Canada’s Framework for Combating Trafficking in Persons June 2016

Trafficking in Persons Issue of trafficking in persons challenges policy makers, legislators and law enforcement to respond to a complex problem The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) represents the most widely accepted international framework for combating what has been described as a contemporary form of slavery Trafficking Protocol requires, amongst other things, that States Parties: Criminalize trafficking in persons (Art.5(1)) Ensure its domestic legal system contains measures that allow victims the possibility of obtaining compensation for damage suffered (Article 6(6)) Canada ratified the Trafficking Protocol on May 13, 2002

Trafficking Protocol - Prohibited Conduct Defined Article 3 of the Trafficking Protocol defines “Trafficking in Persons” and provides the basis for criminalization: “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 In its essence, trafficking in persons involves three key elements: A physical act: namely, the recruitment, transportation, or harbouring of a person Accomplished by the use of means such as threats, force, coercion or deception For the ultimate purpose of exploiting the victims

Human Trafficking is not Migrant Smuggling There are four principal differences between these two crimes: First, migrant smuggling is always transnational in nature while trafficking in persons need not be Second, smuggled persons generally consent to being smuggled while trafficked persons can never consent to the conduct which forms the basis of trafficking Third, smuggled persons are generally free to do what they want once they have arrived in the country of destination. In contrast, trafficked persons have their liberty curtailed and are compelled to provide their labour Finally, smugglers make their profits through the fees associated with their services. Traffickers, on the other hand, profit through exploiting the labour or services of trafficked persons

Human Trafficking in Canada: What we Know Majority of cases are for purposes of sexual exploitation At risk groups: young women and girls, Indigenous women, migrants (e.g., foreign nationals involved in sex trade), youth and children (e.g., runaways, residents of group homes, economically disadvantaged, LGBTQ) Traffickers: usually adult males, but female and underage traffickers increasingly involved May involve transnational organized criminal networks or individual/family- based opportunists Human trafficking for sexual exploitation mostly associated with organized sex work as fronts (e.g., in escort agencies, massage parlours, adult entertainment establishments) Suspects in cases involving foreign national victims often have ethnic ties to victims’ source countries Sources: police and court-reported data; reported case law; Annual Criminal Intelligence Service Canada Report; Human Trafficking National Coordination Centre (RCMP)

Canada’s Multi-Disciplinary, Multi-Jurisdictional Response Preventing trafficking, protecting victims and prosecuting offenders and working in partnerships requires policy, legislative and program responses from a range of different departments and agencies within Government and civil society more broadly Responses required locally, regionally, nationally and internationally Canada is a federal state and constitutional responsibilities are divided between the federal and provincial governments. For example, the federal Government is responsible for the development and enactment of criminal offences but the provinces and territories are primarily responsible for enforcement

Federal Government’s Anti-Trafficking Efforts In 2012, the Government released its National Action Plan to Combat Human Trafficking builds upon the significant work already completed and identifies new commitments to further enhance the ability of the Government to improve anti-trafficking responses Government Action focussed on supporting, developing and implementing anti-trafficking responses across the country Prevention and Awareness Targeted training and awareness campaigns for state and non-state actors Supporting anti-trafficking measures abroad to improve awareness and knowledge of the crime

Federal Government’s Anti-Trafficking Efforts (continued) Protection and Assistance to Victims Issuance of Temporary Resident Permits and provision of interim federal health benefits Funding to support anti-trafficking projects to enhance support and responses to victims of trafficking (up to $500,000 per year) Improve protection for temporary foreign workers (through enhanced on-site employment inspections) Prosecution Ongoing training to police and prosecutors to improve their capacity to respond to this crime Launch of anti-trafficking handbook for police and prosecutors providing detailed information on the crime of human trafficking and Canadian laws to combat it New integrated enforcement unit to combat human trafficking

Section : Trafficking in Persons Offence Trafficking in Persons: : Every person who recruits, transports, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of 5 years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of 4 years in any other case Consent of the victim is not valid (section (2)) Consistent with the internationally recognized definition of trafficking, the offence criminalizes specified acts undertaken for the purpose of exploitation – UN Trafficking Protocol (ratified by Canada in 2002)

Section : Exploitation Exploitation (1) For the purposes of sections to , 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, or offer to provide, the labour or service. (2) 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

Other Trafficking in Persons Offences Section (child trafficking): Identical in all respects to the main offence in section except for the requirement that the victim be under the age of 18 years and slightly higher mandatory minimum penalties (5 and 6 years) Section (financial or material benefit): Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection (1) (trafficking in persons offence) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years. Section (documents offence): Every person who, for the purpose of committing or facilitating an offence under sub-section (1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic. Note: Human trafficking offences are subject to extra-territorial jurisdiction (subsection 7(4.11))

Final Considerations 1.Laws, Programs and Polices must be as clear as possible 2.Measures must be in place to ensure effective implementation of laws, programs and policies on the ground 3.No need to reinvent the wheel - laws, programs and policies should build upon and/or complement measures of general application 4.Understand the Target: At its core, human trafficking is about exploitation – important to define the continuum of conduct, target the perpetrators and the business of trafficking and support the recovery of the victims

Further Information Nathalie Levman and Matthew Taylor Criminal Law Policy Section Department of Justice 284 Wellington St Ottawa, ON Canada K1A 0H8 (613) / (613)