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.

Federal Efforts

In 2012, Canada created the National Action Plan to Combat Human Trafficking. This plan commits $25 million over four years to strengthen Canada’s efforts to prevent, detect and prosecute human trafficking as well as assist trafficked persons. A Human Trafficking Task Force led by Public Safety Canada has been established.

For more information visit www.publicsafety.gc.ca/cnt/cntrng-crm/hmn-trffckng/index-eng.aspx.

British Columbia's Efforts

BC’s Office to Combat Trafficking in Persons(OCTIP) is responsible for the overall coordination of the provincial strategy to address human trafficking. Fighting human trafficking requires a multidisciplinary response involving participation from all levels of government. The OCTIP works with both federal and provincial governments, law enforcement, academic organizations and community agencies.

OCTIP’s mandate is to:

• Support communities in building local capacity to address human trafficking – from prevention to service provision
• Raise awareness and provide training and education
• Identify gaps and barriers in services, policies and legislation that impede trafficked persons’ internationally-protected human rights
• Contribute to national and international efforts to combat human trafficking

British Columbia has a BC Action Plan to Combat Human Trafficking which lays out three key priorities and five priority action areas for responding to human trafficking issues across the province for the years 2013-2016.

Visit the plan at www.pssg.gov.bc.ca/octip/docs/action-plan.pdf.

Law Enforcement

Canada’s national police force, the Royal Canadian Mounted Police (RCMP) has established a Human Trafficking National Coordination Centre. The RCMP, municipal police forces, Canada Border Services Agency, non-government community organizations, and immigration lawyers in BC continue to work together to develop strategies to stop human trafficking.

• Prevention – increase public awareness to help identify possible victims and traffickers, improve education for law enforcement, proactively investigate criminal organizations, and develop international agreements.
• Protection – ensure the safety of trafficked persons through investigation, risk assessment and referral to appropriate community services.
• Prosecution – gather evidence so traffickers can be prosecuted.
• Partnership - work in partnership with others, both domestically and internationally.

There are many challenges for law enforcement, for example:

• The international nature of trafficking – countries have different laws and the authorities in source countries may be involved in crime
• The hidden nature of trafficking and its connection to organized crime
• Trafficked people are frequently moved to different locations
• Trafficked people fear the police and immigration authorities and are afraid to testify against traffickers
• Trafficked people may not see themselves as victims of crime

Community and Faith-Based Organizations

Community based agencies are enhancing their knowledge to extend support services to emerging trafficked persons. Faith based organizations are also contributing efforts to eliminate human trafficking by raising awareness of the issues within their congregation and community.

Support Services

The Trafficking in Persons Protocol emphasizes respect for the human rights of trafficked people and urges countries to cooperate with non-governmental organizations to provide for the basic needs of trafficked persons.

A comprehensive list of services is available through OCTIP training site www.pssg.gov.bc.ca/octiptraining/index.html.

Key services a trafficked person may require include:

• housing
• medical and psychological care
• counselling and information in a language understood by the trafficked person,
• material help such as clothing and food
• employment and education opportunities,
• legal assistance
• help to connect to police and government agencies.

Temporary Resident Permit (TRP)

The Trafficking in Persons Protocol also requires countries to consider adopting laws that allow trafficked persons to remain in the receiving country, temporarily or permanently. A Temporary Resident Permit (TRP) is available from Citizenship and Immigration Canada (CIC). The process starts with an interview with an immigration officer. At this point, the trafficked person does not have to prove that they have been trafficked, only that there is a possibility. The trafficked person is not required to help in any criminal investigation or to testify against their trafficker.

If the immigration officer believes a person may have been trafficked, they can issue a TRP. This gives the person legal status in Canada for up to 180 days. The permit can be re-issued at the end of the 180-day period by the CIC officer based on the trafficked person’s situation. The trafficked person will have access to health care and counselling and they may also apply for a work permit.

For more information on the TRP see Human Trafficking - Canada is Not Immune: Module 4. The web address is provided in the resource section of this Wikibook.

Keep in mind the following principles when applying a human rights approach to providing services:

• Is distrustful of the authorities
• Is afraid of revealing their immigration status
• Does not have their passport or other travel or identity documents
• Has false identity or travel documents
• Is found somewhere likely to be used for exploiting people, for example a drug lab
• Is unfamiliar with the local language
• Does not know their home or work address
• Allows others to speak for them when addressed directly
• Is forced to work under unhealthy or unsafe conditions
• Is disciplined through punishment
• Receives little or no pay
• Works excessively long hours over long periods
• Has no access to medical care
• Has limited contact with their families or with people outside their immediate environment
• Believes they are bonded by debt
• Is in a situation of dependence
• Comes from a place known to be a source of human trafficking

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.

An act; a statute; a written law made by a government. See "regulations."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.