Combatting Human Trafficking

International Law: the United Nations Trafficking in Persons Protocol

In 2000, the United Nations adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Trafficking in Persons Protocol establishes the most widely accepted international framework to fight human trafficking, especially of women and children.

Canada ratified the Trafficking Protocol in 2002 and is committed to developing laws and programs to implement it. The Trafficking Protocol requires countries that have ratified it to focus on three main areas, referred to as the three P’s:

• Protection — Protecting and assisting those who have been trafficked.
• Prevention — Preventing and combating human trafficking.
• Prosecution — Prosecuting the traffickers.

In addition, Canada’s National Action Plan to Combat Human Trafficking recognizes a fourth P – partnerships.

• Partnerships — Partnership is the promotion of cooperation among countries in order to effectively meet the goals of Protection, Prevention and Prosecution.

Canadian Law

Human trafficking is a serious criminal offence in Canada. Both the Criminal Code of Canada and the Immigration and Refugee Protection Act criminalize all aspects of human trafficking. The four human trafficking offences in the Criminal Code are summarized below:

• Trafficking of a person (Section 279.01)makes it a crime to participate in certain acts towards another person for the purpose of exploiting them. The sentence ranges from life imprisonment for cases involving kidnapping,aggravated assault, sexual assault or death to a maximum of 14 years for other cases.

• Trafficking of a person under the age of eighteen years (Section 279.011) adds a mandatory minimum sentence of six years imprisonment where the offence involves aggravated assault, sexual assault or death of the trafficked child and a mandatory minimum sentence of five years in other cases.

• Material benefit (Section 279.02) makes it acrime to receive a financial or other material benefit knowing the benefit was a result of human trafficking. There is a maximum sentence of 10 years imprisonment.

• Withholding or destroying travel or identification documents (Section 279.03), for example someone’s passport or visa, for the purpose of committing human trafficking, is an offence. There is a maximum sentence of five years in prison.

A person cannot legally consent to being exploited under the Criminal Code.

Immigration and Refugee Protection Act

This law criminalizes the bringing of people into Canada through specified means. It is an offence to use deception, coercion, abduction, fraud,force, or threats of force to transport someone across the border. It is also an offence to hide or transport people who have been recruited in this way, once they arrive in Canada. Penalties for these offences are up to $1 million in fines or life in prison or both.

The Act makes it an offence to use identity documents, such as a visa or passport, for the purpose of human trafficking or smuggling.The maximum sentence for this offence is 14 years in prison.

For the complete text of these Criminal Code and IRA sections visit laws.justice.gc.ca/eng.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action, or behaviour.

The taking of a person by force or fraud. In family law, also the taking of a child contrary to a court order or without the permission of a guardian. In certain circumstances, the abduction of a child by a parent may be a criminal offence.