawa, who has been working hard with stakeholders and survivors to advance this bill, since 2019 actually. Both of these members are members of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, an organization of which I am one of the co-chairs. I want to thank all of the folks who are members of that organization for their help as well.

Human trafficking is a form of modern-day slavery that turns people into objects to be used and exploited. It is vicious, it is profitable and it is growing here and around the world. I often say that human trafficking is happening within 10 blocks or 10 minutes of where one lives. Even in my large rural riding in northern Alberta, we have had human trafficking cases as well. We know that the vast majority of human trafficking victims in Canada are female, young and indigenous. The reality is that anybody can become a human trafficking victim, so this is a critical issue.

There are many survivors, frontline organizations and law enforcement people working to bring justice for victims and stop human traffickers, but our human trafficking offences are not accomplishing what we want them to do. Here in Canada, we are not fully aligned with the Palermo protocol that Canada signed over 20 years ago. Specifically, within the human trafficking offences in section 279 of the Criminal Code, there is a definition of exploitation that states:

a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide... the labour or service.

The problem with this definition is that it places the burden of the offence in the mindset of the victim rather than in the actions of the trafficker, as the Palermo protocol calls for. The actions that traffickers use are threat of the use of force or coercion or threats to other people. They use fraud or deception or the abuse of power or the abuse of vulnerability to enslave another person.

UBC law professor Janine Benedet testified at the committee and said that the challenge with the existing definition of the Criminal Code is that:

we've adopted a definition that is much narrower and much harder to prove than the definition of trafficking that you will find in the Palermo protocol.

The definition of exploitation in Canada requires a proven threat to safety, and does not extend to keeping someone in prostitution through the exploitation of a condition of vulnerability, which is part of the Palermo definition.

...police and prosecutors are shifting trafficking cases over to these other offences, because it's so difficult to actually prove the very narrow and strict definition of trafficking [that is in our law].

As I have stated before, the burden of proof should never be on the mindset of victims, many of whom are not even initially aware that they are being trafficked. Police officers have told me over and over how they have met victims whom they know are being trafficked, but because the victims do not live in fear of their traffickers, the officers' options are very limited. I have met with survivors, NGOs and law enforcement across Canada, and the one issue that comes up at every meeting is that we need to be in full alignment with the Palermo protocol. This bill is critical to Canada's efforts to target and apprehend pimps and traffickers.

To emphasize the difficulty in securing convictions over existing trafficking offences, I want to share the conviction statistics from Stats Canada, which notes, “Less than half of detected incidents of human trafficking result in the laying or recommendation of charges.” For a 10-year period, between 2011 and 2021, the majority, 81%, of completed adult criminal court cases involving at least one human trafficking charge were stayed, withdrawn, dismissed or discharged. During the same time, only 12% of these cases resulted in a guilty decision. Putting it another way, only one in eight completed human trafficking cases resulted in a guilty decision.

Finally, every human trafficking case is half as likely to result in a finding of guilt as a case involving sexual offence or a violent crime. This is tragic. Canada is failing the victims of human trafficking and our law enforcement officers, who work so hard to investigate and apprehend these traffickers. This is not a new problem. Survivors and NGOs have been speaking out about this for years.

Back in 2014, a report entitled “Ending Sex-Trafficking In Canada” from the National Task Force on Sex Trafficking of Women and Girls in Canada recommended our alignment with the Palermo protocol, and every year, the U.S. trafficking in persons report, on its file in Canada, urges Canada to amend its Criminal Code to include a definition of trafficking as exploitation as an essential element of the crime consistent with international law.

The Conservative Party of Canada has had this in our platform since 2019, and a few years ago, the Alberta government launched a nine-point action plan to combat human trafficking. The implementation of that was spearheaded by my friend Paul Brandt, who chaired the Alberta Human Trafficking Task Force. He has done an incredible job. The first priority of the action was to adopt the Palermo protocol definition of trafficking.

Canada needs to do much better in its fight against human trafficking, and the bill is an important start. The tragic reality of human trafficking is that it has not been a priority for this government. For example, bills such as Bill S-224 and Bill S-211 are the result of individual MPs and senators who worked hard to address the gaps experienced by survivors and stakeholders.

A lot of work has been done to support this and has been driven by the All Party Parliamentary Group to End Modern Slavery since we launched in 2018. Our goal is to ensure that Canada is free from all human trafficking and to increase awareness around that. We have four co-chairs, one from each official party, and we recognize the immense value of working across political lines to combat human trafficking. That is why, three years ago, we were able to get the House of Commons to finally recognize February 22 as Human Trafficking Awareness Day.

However, when we look at the legislation that the government has introduced over the past eight years regarding human trafficking, it is taking Canada in the wrong direction. Government legislation has blocked consecutive sentencing for traffickers after it has been adopted by Parliament. It reduced some of the human trafficking offences to hybrid offences, meaning that traffickers get away with as little as a fine. More recently, the Liberals have extended house arrest to some human trafficking offences. Who benefits from all of these changes? It is pimps and traffickers. I would also note that the government allowed the national action plan to combat human trafficking to expire in 2016 and refused to bring forward anything for almost four years until weeks before the 2019 election.

The Liberals' 2019 national strategy to combat human trafficking says a lot of good things, but it is just that: It says a lot of good things. Unlike the Conservative Party national action plan, the strategy has no targets and no measurables. That is why, four years after it being announced, the survivor-led advisory committee on human trafficking has still not been set up. The voices and lived experiences of victims and survivors are essential for this success. I am hoping that we can get that set up soon. Canada must have a zero-tolerance approach to human trafficking that centres on the voices of survivors.

While we often talk about sex trafficking in Canada, we know that forced labour is also very tragic and happens here in Canada. Victims of forced labour can be found in restaurants, the agricultural industry, the mining sector, live-in caregiving situations and manufacturing. Just two weeks ago, the York Regional Police announced that 64 men and women from Mexico were trafficked to work in Ontario. I want to thank the police for their hard work on these things and the officers who apprehended these traffickers and rescued these victims.

Around the world, now more than ever, there are more than 50 million people in some form of slavery, which is up from 40 million pre-COVID. It is more than the population of our country, and more than ever in human history. Worldwide, slavery is a multi-billion dollar industry that generates more than $150 billion annually. This is why I am so pleased to support the bill before us today so we can end human trafficking here and around the world.

Criminal CodePrivate Members' Business

2 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Oshawa has five minutes for his right of reply.

Criminal CodePrivate Members' Business

2 p.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, as my colleague said, many people have been working on this for a long time. He mentioned 2019, but it has been going on a lot longer than that.

I want to take this opportunity to thank certain key people: Senator Ataullahjan, who brought this forward in the Senate; Senator Boisvenu for his advocacy; and colleagues here in the House, who took time this afternoon to speak to this bill, especially my colleague from Peace River—Westlock and the member for St. Albert—Edmonton.

I want to thank key staff members, Rhonda Kirkland from my office and Joel Oosterman, as well as many stakeholders, including Holly Wood from BRAVE, the Durham Regional Police and all the victims, victims' groups, moms and dads, survivors and workers. Of course, I also want to thank my constituent, Darla; through her courage, her story of human trafficking across the Canada-U.S. border became one of the great motivations for this bill. Instead of allowing the experience to define her, Darla brought it to the attention of her community leaders.

This bill, although a small step, is a step in the right direction. We need to move towards modernization and change. Instead of seeing a decrease in human trafficking, this modern-day slavery, we are indeed seeing this practice expand. Things are getting worse. We are hearing more and more about human trafficking. Police data indicated that human trafficking increased elevenfold between 2010 and 2016. This is why the bill needs to pass as soon as possible.

The bill's purpose is to align Canada's Criminal Code with that of the 2000 Palermo Protocol. It removes the unfair burden placed on exploited individuals, who must prove under current Canadian law that there is an element of fear in their abuse in order to obtain a conviction in court.

Again, let us pause on this very point. There is no debate about it: A horrible crime of human trafficking has occurred. However, under current Canadian law, the victim is required to prove fear in order for a conviction to occur. This is absurd and backwards. The victim should not be forced to prove their state of mind. For example, if there were absolute proof of a human trafficking crime, would the offender be convicted if fear could not be proven? That is absurd.

Everyone agrees that we should not treat human trafficking victims so differently. Things need to change, and time is passing. The Palermo Protocol was adopted over 20 years ago, and Canada signed it then. This bill makes a very small change, and I want to read it into the record:

For the purposes of sections 279.‍01 to 279.‍03, a person exploits another person if they engage in conduct that

(a) causes the other person to provide or offer to provide labour or a service; and

(b) involves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.

This is a very short amendment.

It has been over 20 years. Let us make the commitment today to pass the bill, which I think every member could get behind. The statistics are ominous. Human trafficking generates $32 billion annually, with over 40 million victims every year. Fewer than 8% of perpetrators charged with human trafficking have ever been prosecuted. Few perpetrators are even charged with the crime.

Human trafficking is happening today within 10 blocks or 10 minutes of our home, as my colleague just said. Traffickers search out young people who are homeless, addicted or traumatized: our most vulnerable.

This is the story of so many victims and survivors. I am standing here today for Darla and all the vulnerable individuals who are facing or have faced the crime of human trafficking. I am so proud and optimistic, listening to the speeches of my colleagues here in the House; it appears that the bill will get its day in committee. We are open to hearing from experts to see if we can make the best bill possible.

Everybody is in agreement that we have to abolish modern-day slavery. We need to urgently address the accelerating increase of human trafficking in our communities. I look forward to moving the bill to committee and fulfilling a promise of 23 years, a promise to victims and survivors, and a promise to Darla.

Criminal CodePrivate Members' Business

2:05 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodePrivate Members' Business

2:05 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Madam Speaker, I request a recorded division.

Criminal CodePrivate Members' Business

2:05 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Pursuant to order made on Thursday, June 23, 2022, the division stands deferred until Wednesday, March 22, at the expiry of the time provided for Oral Questions.

It being 2:09 p.m., the House stands adjourned until Monday, March 20 at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

I wish everyone a good week in their ridings.

(The House adjourned at 2:09 p.m.)