Joy Smith

[Health, September 16th, 2009]

Mr. Speaker, Canadians know that our government is hard at work preparing for a potential second wave of the H1N1 pandemic and we are focused on ensuring that Canadians are informed and protected.

Could the Minister of Health provide the House with an update on co-operative efforts in this regard with the provinces and territories?

[Motion in Amendment, September 15th, 2009]

That is good, Mr. Speaker. I have spent two minutes asking a question of members across and I think it was a good question. Now I will continue to speak at report stage to my private member's bill, Bill C-268.

First I would like to take a moment to thank the member for Abbotsford who kindly agreed to exchange spots in the order of precedence. The member has been a strong advocate of protecting our most vulnerable citizens.

I would like to make it clear that the bill was not introduced to address or solve the complex and clandestine nature of human trafficking. I want to assure members that I certainly believe that Canada can and must do more to combat the trafficking of humans within our borders and abroad.

Since being elected, I have championed a national strategy to combat trafficking in persons. I thoroughly agree that there are many root causes of human trafficking that must be addressed and resolved.

I believe that a legal system that routinely criminalizes victims of trafficking must be changed to restore dignity to the victims. The same legal system that ignores the men and women who provide the demand must also be addressed.

I can go on with many more initiatives, but that is a debate for another day.

This evening we are debating a motion by the Bloc Québécois to gut the heart of Bill C-268, to remove the mandatory minimums that form the intent and scope of the bill.

Bill C-268 was drafted with one clear intention: to create a separate offence for the traffickers of children in Canada and to ensure that the penalties reflect the gravity of the crime. This followed considerable consultation with victims, NGOs, and law enforcement representatives.

The bill would also bring parity between Canada's legislation and that of many other countries.

Dr. Mohamed Mattar, executive director of the protection project at the Johns Hopkins School of Advanced International Studies, points out that many states have specific provisions in their anti-trafficking legislation or criminal codes guaranteeing enhanced penalties in cases of trafficking in persons, including a crime committed against a child victim.

The United States, for example, has a minimum sentence of 15 years for trafficking cases where the victim is under 14 years of age, and a minimum sentence of 10 years where the victim is between 14 and 18 years of age.

The current legislation in the Canadian Criminal Code does not distinguish between age and offers a penalty between 0 and 14 years in most cases, and up to life in other cases. The suggestion that those who traffic minors could face no time in jail is not speculative.

The limited convictions in Canada for the trafficking of minors have more often than not resulted in sentences that are grossly disproportioned to the offence.

Last year, Montreal resident Michael Lennox Mark received a two-year sentence, but with double credit for the year served before his trial, the man who horrifically victimized a 17-year-old Montreal girl over two years walked out of jail a few days after being convicted.

I have spoken previously of Imani Nakpangi, who received a sentence of three years for the offence of trafficking a 15-year-old Ontario girl. After selling her body over and over each day for two years, raking in profits of at least $360,000, Imani Nakpangi was credited 13 months for time served.

There are few other injustices that can compare in severity to the utter devastation caused by the enslavement and auctioning of a human being, especially when this is a child. I am certain that no honourable members would dare contest this statement, yet there are members in the House from the Bloc Québécois who proudly oppose the bill, claiming it is a bad law.

Let us be clear about one thing: the opposition of the Bloc Québécois to mandatory minimums for the trafficking of minors is not only reprehensible, it is unacceptable in our country. To openly oppose serious penalties for those who sell and abuse the bodies of minors does not just suggest approval for this horrific abuse of human rights, it virtually endorses this grave form of exploitation.

Over the summer, the Bloc Québécois member for Marc-Aurèle-Fortin first suggested that Bill C-268 is a bad law because it has no minimum sentence for aggravated factors. This concern was addressed at the Standing Committee on Justice and Human Rights, and a minimum sentence was added for aggravated factors.

Then the Bloc Québécois member went on to argue that it was a bad law because it contained mandatory minimums.

In fact, during the second hour of debate on Bill C-268 on April 1, 2009, the Bloc member for Hochelaga stated that parliamentarians will acknowledge that the Bloc Québécois' positions are consistent, that they have never been comfortable with mandatory minimum sentences. Yet, in 2005, Bloc MPs supported and even moved amendments containing mandatory minimums for the sexual exploitation of children. So what has happened since 2005? I implore Bloc members to be consistent today and support mandatory minimums for the trafficking of minors.

Finally, the Bloc Québécois argued that the bill is a bad law because it would result in scenarios where employers would receive a minimum sentence of five years for not providing proper wages to teenagers. This is an absurd suggestion. No prosecutor would bring human trafficking charges against an individual who commits labour infractions by underpaying a teenager.

The bill has nothing to do with labour laws. The Bloc is attempting to take the focus off the abuse and sexual exploitation of women and children by attempting to make the bill something it is not. For an elected representative of Canadians, this is completely irresponsible.

Maybe the Bloc does not believe this type of exploitation occurs in Quebec. The Bloc Québécois seems to think the worst form of exploitation occurring in Quebec is paying young people wages that are below the legal minimum. I have news for them. Canadian girls and boys from across our country are being sold for sexual exploitation and forced labour. This harsh reality exists even in Quebec, regardless of whether the Bloc acknowledges it or not.

With one exception, that is the hon. member for Ahuntsic, who courageously stood alone in support of this bill, the Bloc Québécois is the sole entity in Canada that has voiced opposition to mandatory minimums for child traffickers. The Bloc Québécois has chosen to stand against legislation that upholds Canada's commitments to the UN optional protocol to the Convention on the Rights of the Child, on the sale of children, child prostitution, and child pornography.

Our children are not for sale. The price of inaction will cause us to have a lost generation. With this amendment, the Bloc Québécois has forfeited an opportunity to stand up for the victims of this modern-day slavery. Instead of fighting for the rights of children, it fights for the rights of the traffickers.

Years ago, a member of the British Parliament, William Wilberforce, a great abolitionist and personal hero of mine, was known for his eloquent speeches in the British House of Commons. In one of his speeches on the abolition of slavery he captured the essence of what motivates me to combat this modern-day slavery. He said:

Never, never will we desist till we have...extinguished every trace of this bloody traffic, of which our posterity, looking back to the history of these enlightened times, will scarce believe that it has been suffered to exist so long a disgrace and dishonour to this country.

History will remember those who fought against this evil trade and it will certainly not forget those who are complacent when faced with it.

Mr. Speaker, I apologize. After the last speech I thought we were going into questions and answers, because I had just finished the last debate. I was so taken by the absurd comments made across the way that I did ask that question.

I can assure members opposite that the top lawyers in this country worked on that bill. As one can see from my website at www.joysmith.ca, there is support from hundreds of law enforcement agencies, a letter from the chief of police of the Toronto region of Peel, and a lot of support from people all across this country.

I believe the Bloc Québécois is ignoring what Canadians want. They want to obliterate traffickers from Canadian soil.

[Motion in Amendment, September 15th, 2009]

Mr. Speaker, I have a couple of questions.

I heard today that my bill makes no sense and that it was just drafted arbitrarily. I am wondering how the top lawyers in the country feel after listening to the hon. member, such as Professor Benjamin Perrin who was last month cited as Canada's hero for his work in human trafficking. He teaches, has worked at the Supreme Court and has worked in this Parliament. He is now a professor at the UBC Faculty of Law. He was one of the lawyers who helped me draft this bill.

I believe the real motivation behind the speeches today from members across is the fact that they have no intention of protecting children, the innocent victims of child traffickers. They have no intention of standing up for children in Quebec and all across Canada to protect them from these perpetrators.

Do I not have a right as a parliamentarian to be emotional about traffickers who want to sexually exploit young children? Is that not what we should be passionate about in this Parliament of Canada?

[Canada-Colombia Free Trade Agreement Implementation Act, September 15th, 2009]

Mr. Speaker, clearly this is one of the major aspects about the free trade agreement. Building prosperity in a country does much to enhance the justice and the focus on the vision that individual Colombians can have for their lives.

We know right now there are issues in Colombia around ex-combatant children. It is estimated that 11,000 or more Colombian boys and girls have been participants in the army. We know people have been displaced. We know the exploitation forms of child work and HIV is a growing threat and human trafficking has been a threat. A free trade agreement is one more tool, or one more piece of the puzzle, that builds the prosperity in a country that will enable people to have a new vision for their lives.

A few minutes ago I talked about the homicide rates dropping by 44%. That is worth noting. As well, kidnappings have decreased by 87% between 2002 and 2008. These are some very good reasons why the free trade agreement is a real positive thing for Colombia.

[Canada-Colombia Free Trade Agreement Implementation Act, September 15th, 2009]

Mr. Speaker, some of his comments I have to disagree with and perhaps ask my hon. colleague to double check some facts.

When we talk about murder rates, the homicide rates have dropped by 44% in Colombia and moderate poverty has fallen from 55% to 45%. Many very positive things are happening in Colombia now.

When we talk about this business with unions and free trade, a very poignant point is the new project coordinated by the United Nations development program. By bringing together, for the first time, the Colombian government and Colombian labour unions, a lot of good things will result from that.

When they conduct a joint evaluation of violence against union leaders and organized union members together and develop new ideas to provide legislation for their protection, we take a step in the right direction. This trade agreement is a step in the right direction for both countries.

[Canada-Colombia Free Trade Agreement Implementation Act, September 15th, 2009]

Mr. Speaker, as many of my hon. colleagues have reiterated over the course of this debate, trade and investment can help a nation like Colombia move through troubled times and create new opportunities for people, opportunities for them to thrive and prosper.

Colombia has made remarkable strides and showed great resilience toward bringing about an end to this conflict. Colombia has an established democracy, a growing economy, a responsible government, an active civil society and stable institutions.

Over the last six years, the personal security situation of the vast majority of Colombians has improved. Illegal armed groups have been weakened. This progress is acknowledged by the global community and international organizations that are present in Colombia.

The government of Colombia has also taken positive steps that demonstrate its continued effort to curb violence against trade unionists, fight impunity for the perpetrators of such crimes and promote security and peace within a framework of human rights protection and the rule of law.

Nevertheless the Government of Canada recognizes that challenges remain in Colombia and is supporting efforts in Colombia to strengthen peace, security and full respect for human rights.

Colombia continues to experience the effects of over 40 years of conflict and violence and it is all too often Colombian civilians suffer the most. Clearly, for all of Colombia's progress and ongoing effort, it is vital for Canada and other countries to pursue policies of engagement and support for peace in Colombia.

Canada has taken this call for international responsibility seriously. Our Americas strategy recognizes the need to pursue three priorities, which are prosperity, security, democracy and human rights, all vital issues that intersect in a very compelling way in Colombia.

Prosperity is of course an important aspect of this engagement. As many hon. members have rightly stated, trade creates opportunity and opportunity generates prosperity. Prosperity, when pursued with full respect for the rights of all members in society, offers incentives for individuals to move out of the networks of conflict and criminality and into the legitimate formal economy.

Prosperity, in short, can make its own contribution to the improvement of stability.

However, while a commitment to expanding economic opportunities is an essential ingredient on long term stability, prosperity alone will not bring an end to complex and long standing conflicts, such as Colombia's. For this reason, Canada aims not only to promote prosperity, but also to strengthen peace building efforts and respect for human rights. Canadians can be very proud of our steadfast role in assisting our Colombian partners along with path.

My esteemed colleague spoke yesterday about the important work being done by CIDA in this complex environment. The member from St. Boniface did that again this afternoon.

I would like today to make special mention of the contribution Canada is making through the Department of Foreign Affairs Stabilization and Reconstruction Task Force, which can be referred to as START, and the Global Peace and Security Fund, GPSF.

Since 2006, START has developed $14.5 million in conflict prevention and the pursuit of justice for conflict victims in Colombia. With a program of $5 million from the GPSF, this fiscal year alone START provides vital support for increased stability through conflict resolution activities, often in partnership with key democracy, rule of law and human rights related institutions.

Canadians can be rightfully proud of the range of work that has been carried out by START through the Global Peace and Security Fund.

For example, Canada is one of the largest donors for mine action in Colombia. From 2003 to 2008, working primarily through the Organization of American States and UNICEF, START has contributed more that $3.7 million for humanitarian demining, stockpile destruction, victim assistance, mine risk education and mine action coordination.

We are also one of the largest supporters of the Organization of American States' mission to support the peace process in Colombia. The OAS' mission is doing critical work on behalf of the international community to support peace and to monitor the demobilization process of over 30,000 former illegal paramilitary combatants in that country.

Canada's contribution goes far beyond disarming combatants and removing the destructive ordinance of war. We are also placing the rights of victims at the forefront of our peace-building efforts.

Canada was one of the first countries to step forward in support of Colombia's truth, justice and reconciliation process. We have developed new partnerships with Colombian, Canadian and other international civil society organizations to protect the rights of vulnerable groups, including women, indigenous peoples and Afro-Colombians.

This year, for example, START is supporting Lawyers Without Borders Canada to provide international accompaniment and legal assistance to threatened Colombian human rights defenders. Lawyers Without Borders' work will help Colombian indigenous communities in conflict-affected areas to receive legal representation and pursue justice for past crimes through the Colombian legal system.

START is also providing over $1 million this fiscal year to provide legal representation for women victims of sexual violence as a result of the conflict. Canada's assistance is ensuring that hundreds of women are provided psychosocial support in dealing with crimes against them. Our work has enabled some of the first trials under Colombia's justice and peace law to seek justice for these sexual crimes.

Another new project, coordinated by the United Nations Development Program, is bringing together, for the first time, the Colombian government and the Colombian labour unions. Together, they will conduct a joint evaluation of violence against union leaders and organized union members and develop new ideas to improve the legislation for their protection.

Canada also continues to be an active member of the Group of 24, a group of countries which encourages and facilitates dialogue between the government of Colombia and international and national civil society organizations working in the country.

This year we are proud to take up the role of supporting the G24 secretariat to ensure this forum of frank discussion around conflict and human rights issues continues.

Clearly, protection and promotion of human rights and seeking a durable resolution to Colombia's conflict are at the very core of Canada's engagement in Colombia. Canada's pioneering support to the OAS' mission to support the peace process and to the justice and peace law has positioned us as a leader and trusted partner in Colombia, with government and civil society alike.

Canada can be rightly proud of the partnership we have developed with Colombia. It is a relationship that can be strengthened further for the benefit of both countries through this agreement under debate today.

For a country like Colombia, free trade can open up new avenues for success. By promoting economic development and opening up new doors to prosperity, free trade agreements like this can strengthen the social foundations of countries. This growth can help solidify efforts by the government of Colombia to create a more prosperous, equitable and secure democracy.

In other words, we believe that economic opportunity goes hand in hand with democracy, peace and security. We believe firmly that economic opportunities can reinforce these objectives. That is why we are committed to being a helpful and open partner for nations throughout the hemisphere, nations like Colombia.

Often over the years we have known that there has been a human trafficking issue in Colombia. With the free trade, where jobs are opened up and opportunities are produced, this helps all aspects of this kind of society.

[Petitions, September 15th, 2009]

Mr. Speaker, today I have with me 5,859 petitions calling on Parliament to encourage everyone to support Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving the trafficking of persons under the age of eighteen years), which is coming up at the private members' session this afternoon.

These petitions come from all over Canada, a number of them from Quebec, and call on parliamentarians to support Bill C-268.

Over the break, 4,562 people presented this and had it in my office for me to present today.

[Committees of the House, June 17th, 2009]

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Health in relation to Bill C-32, An Act to amend the Tobacco Act. The committee examined the bill and has decided to report it with amendments, and has ordered its reprint.

I wish to especially thank all members of the health committee for all their hard work, dedication and co-operation.

[Human Trafficking, June 17th, 2009]

Mr. Speaker, today our government is introducing amendments to the Immigration and Refugee Protection Act. We want to give immigration officers the power to deny work permits to those who may be trafficked into Canada and forced to perform humiliating and degrading jobs.

The previous government issued hundreds of special stripper visas to exotic dancers, with media reports of senior government members consorting with strippers and handing out ministerial permits. We know that these visas have resulted in the exploitation and degradation of foreign women.

Canada is taking action to protect the most vulnerable and to fight exploitation. I hope the House supports today's announcement, which gives immigration officials the tools they need to stop the trafficking of vulnerable women into Canada.

I would also encourage the Bloc Québécois to truly represent all Quebeckers, especially those under 18, and support Bill C-268. Traffickers of children must receive sentences that reflect the severity of this horrific crime.

[Petitions, June 16th, 2009]

Mr. Speaker, people have sent petitions to my office asking that Parliament pass legislation for the protection of human life from the time of conception until natural death. These petitions are from all over Canada including some from my riding.