Madam Speaker, Bill C-268 is about human trafficking and acknowledging the fact that human trafficking is a vicious crime that must be stopped.
Bill C-268 was drafted to accomplish one thing: to ensure the sentences of the traffickers of children reflect the gravity of the crime. With the first two sentences in Canada resulting in approximately one to two years served for trafficking children, traffickers are currently able to continue making hundreds of thousands of dollars from the exploitation and rape of children without much threat of serious sanction.
I want to thank the hon. member for Beauharnois—Salaberry who pointed out in the first hour of debate that there is no minimum sentence for aggravated offences under paragraph 279.011(1)(a) of Bill C-268. This paragraph provides for an individual to be sentenced to life imprisonment, which means that he or she will only be eligible for parole after seven years.
However, should this bill go to committee, I have had an amendment drafted that would be within the scope of the bill and that would amend paragraph 279.011(1)(a) to ensure that there is no question that this paragraph also provides for a minimum sentence of five years.
I understand that some hon. members do not feel that mandatory minimums are appropriate in any case.
I want to remind hon. members that according to the Supreme Court of Canada, a mandatory minimum sentence constitutes cruel and unusual punishment only if it is “grossly disproportionate”, given the gravity of the offence or the personal circumstances of the offender.
Clearly the trafficking and sexual exploitation of a child demands a sentence that reflects the serious gravity of this egregious offence. Under current legislation, offenders can receive as little as no time in jail.
Countries around the world are beginning to recognize that serious action is required to combat the sexual exploitation and trafficking of children. Article 24 of the 2005 Council of Europe Convention on Action against Trafficking in Human Beings states that child trafficking is an aggravated circumstance that warrants an enhanced penalty.
It is important to note that Canada remains one of the few developed countries that does not have enhanced penalties for the trafficking of our children.
Mohamed Y. Mattar, executive director of the Protection Project at the John Hopkins University School of Advanced International Studies, points out:
Many states have specific provisions in their antitrafficking legislation or criminal codes guaranteeing enhanced penalties in cases of trafficking in persons committed under aggravated circumstances, including a crime committed against a child victim;
Dr. Mattar also states that the Council of Europe framework decision of July 19, 2002, mandates that European countries provide penalties for trafficking of at least eight years imprisonment. This is significant since many European countries follow a civil law model that does not recognize the plea-bargaining system which, in countries like Canada, may result in a shorter sentence.
This framework specifically states that:
Penalties provided for by national legislation must be “effective, proportionate and dissuasive”.
There is also a great concern that more must be done in Canada for victims of human trafficking. I cannot agree more.
The long-term physical and psychological impact on its victims, especially children, is devastating. I have continued to call for a national action plan to combat human trafficking that would provide better coordination between the provinces, territories and federal governments to deliver effective victim services.
Only two years ago, members of this House unanimously supported Motion No. 153 that called for a national action plan.
I strongly believe we need to address the factors that lead to exploitation, such as poverty and marginalization. Our aboriginal women and children are especially vulnerable due to these factors.
These concerns cannot be addressed through a private member's bill. I have put forward Bill C-268 to amend the Criminal Code to address the critical legal aspect of child trafficking and to bring parity between Canada's legislation and that of many other countries.
It is my hope that members of all parties will support this important legislation and soundly denounce the trafficking of children.
