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Frequently Asked Questions on Human Trafficking

<<Immigration and Passport >>

Q1 What is the difference between human trafficking and human smuggling?

A1 Human trafficking and human smuggling are not the same thing. The differences are as follows:

Trafficking in persons (TIP) involves the recruitment, transportation or harbouring of persons for the purpose of exploitation (typically in the sex industry or for forced labour). Traffickers use various methods to maintain control over their victims, including force, sexual assault and threats of violence. TIP may occur across or within borders, often involves extensive organized crime networks and is clearly a violation of the basic human rights of its victims. The relationship between the trafficker and the victim is continuous and extends beyond the border crossing. The trafficked person can be forced into labour, prostitution or some other form of servitude. Victims can suffer abuse before, during and after transportation and can face fatal consequences if they attempt to escape.

Human smuggling is a form of illegal migration involving the organized transport of a person across the border usually in exchange for a sum of money and sometimes in dangerous conditions. When the final destination is reached, the business relationship ends, and the smuggler and the individual part company.

Q2 What is the scope of human trafficking in Canada and internationally?

A2 Canada has been identified as a transit and destination country for human trafficking. Victims have been transited through Canada for final destinations in the United States. Victims of trafficking in Canada are predominantly women and female children who are sexually exploited.

The extent of TIP is difficult to assess due to the clandestine nature of these activities and the difficulty in distinguishing between TIP victims and illegal migrants.

Q3 Who are the traffickers?

A3 The involvement of transnational organized crime groups in human trafficking is part of a growing global trend. Trafficking in persons generates huge profits for criminal organizations. Trafficking in persons also occurs through smaller, decentralized criminal networks that may specialize in recruiting, transporting or harboring victims. Trafficking is also known to be perpetrated by small family criminal groups who control the entire operation. Individuals working independently may also traffic persons for profit.

Q4 How are the victims deceived?

A4 Traffickers approach potential victims in a variety of manners including:

  • direct contact with family and relatives
  • agents who scout for potential victims in source regions, sometimes representing themselves as a potential sponsor or love interest
  • and misleading advertisements promising jobs and opportunity in North America.

More abusive methods are also used and range from:

  • coerced compliance
  • extortion
  • kidnaping
  • servitude
  • and violence, including physical and emotional abuse.

Victims may be transported by plane, boat, train or any type of vehicle, and often a combination of them, using genuine and/or fraudulent documents that are usually removed from them upon arrival at their destination.

Victims may then be isolated and/or taken to illicit businesses where they may be subjected to physical and sexual abuse and concealment. They may be forced to perform a variety of services including working in the sex trade, sweatshops, restaurants, or providing domestic work.

Q5 How would I recognize a victim? (Usually includes a combination of indicators).

A5

  • they may be controlled by someone else by being escorted or watched
  • they may not speak on their own behalf and may not be English/French speaking
  • they may not have a passport or other I.D.
  • they may not be familiar with the neighborhood they live/work in
  • they may be moved frequently by their traffickers
  • they may have injuries/bruises from beating and/or weapons
  • they may show visible signs of torture i.e. cigarette burns, cuts
  • they may show visible signs of being branded or scarring (indicating ownership)
  • they may show signs of malnourishment
  • they may express fear and intimidation through facial expressions and/or body language

Q6 Where would I find a victim who has been trafficked for sexual exploitation?

A6

  • nightclubs/bars
  • modeling studios
  • hospitals
  • escort services
  • massage parlours
  • shelters
  • internet
  • private residences

Q7 Where would I find a victim who has been trafficked for forced labour?

A7

  • non-unionized industries
  • restaurants
  • sweatshops
  • commercial agriculture
  • fishing fleets
  • criminal organizations (marihuana grow operations, drug couriers, construction sites
  • forced marriages
  • private residences

Q8 Considering the clandestine nature of trafficking in persons, how does law enforcement learn of potential cases to investigate?

A8 Information can be obtained from:

  • the public reporting suspicious activities
  • governmental and non-governmental agencies (i.e. working at ports of entry or dealing with health and social services)
  • international agencies working in partnership to combat human trafficking
  • victims escaping from traffickers
  • law enforcement conducting criminal investigations.

It is also the responsibility of law enforcement to seek out and identify potential victims through awareness initiatives and investigations.

Q9 What is the role of law enforcement in addressing trafficking in persons?

A9

  • identify children and adults at risk
  • inform potential victims of their rights
  • inform potential victims who are not Canadian citizens or permanent residents of their options with regards to immigration status
  • identify support services and refer victims/potential victims to specialist non-government organizations (NGOs), safe accommodation, and various needs including medical, psychological, counseling, legal assistance, education, work placement and possible involvement in the Victim Witness Protection Program.
  • undertake interviews, seek intelligence, undertake investigations with immigration officials and any other appropriate parties and ensure links are made with other agencies and national/international policing organizations
  • provide protection to victims and staff supporting them
  • work closely with Citizenship and Immigration Canada, Canada Border Services Agency, provincial/territorial and municipal agencies, social services, child welfare authorities and any NGOs involved in service delivery to provide protection to children
  • conduct a continuous risk assessment with respect to the safety and welfare of the victims and their families at every stage of the investigation and judicial process and beyond
  • enforce the laws of Canada including those in the Immigration and Refugee Protection Act (IRPA) Section 118, and the Criminal Code, Section 279.

Q10 What new enforcement powers do the new Criminal Code provisions under Bill C-49 give law enforcement?

A10 Bill C-49 (CC Section 279.01 - 279.04) received royal assent on November 25, 2005. It provides new tools for the RCMP to combat TIP within Canada and gives provincial and municipal law enforcement the ability to enforce the new Criminal Code sections.

The bill created three new indictable criminal offences to specifically address trafficking in persons:

  • the main offence, Section 279.01 "trafficking in persons," prohibits anyone from recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control or influence over the movements of a person, for the purpose of exploiting or facilitating the exploitation of that person (maximum penalty: life where it involves the kidnaping, aggravated assault or aggravated sexual assault or death of the victim and 14 years in any other case);

  • a second offence, Section 279.02 prohibits anyone from receiving a financial or other material benefit for the purpose of committing or facilitating the trafficking of a person (maximum penalty: 10 years);

  • and, a further offence, Section 279.03 prohibits the withholding or destruction of documents such as a victim's travel documents or documents establishing their identity for the purpose of committing or facilitating the trafficking of that person (maximum penalty: 5 years).

Section 279.04 defines exploitation as causing a person to provide labour or 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 apply to the use of force, deception or other forms of coercion causing the removal of a human organ or tissue.

The criminal law reforms contained in Bill C-49 complement the existing IRPA trafficking offence and existing trafficking-related Criminal Code provisions. An important element of Bill C-49 is that it does not require the crossing of borders. These new offences will better enable law enforcement to address not only international but also domestic human trafficking cases. Exploitation is the key element of the offence. Canadian law enforcement now has a significantly enhanced ability to ensure that the offence - whether under IRPA or the CC - is the one that best responds to the facts of a specific trafficking investigation.

Q11 What training is available for law enforcement to enhance their investigative skills regarding human trafficking?

A11

  • National and international conferences expose participants to best practices, roundtables, discussions, workshops and seminars to raise awareness of trafficking.

  • Training specifically related to the subject of human trafficking is included in the RCMP’s Immigration and Passport Investigators course.

  • The RCMP’s Human Trafficking National Coordination Center (HTNCC) has developed an awareness package for all law enforcement officers across Canada. One of the main objectives is to inform investigators of the recently enacted criminal law provisions contained in Bill C-49. This package is also available for NGOs involved in TIP.

  • An informative and detailed "Human Trafficking Reference Guide for Canadian Law Enforcement" has been developed and is available to the public at the following website: http://www.icclr.law.ubc.ca/Site%20Map/Programs/Human_Trafficking.htm

Q12 If I suspect a case of human trafficking, who do I contact?

A12 Please contact your local police force of jurisdiction to report the suspicious activity.
Remember, do not take the law into your own hands or get involved in any illegal activities.