An Overview of Trafficking in Persons and the Government of Canada's Efforts to respond to this Crime: 2010-2011

Trafficking in persons involves the recruitment, transportation and harbouring of persons and/or control of their movement for the purpose of exploiting their labour or services. Victims are forced to provide their services or labour under circumstances which would be reasonably expected to cause them to fear for their own safety or that of someone known to them if they refuse to provide that service or labour. Victims suffer physical, sexual and/or emotional abuse and often live and work in horrific conditions.

Canada's approach to this issue is guided by its international commitments, most notably those contained in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Canada's approach is organized around four broad principles:

1. the prevention of trafficking;
2. the protection of victims;
3. the prosecution of offenders; and
4. working in partnership with others.

The Interdepartmental Working Group on Trafficking in Persons (IWGTIP) is the federal government’s focal point and centre of expertise for all anti-trafficking efforts. The Working Group is chaired by Justice Canada and Public Safety Canada and comprises 18 departments and agencies. This document provides an overview of trafficking in persons in Canada and federal efforts to respond to it. It is not an exhaustive analysis of all federal efforts, or of all Canadian efforts to address trafficking in persons. Rather, it provides a summary of the current understanding of the nature and scope of TIP and highlights the Government of Canada's efforts to respond to this crime, focusing on events and initiatives in 2010 and early 2011.

Trafficking in persons continues to be of significant concern to all levels of government in Canada. In 2010, Federal, Provincial and Territorial (FPT) Ministers responsible for Justice agreed on the importance of continuing to work together to support coordinated action against all forms of human trafficking. As a result, a working group of senior justice officials from across Canada has been tasked with developing materials for criminal justice practitioners to respond to the operational issues associated with investigating and prosecuting human trafficking cases.

Similarly, FPT Ministers responsible for Labour discussed the issue of TIP at their annual meeting in 2010, coinciding with recent efforts to train provincial labour inspectors on this issue. Lastly, FPT Ministers responsible for the Status of Women continue to view addressing TIP as an important priority having commissioned work to examine promising practices for addressing TIP in Canada.

Canada's Experiences with Trafficking in Persons

Human trafficking for sexual exploitation continues to constitute the majority of trafficking cases faced by law enforcement across Canada, specifically in large urban centres. Canadian women represent the majority of victims encountered to date.

More recently, evidence of human trafficking for forced labour has come to light. Investigations of such cases have surfaced across the country with charges being laid in Alberta, Ontario and British Columbia. Indeed, cases encountered to date suggest that human trafficking for forced labour is more prevalent in Alberta and Ontario. Labour-related intelligence and investigations have involved migrants from the Philippines, India, Poland, China, Ethiopia, Mexico, Thailand and Hungary. In addition, intelligence indicates that some migrants are illegally transported and subsequently exploited by their employers as domestic servants.

Investigations and intelligence have also identified migrant workers (males and females) as a vulnerable group for forced labour. Investigations into claims of labour exploitation have centred on the treatment of migrant workers, and the fraudulent use of the Temporary Foreign Worker Program.

Foreign nationals, permanent residents and Canadian citizens have been subjected to this crime. Intelligence suggests that organized crime is involved in human trafficking activities associated with forced prostitution. The level of sophistication of these groups and their links to transnational crime has not been determined.

Given the importance of a strong knowledge base for effective action, the Government of Canada is working to enhance data collection on TIP. In 2010, the Government of Canada concluded and disseminated a study on the feasibility of developing a national data collection framework in Canada. Please see: http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?lang=eng&catno=85-561-M2010021. As a result of this study, Canada is enhancing current surveys that are conducted by the Canadian Centre for Justice Statistics (CCJS). The Uniform Crime Reporting Survey will be revised in 2011 to better track trafficking in persons and migrant smuggling offences under the Immigration and Refugee Protection Act.

In 2010, the RCMP completed a national Human Trafficking Threat Assessment to determine the extent of TIP in Canada. The RCMP will continue to update this Threat Assessment which will assist law enforcement in responding to this crime and will help focus their resources. A public version of the assessment was released in 2010. The executive summary of the threat assessment can be found at http://www.rcmp-grc.gc.ca/pubs/ht-tp/htta-tpem-eng.htm.

Prevention and Awareness Raising

The Government of Canada leads, supports and implements a broad range of prevention and awareness measures aimed at the general public, law enforcement, prosecutors, governmental officials, civil society and potential victims.

On September 7, 2010, the Government of Canada announced the launch of two national anti-trafficking awareness campaigns: “Blue Blindfold” and “I’m Not for Sale”. The “Blue Blindfold” campaign was developed in partnership with the Canadian Crime Stoppers Association (CCSA). Its objective is to raise public awareness of the potential dangers of human trafficking and to provide information to the public on how to use the Crime Stoppers national tipline to anonymously report suspected cases of human trafficking. The key message of the campaign is "Don't Close Your Eyes", which emphasizes the need for all people to be aware of the risk that human trafficking is occurring in our own communities. For more information, please see: http://www.publicsafety.gc.ca/media/nr/2009/nr20090115-eng.aspx and http://www.canadiancrimestoppers.org/?content/human_trafficking.html.

The “I’m Not for Sale” human trafficking awareness campaign was developed by the RCMP Human Trafficking National Coordination Centre (HTNCC). The campaign toolkit includes two types of TIP posters, one intended for the public and one that targets potential victims. The posters are available in six languages and have been posted in public areas across the country. It also includes a training video, police officer handbook, pamphlet, victim assistance guidelines, fact sheets and information on how to report suspected cases of trafficking. As of December 2010, more than 8,000 of these toolkits, which also include the Crime Stoppers tip-line phone number, were distributed to law enforcement and government agencies, non-governmental organizations and the public across Canada. To view the material, please visit: http://www.rcmp-grc.gc.ca/ht-tp/publications/index-eng.htm.

The RCMP HTNCC and the Labour Program of Human Resources and Skills Development Canada have developed and delivered training for provincial labour inspectors and other labour officials, focusing on indicators of TIP including for forced labour, industries at risk, and mechanisms for greater collaboration to address labour trafficking in Canada. Training sessions have been delivered in the provinces of Alberta, Ontario, Newfoundland and Labrador and Quebec.

Citizenship and Immigration Canada (CIC), in collaboration with Human Resources and Skills Development Canada (HRSDC), continues to make information available to temporary foreign workers indicating where they can seek assistance on issues related to employment and health and safety standards. For further information, please see: http://www.cic.gc.ca/english/work/tfw-rights.asp.

Furthermore, guidelines on how to deal with vulnerable victims in general have been published by CIC and are accessible to both CIC and CBSA officers. These guidelines can be found at: http://www.cic.gc.ca/english/resources/manuals/pp/pp01-eng.pdf

The Canada Border Services Agency (CBSA) has developed fact sheets to educate the public on the crime of human trafficking and to explain the CBSA’s role in responding to it. Please see: http://www.cbsa-asfc.gc.ca/media/facts-faits/072-eng.html.

In March 2011, Public Safety Canada funded regional, national, and international roundtables focusing on the prevention of human trafficking. Participants included national non-governmental organizations, federal and provincial departments and agencies and international experts. Findings from these roundtables are currently being finalized.

Protection of victims

In Canada, support for victims of crime is a shared responsibility between the federal and provincial/territorial governments. Numerous programs and services are available to victims of crime in Canada, including trafficking victims. These range from health care to emergency housing and social and legal assistance. Legal aid programs are administered separately by each province and territory and eligibility is based primarily upon financial need. Similarly, social services such as emergency financial assistance, including food allowances and housing are administered at the provincial and territorial levels and are available to those in need.

The Government of Canada has made supporting victims of crime a priority. Through the Federal Victim Strategy, the federal government provides assistance to all victims of crime through its Victims Fund which provides grants and contributions to provinces, territories and NGOs to enhance current services including services for underserved victims of crime and to create new and innovative approaches to service delivery. Financial assistance is also provided to individual victims of crime or surviving family members, including victims facing unusual or extreme hardship due to criminal victimization; to victims and victim support persons for travel to attend National Parole Board hearings; to Canadians victimized abroad to cover expenses incurred in returning to Canada or travelling to the country where the crime occurred to attend court proceedings. For more information, please see: http://canada.justice.gc.ca/eng/pi/pcvi-cpcv/fun-fin2.html.

On November 1^st 2010, the Government of Canada launched the national “Victims Matter” awareness campaign aimed at victims of crime, their families and those who support them. The campaign aired on television, in cinema, on the internet and in print. A new website was also launched in conjunction with this campaign that contained detailed information about the services available to victims of crime in Canada, with links to the national online Victim Services Directory (VSD); websites of federal government departments and agencies that work with victims of crime; provincial and territorial governments’ victim services websites; and to the websites of non-governmental organizations and other services providers. For more information, please see: http://www.victimsmatter.gc.ca.

In Canada, victims of trafficking are not required to testify against their trafficker in order to obtain services or, in the case of foreign national victims, to gain temporary or permanent immigration status. Further, Canada’s laws can make it easier for victims to testify in criminal proceedings, should they choose to, against alleged traffickers.

CIC can help protect foreign national victims of trafficking by securing their immigration status with a special Temporary Resident Permit (TRP). A TRP provides legal immigration status in Canada to potential victims and may be issued for up to 180 days. Through this approach, victims are provided with time to reflect on their desired next steps. This reflection period is designed to help victims of trafficking escape the influence of their traffickers, recover from their ordeal and evaluate their immigration options. Permit holders have access to Canada’s Interim Federal Health Program (IFHP), thus ensuring that they receive the immediate medical attention required. The IFHP covers essential and emergency health services for the treatment and prevention of serious medical conditions and the treatment of emergency dental conditions. In the case of trafficking victims, trauma counseling is also included. Victims are also eligible to apply for work permits. Long-term TRPs may also be issued for up to three years in cases where circumstances warrant.

Ministerial guidelines instruct both CIC and CBSA officers to take action to ensure that victims of trafficking remain safe, are separated from the control and custody of any possible trafficker(s), and receive police protection, as appropriate. Children believed to be TIP victims can also be issued TRPs. They are referred to appropriate provincial and territorial welfare authorities and are eligible for health coverage under the IFHP. Furthermore, operational guidelines for CBSA officers at Ports of Entry outline how to identify and protect missing and abducted children. All officers are made aware that in every case where a minor is involved, the officer must consider the best interests of the child. As part of this training, officers are instructed on special procedures for interviewing children.

Guidelines for the issuing of Temporary Resident Permits to victims of trafficking can be found at: http://www.cic.gc.ca/english/resources/manuals/ip/ip01-eng.pdf.

In 2010, CIC issued 55 TRPs to 47 foreign national victims of trafficking. From May 2006 to December 2010, a total of 120 TRPs were issued to 68 foreign national victims of trafficking. These figures include subsequent permits issued to the same victim to maintain legal status in Canada.

Foreign nationals working in Canada have the same rights and protections as Canadians and permanent residents. The Government of Canada works closely with provincial and territorial partners to help ensure that foreign workers' rights are met, and undertakes such measures that are available within its mandate to help ensure the well-being of foreign workers during their time in Canada. More information can be found at: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questions-answers/general.shtml.

Additional protections for temporary foreign workers came into effect on April 1, 2011. While not specifically anti-trafficking measures, the amendments to the Immigration and Refugee Protection Regulations will further the general protection of workers by helping to ensure that employers abide by the terms of their job offers, thus minimizing the chance of abuse. Further, changes to the Live-In Caregiver Program were implemented on April 1, 2010. These improvements make it easier for live-in caregivers to obtain permanent residence, make the program more flexible, and increase protections to these workers. For more information, please see:
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/each_stream.shtml
http://www.cic.gc.ca/english/department/media/releases/2011/2011-03-24a.asp

Prosecution of offenders

Canada's criminal laws prohibit trafficking in persons for any exploitative purpose, regardless of whether the trafficking occurs wholly within Canada or whether it involves bringing persons into Canada. Canada's criminal laws apply across the country and therefore provide a uniform approach to address TIP and related conduct. Many different offences apply to TIP cases including trafficking-specific offences (279.01-279.03), kidnapping, forcible confinement, uttering threats, extortion, assault, sexual assault, prostitution-related offences, and criminal organization offences.

On June 29, 2010, Canada’s Criminal Code was amended to create a new offence of trafficking in children (section 279.011). The offence is punishable by a maximum of life imprisonment and a mandatory minimum penalty of six years imprisonment where the offence also involved death, kidnapping, aggravated assault or aggravated sexual assault. In all other cases, the offence is punishable by a maximum of 14 years imprisonment and a mandatory minimum penalty of five years imprisonment.

The Criminal Code also contains comprehensive measures to facilitate the testimony of vulnerable victims during criminal proceedings against offenders. Testimonial aids, such as screens, the use of closed-circuit television, or the presence of support persons are available to all vulnerable victims/witnesses, including trafficking victims. Additional measures included in the Criminal Code to facilitate victim testimony and to protect their privacy include publication bans and, in some cases, the exclusion of the public from court.

The Immigration and Refugee Protection Act (IRPA) also includes a TIP offence which applies to cases involving trafficking of persons into Canada (s.118).

Bill C-35, An Act to amend the Immigration and Refugee Protection Act, received Royal Assent on March 23, 2011 and came into force on June 30, 2011. This Bill extends the prohibition on providing advice and representation for a fee to all stages of an application or proceeding in connection with the Immigration and Refugee Protection Act. While not specifically an anti-trafficking measure, this change will help to address the issue of unscrupulous employment consultants, who may play a role in the recruitment of workers subsequently subjected to exploitation by their employers. Bill C-35 made it an offence for an unauthorized person to advise another person in respect of an application or proceeding under the Immigration and Refugee Protection Act. This offence is punishable with maximum fines of up to $100,000 and/or imprisonment of up to two years for conviction on indictment and $20,000 and/or imprisonment of up to six months on summary conviction. The Bill also authorizes the Minister to designate and revoke the designation of a governing body for consultants and also provides CIC with the authority to disclose information on misconduct to those responsible for investigating that conduct. For more information, please see: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=4588746.

Through the Human Trafficking National Coordination Centre and regional Human Trafficking Awareness Coordinators, the RCMP organizes human trafficking workshops for frontline officers, investigators and intelligence officers, border and immigration officials, prosecutors and non-government organizations. These workshops involve an integrated training approach with presentations from key federal departments and various police services across Canada and testimony from a human trafficking survivor. The training focuses on both domestic and international cases of human trafficking, reflecting an appreciation of the importance of addressing this crime regardless of how or where it occurs. In 2010, workshops were held in Toronto, Ottawa, Gatineau and Moncton and since their inception have been held in approximately 22 cities across Canada. In 2010, over 8,000 law enforcement officers, prosecutors, government employees and members of civil society attended RCMP led training and awareness sessions.

Justice Canada also delivered training on Canada’s criminal law responses to human trafficking at the 2010 Alberta Specialized Law Enforcement Training annual conference for police, prosecutors and other criminal justice practitioners.

Canadian Criminal Proceedings on Trafficking in Persons

In Canada, the prosecution of most criminal offences occurs at the provincial and territorial level. To inform its ongoing responses to TIP, the Government of Canada continues to monitor trafficking cases proceeding through Canada's criminal justice system. Trafficking cases are charged and prosecuted under a variety of statutory provisions including the trafficking-specific provisions, forcible confinement, prostitution-related offences, assault, sexual assault, or a combination of the above.

The CCJS collects the official justice statistics including annual information on the number of criminal incidents reported to police, and on cases processed through the courts. The most recent reporting period for police reported data is 2009, while the most recent court data available is 2007/2008.

The CCJS, in co-operation with the policing community collects annual police-reported crime statistics through the Uniform Crime Reporting Survey (UCR2). The UCR2 data includes the number of criminal incidents of TIP that were detected or recorded by police within a calendar year. In 2009, the UCR2 survey indicated that a total of 39 incidents of trafficking in persons were reported by police across Canada, which involved six victims under the age of 18. The most recent court data (2008) indicate two cases under subsection 279.01, but no convictions.

In addition, the RCMP HTNCC continues to identify and track TIP cases as they proceed through the criminal justice system. As of June, 2011, the RCMP confirms that there have been 9 convictions under the specific Criminal Code offence of human trafficking (section 279.01) with approximately 50 cases before the courts. These cases involve at least 74 accused and 141 victims. At least 17 of these victims were under the age of 18 years at the time the alleged offence was committed. All of the 50 cases, with the exception of five, involve allegations of domestic trafficking for sexual exploitation.

Partnerships

The Government of Canada has long identified domestic and international partnerships with state, institutional and civil society partners as a critical component of an effective anti-trafficking response. Canada continues to support projects and efforts, through partnerships, to prevent trafficking, protect victims and prosecute offenders, both at home and abroad.

At the international level, Canada plays an active role in developing and implementing legal instruments, sharing best practices and setting standards to prevent and combat transnational organized crime, including trafficking in persons, through regional and multilateral processes such as the United Nations, the Organization of American States, the Regional Conference on Migration (RCM), the Organization for Security and Co-operation in Europe and the G8.

We encourage the widest possible ratification and effective implementation of the principal international legal instruments concerning trafficking in persons, most notably the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.

Canada's foreign policy priorities are underscored by programming and projects that further the federal Government’s objectives. Canada is amongst the largest contributors to the UN Office on Drugs and Crime (UNODC) to provide capacity building to countries in need of assistance, including on anti-trafficking issues and the second largest contributor to the Organization of American States.

The Department of Foreign Affairs and International Trade (DFAIT) provides program support to combat trafficking in persons internationally through the Anti-Crime Capacity Building Program (ACCBP). The Program provides $15 million per year to strengthen regional cooperation to counter challenges associated with criminal activity in the Americas, including trafficking in persons. Further work against trafficking in persons is currently being planned for this year with state, institutional and civil society partners.

The Canadian International Development Agency (CIDA) provides project and program funding to a number of international organizations and NGOs that work on human trafficking with a core focus on prevention, protection and the rehabilitation of trafficking victims. At the multilateral level, CIDA provides core funding to UNICEF, UNIFEM, UNDP, UNHCR, ILO and the IOM to address issues such as TIP, commercial sexual exploitation of women and children, human rights, gender equality, children's rights and protection, and migration issues.

In 2010, the Labour Program of Human Resources and Skills Development Canada supported the International Labour Organization in a technical assistance project, entitled Eliminating Forced Labour and Trafficking in Jordan, which has the aim of strengthening government enforcement capacity to identify, investigate and prosecute offences for forced labour and human trafficking and to support the establishment of an efficient and regulated recruitment mechanism in Jordan.

In 2010, the federal government provided financial support to British Columbia's Office to Combat Trafficking in Persons (BC OCTIP) to develop a standardized online training program for front-line service providers and first responders in British Columbia who may come in contact with victims of human trafficking. The project was officially launched in early June 2011.

More broadly, and since 2007, Public Safety Canada has provided approximately $950,000 to enhance the capacity of community groups, provincial governments and international organizations to respond to trafficking in persons.

Conclusion

Moving forward, the Government of Canada will continue to address this crime through a multi-pronged approach focusing on prevention, protection, prosecution and partnerships.