Backgrounder

Trafficking in Persons: a Brief Description

Trafficking in persons is a modern-day form of slavery, involving the recruitment, transportation or harbouring of victims for sexual or other forms of exploitation, either across or within borders. Typically, victims are deceived or coerced into the sex industry or other forms of forced labour. They suffer physical, sexual and emotional abuse including threats of violence or actual harm which abuse is compounded by their living and working conditions.

The United Nations estimates that over 700,000 people, mostly women and children, are trafficked annually worldwide. It is also estimated that trafficking generates annual global revenues approaching $10 billion ( US ).

Trafficking is often confused with migrant smuggling. Migrant smuggling refers to the illegal movement across a border. Trafficked persons are always deprived of liberty when they arrive at their destination whereas smuggled migrants are free to go on arrival.

Criminal Code Amendments

The proposed amendments would create three new indictable offences that specifically address human trafficking. The main offence, trafficking in persons, would prohibit anyone from engaging in specified acts for the purpose of exploiting or facilitating the exploitation of a person and would carry a maximum penalty of life imprisonment where it involves kidnapping, aggravated assault or sexual assault, or death.

The second offence would prohibit anyone from receiving financial or other material benefit resulting from the commission of a trafficking offence. It would be punishable by a maximum penalty of ten years of imprisonment.

A third offence would prohibit withholding or destroying documents, such as identification or travel documents, for the purpose of committing or facilitating the commission of a trafficking offence and would carry a maximum penalty of five years of imprisonment.

At the core of human trafficking is the exploitation of its victims. Accordingly, the proposed new offences address exploitation directly. Under these new offences, exploitation would be defined as causing a person to provide labour or services – such as sexual services – by engaging in conduct that leads the victim to reasonably fear for their safety or that of someone known to them, if they fail to comply. It would also apply to the use of force, coercion or deception causing the removal of a human organ or tissue.

Combating Trafficking: an Ongoing Government Commitment

Amending the Criminal Code is a key component of ongoing work that the Government is undertaking to combat trafficking. The following are examples of work already done to combat trafficking:

• Development of a Government of Canada website on trafficking in persons with related information and links (http://canada.justice.gc.ca/en/fs/ht/index.html);
• Development and distribution of an anti-trafficking pamphlet (available in 14 languages) and an anti-trafficking poster (available in 17 languages) to Canadian missions and non-governmental organizations abroad and within Canada ;
• Vancouver regional roundtable, co-hosted by the British Columbia Ministry of Solicitor General and Public Security and Emergency Preparedness Canada (National Crime Prevention Centre) that brought together government officials, academics and civil society to discuss research and the development of best practices in the areas of prevention and awareness (November 2004);
• Human trafficking training seminar for police, prosecutors, immigration, customs and consular officials, co-hosted by the Department of Justice and the International Organization for Migration (March 2004); and
• Community forum on trafficking in persons, hosted by the Canadian Ethnocultural Council, the Minister of Justice and the Secretary of State (Status of Women) to educate and increase public awareness about the situation of victims of trafficking, especially youth, children and women and explore strategies for community driven initiatives to prevent and combat this serious issue (March 2004).
  

Next Steps :

In February 2004, the Interdepartmental Working Group on Trafficking in Persons (IWG) was mandated to coordinate and enhance federal efforts to combat trafficking in persons and develop a federal strategy. The IWG is reviewing existing federal laws, policies, and programs that may have an impact on trafficking in persons with a view to identifying best practices, as well as areas for further improvement.

These proposed Criminal Code reforms are a first deliverable on this federal anti-trafficking strategy. Canada recognizes that human trafficking is a global problem and, in keeping with international standards, is focusing on internationally recognized key objectives: the prevention of trafficking; the protection of victims; and the prosecution of traffickers. The proposed reforms to the Criminal Code will help Canada to achieve these key objectives.

For More Information

Department of Justice trafficking in persons website
http://canada.justice.gc.ca/en/fs/ht/index.html
http://canada.justice.gc.ca/fr/fs/ht/index.html

To access an online version of the proposed legislation, visit www.parl.gc.ca

-30-