John Maloney

[Criminal Code, September 26th, 2005]

Madam Speaker, as we have referenced, the Immigration and Refugee Protection Act has been a very successful act to prosecute those who traffic across the Canadian border. In April of this year the first charge was laid under the specific trafficking in persons offence, section 118 of the IRPA.

Additionally, a review of the Criminal Code cases from March of 2004 to February of 2005 identified at least 31 individuals who were charged with trafficking related offences which resulted in 19 convictions. The remaining 12 cases were before the courts.

The government saw a need and responded to that need. The effectiveness is being indicated and illustrated in the specifics which I just provided.

[Criminal Code, September 26th, 2005]

Madam Speaker, quite frankly, I am not familiar with the unnamed report to which the member referred so I cannot really make much comment on that. However with regard to loose immigration I take issue with that statement.

I personally have never heard of a situation where we would import people, whether it is men, women or children, to export to other nations. The member is nodding yes. I am certainly not familiar with activities of that nature. I think the suggestion that this goes on is reprehensible that we as a country would allow this. If the member would provide additional information I would certainly like to follow up on that.

However even in our study on prostitution and trafficking of women into this country, children were not referenced. Trafficking of women perhaps does go on but it was not as if they were trafficked here to go elsewhere.

[Criminal Code, September 26th, 2005]

Madam Speaker, I find that question most interesting and perhaps amusing. Certainly no member of this party and this government would pimp in the nature that the individual has suggested. That is shameful in my opinion.

We invite people to come to this country to perform certain labour. I would suggested that we had an isolated case a year or so ago but we definitely would not knowingly allow this to go on. In fact, when it came to the light of the authorities it was certainly investigated.

We are just concluding a study and certainly prostitution and the trafficking of women will be key items in the report. The government is addressing those situations. The forfeiture of documents is exactly what happens. Women could come to this country thinking they have legitimate employment only to find that their documents have been confiscated, that they owe a big debt to the individuals who brought them here and are then forced into prostitution to satisfy the debt. This is something that this committee will be looking at and will be making recommendations on so that this type of practice is discontinued.

[Criminal Code, September 26th, 2005]

Madam Speaker, the Immigration and Refugee Protection Act has been a vehicle through which these types of offences have been dealt with but generally speaking these are offences that cross borders and this act does deal with that.

This act also deals with exploitation but it is predominantly within the country. There is trafficking within our country from region to region and this is not covered by the Immigration and Refugee Protection Act. Now we have that base covered as well, which is very important.

[Criminal Code, September 26th, 2005]

Madam Speaker, human trafficking is all about the exploitation of victims which is why it is a key element of these amendments as we address exploitation directly.

Under these new offences, exploitation would be defined as causing a person to provide labour or services, certainly such sexual services, by engaging in conduct that leaves the victims to reasonably fear for their safety or the safety of others they may know, such as a child or a family member.

Another interesting aspect is that it would also apply to the use of force, coercion, intimidation or deception causing the removal of an internal organ. This is something that has not come forward today but it is certainly a growing concern within this country. Human organs and tissues are certainly things that some people would almost give their lives for because they will lose their lives if they do not get them. It is becoming a matter of increasing concern that people would be forced or intimidated to furnish their human organs for another's purposes and for profit.

[Criminal Code, September 26th, 2005]

Madam Speaker, I am extremely pleased to speak today to Bill C-49, an act to amend the Criminal Code (trafficking in persons).

The bill is important for many reasons. It is important because it would more clearly recognize and denounce human trafficking. It is important because it would provide increased protection to those who are most vulnerable to this criminal conduct, namely women and children. It is important because it would impose increased accountability for those who engage in it. It is important because it realizes what I believe is one of this government's most important commitments: the protection of the vulnerable.

Human trafficking, or the recruitment, transportation or harbouring of persons for the purpose of exploitation, has become the new global slave trade. We have heard this reference to slavery several times today and all the vileness such references conjure up. It is a practice that affects all countries, including Canada, and because of this it has become an issue of prominence and priority for the international community, for Canada and for us regionally, including my region of Niagara, together with the United States and Mexico as part of the new security and prosperity partnership of North America.

The United Nations has estimated that as many as 700,000 persons are trafficked around the world each year. UNICEF has estimated that as many as 1.2 million children are trafficked globally each year.

In May of this year, the International Labour Organization estimated that at least 2.45 million people across the world are in situations of forced labour as a result of human trafficking. Of these, it is estimated that 32% are trafficked for economic exploitation and 43% are trafficked for the purpose of commercial sexual exploitation, with 98% of these being women and girls.

Those estimates show that those at greatest risk of being trafficked are those who suffer social, economic and legal disadvantage, in other words, children and women who are typically trafficked for sexual exploitation purposes or for forced labour.

As a consequence, in support of a stronger response to this horrible crime, I am very pleased to rise today and speak in favour of these proposed reforms which would create three new Criminal Code indictable offences.

The main offence of trafficking in persons would specifically prohibit anyone from engaging in specified acts, such as recruiting, transporting, harbouring or controlling the movements of another person for the purpose of exploiting or facilitating the exploitation of that person. This offence would carry a maximum penalty of life imprisonment where it involves the kidnapping, aggravated sexual assault or death of the victim and to a maximum penalty of 14 years imprisonment in any other case. These are very significant penalties.

The second new offence would prohibit anyone from receiving a financial or other material benefit for the purpose of committing or facilitating the trafficking of a person. This offence would be punishable by a maximum penalty of 10 years imprisonment.

The third new offence would prohibit the withholding or destruction of documents, such as a victim's travel documents or documents establishing their identity for the purpose of committing or facilitating the trafficking of that person. This offence would carry a maximum penalty of five years imprisonment.

These reforms also recognize that the exploitation of the victims is at the very heart of the criminal conduct and so we are proposing to make exploitation an element of the trafficking offence itself.

There are many manifestations of human trafficking. Some of these can be addressed through the trafficking in persons offence in the Immigration and Refugee Protection Act which applies to cross border trafficking and addresses exploitation as an aggravating factor for sentencing purposes.

I believe that the proposed Criminal Code reforms would better enable us to address more forms of trafficking, including trafficking that occurs wholly within Canada. Ultimately, with the proposed Criminal Code amendments, law enforcement officials would have a significantly enhanced ability to ensure that the offence charged, whether it is under these new Criminal Code offences or under the Immigration and Refugee Protection Act, is the one that best responds to the facts of a specific trafficking case and best achieves our ultimate objective, namely the protection of the victim and effective prosecution of the offender.

I also understand that the proposed Criminal Code reforms have been developed in close collaboration with the interdepartmental working group on trafficking in persons which is currently developing a federal anti-trafficking strategy to coordinate and enhance federal anti-trafficking measures.

I understand that the strategy will focus on preventing trafficking, protecting victims and holding offenders to account in keeping with international standards. There is clearly a continuing commitment to address this serious issue beyond legislative reform. Right now these reforms will help us to achieve these ultimate objectives.

I really believe that the proposed reforms are important ones. They respect the commitment made in our throne speech and underscore our ongoing commitment to revisit our measures against trafficking in persons.

I therefore hope that all hon. members will support the proposed reforms.

[Criminal Code, September 26th, 2005]

Mr. Speaker, I would like some insight into how big a problem trafficking is. Is it a phenomenon that we have in Canada or is it a phenomenon restricted to developing countries? How big a problem is it for Canada?

[Health, June 28th, 2005]

Mr. Speaker, I am pleased to rise in the House today to commend Health Canada for its recent award presented by the United States Food and Drug Administration to acknowledge the work the department has done to enhance its ability to protect not just the health of Canadians but all North Americans.

The FDA Leveraging/Cooperation award recognizes Health Canada's commitment to addressing health challenges and furthering health goals. Canada's rigorous participation in the Canada-Mexico-U.S.trilateral cooperation charter has proven an asset for the citizens of our continent.

The trilateral group has increased communication and information exchange in the areas of drugs, biologics, medical devices, food safety and nutrition to protect and promote human health in North America.

Health Canada's award is an excellent demonstration of the efforts Canada is making to promote relations with our closest neighbours to the south, the U.S. and Mexico. This award represents our shared important goals: healthy scientific research, healthy citizens and healthy international relations.

[Civil Marriage Act, June 27th, 2005]

Mr. Speaker, I will be voting no.

[Civil Marriage Act, June 27th, 2005]

Mr. Speaker, I am also voting in favour.