Human trafficking in Canada

Human trafficking in Canada has become a significant legal and political issue, and Canadian legislators have been criticized for having failed to deal with the problem in a more systematic way.[1] British Columbia's Office to Combat Trafficking in Persons formed in 2007, making British Columbia the first province of Canada to address human trafficking in a formal manner.[2] The biggest human trafficking case in Canadian history surrounded the dismantling of the Domotor-Kolompar criminal organization.[3] On June 6, 2012, the Government of Canada established the National Action Plan to Combat Human Trafficking in order to oppose human trafficking.[4] The Human Trafficking Taskforce was established in June 2012 to replace the Interdepartmental Working Group on Trafficking in Persons[5] as the body responsible for the development of public policy related to human trafficking in Canada.[6]

RCMP

In 2005, the Royal Canadian Mounted Police (RCMP) estimated that 600-800 persons are trafficked into Canada annually and that additional 1,500-2,200 persons are trafficked through Canada into the United States. This was updated in 2010.[7] In 2011, Corporal Jassy Bindra stated that there were more than 30 ongoing investigations into human trafficking across Canada.[8] Cindy Kovalak is the Human Trafficking Awareness Coordinator for the Northwest Region Immigration and Passport Section of the RCMP.[9]

Law

On June 29, 2010, the 40th Canadian Parliament enacted An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).[10] The act established a mandatory sentencing of five years' imprisonment for those charged with the trafficking of children within Canada.[11] On June 28, 2012, An Act to amend the Criminal Code (trafficking in persons) altered the Criminal Code of Canada[12] to enable the Government of Canada to prosecute Canadians for trafficking in persons while outside Canada.[13]

Future Group report

The Future Group [14] is a Canadian humanitarian NGO founded to draw attention to "human trafficking and the child sex trade". It adopts a prohibitionist stance on prostitution. In 2006 they wrote a report entitled Falling Short of the Mark: An International Study on the Treatment of Human Trafficking Victims [1]

Of eight industrialized nations examined and ranked, they gave Canada the lowest score (F), compared to the United States as the highest (B+) in terms of best practices in terms of providing support for victims of trafficking "Canada has ignored calls for reform and continues to re-traumatize trafficking victims, with few exceptions, by subjecting them to routine deportation and fails to provide even basic support services." (p. 13) The report also states that "Canada's record of dealing with trafficking victims is an international embarrassment and contrary to best practices" (p. 2). The report was also critical of the former Liberal Government but stated the new Conservative Government had not had time to formulate a policy.

Government response

Commenting on the report, the then Minister of Citizenship and Immigration, Monte Solberg told Sun Media Corporation, "It's very damning, and if there are obvious legislative or regulatory fixes that need to be done, those have to become priorities, given especially that we're talking about very vulnerable people."[15]

US State Department Trafficking in Persons Reports

The US Trafficking in Persons Report is an annual report of the US State Department that takes stock of the international human trafficking situation, with Tier 1 being the highest ranking while Tier 3, may be subject to certain U.S. government sanctions, such as the withholding of nonhumanitarian, non-trade-related foreign assistance, funding for government employees educational and cultural exchange programs. Canada has been rated as Tier one consistently with the exception of 2003 when it was considered Tier 2. The 2009 report states "The Government of Canada fully complies with the minimum standards for the elimination of trafficking. During the past year, the Canadian government maintained strong victim protection and prevention efforts, and demonstrated modest progress in prosecuting and punishing trafficking offenders, securing five trafficking-specific convictions during the past year. Law enforcement personnel, however, reported difficulties with securing adequate punishments against offenders." [16]

The 2010 report confirmed Canada's Tier 1 status. [17] The report states that "Prostitution by willing adults is not human trafficking regardless of whether it is legalized, decriminalized, or criminalized." Therefore should Canada fully legalized sex work this will not affect its Tier ranking. This is a change from earlier reports such as 2005 [18] which linked tolerance of prostitution to trafficking. Furthermore the US now follows the International Labor Organization which considers human trafficking to be predominantly an issue of forced labour rather than of sexual exploitation. (p. 8)

Other

A 2009 US State Department Human Rights Report [19] stated

"NGOs estimated that 2,000 persons were trafficked into the country annually, while the RCMP estimated 600 to 800 persons, with an additional 1,500 to 2,200 persons trafficked through the country into the United States. Many victims were Asians and Eastern Europeans, but a significant number also came from Africa, Latin America, and the Caribbean. Women and children were trafficked for sexual exploitation; on a lesser scale, men, women, and children were trafficked for forced labor. Some girls and women, most of whom were Aboriginal, were trafficked internally for commercial sexual exploitation."

However, it did not break these figures down further by type of trafficking (see above) nor comment on their accuracy, however it continues

"Vancouver, Montreal, and Toronto served as hubs for organized crime groups trafficking in persons, including for prostitution. East Asian crime groups targeted the country, Vancouver in particular, to exploit immigration laws, benefits available to immigrants, and the proximity to the U.S. border."

ACT Alberta partnered with Mount Royal University to produce a report released in 2012 stating that Calgary is a transit point, destination, and source for human trafficking.[20] The report also states that some of the victims are sexually exploited, although no percentage is provided in the report.[21]

Canadian NGOs and claims of links between sex work and trafficking

As noted by the US report, Some Canadian NGOs such as Vancouver Rape Relief [22] believe that making prostitution illegal is the best way to prevent human trafficking, forced prostitution, child prostitution and similar abusive activities. They argue that a system which allows legalized and regulated prostitution makes it more socially acceptable to buy sex, creating demand for prostitutes and, as a result, human trafficking increases in order to satisfy this demand. However these claims are disputed by other organizations. [23]

Justice Susan Himel in a 2010 Ontario Superior Court decision, referring to the New Zealand Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003, noted that "Under-aged prostitution does not appear to have increased post-criminalization, and, as of 2007, no situations involving trafficking in the sex industry have been identified.[24]

References

  1. ↑ 1.0 1.1 Falling Short of the Mark: An International Study on the Treatment of Human Trafficking Victims. Future Group March 2006
  2. ↑ Benjamin Perrin (2010). Invisible Chains. Penguin Books. ISBN 0143178970.
  3. ↑ Ian Robertson (April 3, 2012). "Head of human trafficking ring gets 9 years". The London Free Press. Retrieved November 19, 2013.
  4. ↑ "The Harper Government Launches Canada's National Action Plan to Combat Human Trafficking". Public Safety Canada. June 6, 2012. Retrieved May 25, 2013.
  5. ↑ "Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography". Canadian Coalition for the Rights of Children. October 5, 2012. p. 2. Retrieved October 21, 2013.
  6. ↑ Jeffrey T. Bergner, ed. (2008). Country Reports on Human Rights Practices for 2008. Diane Publishing. p. 2610. ISBN 1437905226.
  7. ↑ Human Trafficking in Canada: A Threat Assessment. RCMP
  8. ↑ Sarah Douziech (August 15, 2011). "Human trafficking 'in our own backyard'". Federal Accountability Initiative for Reform. Retrieved October 14, 2012.
  9. ↑ "Human Trafficking: What is it, why does it occur and how is it investigated". Cvent. September 19, 2012. Retrieved October 18, 2012.
  10. ↑ Donald Oliver (June 29, 2010). "Debates of the Senate (Hansard)" 147 (45). Parliament of Canada. Retrieved May 29, 2013.
  11. ↑ Kate Chappell (June 28, 2010). "Abolish Slavery... in Canada". The Mark. Retrieved May 29, 2013.
  12. ↑ "Statutes of Canada 2012". Parliament of Canada. June 28, 2012. Retrieved May 26, 2013.
  13. ↑ "Human Trafficking - Bill C-310 - Supportive Organizations". Joy Smith. Retrieved August 3, 2012.
  14. ↑ The Future Group
  15. ↑ Canada an “International Embarrassment” on Sex Trafficking
  16. ↑ US State Department Trafficking in Persons Report 2009: Country Narratives - Canada (p. 98
  17. ↑ "2010 Trafficking in Persons Report", Page 49, Washington, D.C. U.S.A., Department of State
  18. ↑ US State Department Trafficking in Persons Report 2009
  19. ↑ US State Department. Human Rights Reports - 2009 Country Reports on Human Rights Practices: Canada. March 11 2010
  20. ↑ Suzy Thompson (March 29, 2012). "Human trafficking affects foreign workers: Calgary is a source, destination and transit point". Fast Forward Weekly. Retrieved September 5, 2012.
  21. ↑ Ian Campbell (March 23, 2012). "New reports aim to curb human trafficking in Calgary". CFFR. Retrieved September 5, 2012.
  22. ↑ "10 Reasons for Not Legalizing Prostitution". Vancouver Rape Relief Shelter.
  23. ↑ FIRST. Feminists Advocating for Rights and Equality for Sex Workers
  24. ↑ Bedford v. AG Canada. Ontario Superior Court Sept 28 2010

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