Trafficking in Persons

Questions and Answers

• General
• For persons migrating to Canada

General

The UN estimates that up to one million people are trafficked throughout the world each year. While anyone can be a victim, women and children are reportedly the primary victims.

Identifying victims of trafficking can be difficult. The victims may appear to be illegal migrants when intercepted at the border. Those involved in prostitution may appear to be willing participants. Victims may be too terrified to contact the police. Victims may not be able to ask for help because many may not speak either English or French. Traffickers often control their victims by threatening to harm them or their families in their countries of origin should victims attempt to flee or contact authorities in Canada.

Internationally, Canada took a leading role in the development of the United Nations (UN) Convention against Transnational Organized Crime () (TOC), and two supplementing Protocols:

• the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children () (the Trafficking Protocol), and
• the Protocol Against the Smuggling of Migrants by Land, Sea and Air () (the Smuggling Protocol).

In May 2002, Canada ratified the TOC Convention as well as the Smuggling and Trafficking Protocols. Canada also played a leading role in the development of the Action Plan to Combat Trafficking in Human Beings of the Organization for Security and Co-operation in Europe (OSCE).

The Criminal Code of Canada includes many offences that prohibit trafficking-related conduct, such as kidnapping, extortion, forcible confinement, conspiracy, and controlling or living off the avails of prostitution as well as organized crime offences. As well, the Immigration and Refugee Protection Act includes a specific trafficking in persons offence (s.118), which carries a severe maximum penalty of life imprisonment and/or $1M fine.

On November 25, 2005, these measures were further strengthened through Criminal Code reforms to specifically prohibit trafficking in persons (S.C. 2005, c.43 (formerly Bill C- 49)).

These amendments create three new indictable offences. The main offence prohibits the recruitment, transportation, harbouring or controlling of the movements of another for the purpose of exploiting or facilitating the exploitation of that person. This offence is punishable by life imprisonment where it involves the kidnapping, aggravated sexual assault, aggravated assault or death of the victim and is punishable by a maximum penalty of 14 years imprisonment in all other cases.

The second offence prohibits anyone from receiving a financial or other material benefit, knowing that it results from the trafficking of a person. This offence carries a maximum penalty of ten years imprisonment.

The third offence prohibits the withholding or destruction of documents - such as a victim’s identification, immigration or travel documents – for the purpose of trafficking or facilitating the trafficking of that person. This offence carries a maximum penalty of five years imprisonment.

These new offences will build upon existing prohibitions addressing related conduct to ensure a comprehensive criminal law response to all forms of human trafficking, whether it occurs wholly within Canada or involves some cross border dimensions.

The new legislation is part of broader on-going federal and international efforts to combat human trafficking. For further information, please visit the Department of Justice website at http://www.justice.gc.ca/en/news/nr/2005/doc_31486.html.

• Criminal Code trafficking-related offences

For persons migrating to Canada

Be careful. In Canada, we have a saying “If it sounds too good to be true, it probably is.” Don’t get caught by promises of money. You may end up paying for your mistake with your life.

Do not say anything about your family and where they live. Criminals may use this information to make you do things you don’t want to do. If you come to Canada and try to get away from them, they might hurt your children or parents or other family members back home to control you.

Find out as much as you can about the person offering you the job, about the job and about the address of your place of work. Be suspicious if you are told that this information is a secret.

Give your family or friends all the information you have about the people helping you get to Canada, the job and the place where you are going to work before you leave.

You need to ask the person offering you the job exactly what you will be expected to do. Try to sign a contract with the person. The contract should say what you will do, where you will do it and how much you will be paid for doing it.

“Entertainer” may be a way of saying that you will work in the sex trade. Some jobs in the sex trade are legal, for example dancing naked without touching. Many jobs in the sex trade are illegal, for example being in a house where people pay money to have sex.

How long will I have to work for the employer who brought me to Canada?

No employer can force you to stay at a job. But, dishonest employers may watch you all the time so that you cannot get away. Or, they may threaten to send you back to your home country or hurt you or your family if you leave the job they have for you.

Probably not. Dishonest employers will lie about how much you will get paid and will find ways to make you pay back almost all the money you earn. They will say you must pay them for food, for a place to sleep, for bringing you to Canada. Also, things are expensive in Canada. It may sound like a lot of money but you may find out that it is not enough for a good place to live and for food.

You can travel freely in Canada when you have come into Canada legally with a legal passport and work permit. You will have to apply to the United States government for permission to enter the United States. The United States government will decide whether or not you can go into the United States according to its rules.

A person who traffics in people may try to stop you from travelling by taking your passport and work permit away from you. This is one way that traffickers keep you trapped in a place that you don’t want to be, doing work that you don’t want to do. Make sure you always keep your passport and work permit with you. Don’t ever let anyone keep them for you.

In some countries, human rights organizations are working to protect people from becoming victims of traffickers. As well, United Nations’ organizations such as the International Labour Organization may have a project in your country.