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Difference between revisions of "Victims of Human Trafficking (4:VIII)"
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Victims of Human Trafficking (4:VIII) (view source)
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*be completely unaware of their rights or may have been intentionally misinformed about their rights in Canada | *be completely unaware of their rights or may have been intentionally misinformed about their rights in Canada | ||
*fear for their families and/or loved ones | *fear for their families and/or loved ones | ||
*feel threatened that traffickers will harm their families if they report their situation to, or cooperate with, law enforcement | *feel threatened that traffickers will harm their families if they report their situation to, or cooperate with, law enforcement. (See ''National Action Plan to Combat Human Trafficking'', Government of Canada, 2012). | ||
In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the Resources section below for more information on OCTIP. | In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the Resources section below for more information on OCTIP. | ||
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==== Bill C-36 and Human Trafficking ==== | ==== Bill C-36 and Human Trafficking ==== | ||
In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling ''Canada (Attorney General) v Bedford'' [''Bedford''], 2013 SCC 72. In ''Bedford'', the Supreme Court of Canada found certain prostitution related offences to be unconstitutional. The PCEPA posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in Bedford by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the PCEPA has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. | In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling ''Canada (Attorney General) v Bedford'' [''Bedford''], 2013 SCC 72. In ''Bedford'', the Supreme Court of Canada found certain prostitution related offences to be unconstitutional. The PCEPA posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in Bedford by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the PCEPA has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See “Bill C-36, ''Protection of Communities and Exploited Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014, http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf). | ||
Bill C-36 made several significant sentencing changes to the human trafficking provisions in sections 279.01 to 279.03 of the ''Criminal Code''. First, the new provisions include a mandatory minimum sentence of 5 years where a trafficker is convicted of human trafficking (section 279.01 of the ''Criminal Code'') and also kidnaps, commits aggravated assault or aggravated sexual assault against, or causes the death of the victim. In such cases, the maximum sentence is life. In other cases of trafficking of adults, the mandatory minimum sentence of 4 years (s. 279.01). The maximum is 14 years. Second, s 279.02(2), receiving a material benefit from trafficking of minors, now carries a mandatory minimum sentence of 2 years, and the maximum sentence available for the offence has been extended from 10 to 14 years. Third, the mandatory minimum sentence for withholding or destroying documents to facilitate trafficking of minors is 1 year. The maximum sentence has been extended from 5 years to 10 years. | Bill C-36 made several significant sentencing changes to the human trafficking provisions in sections 279.01 to 279.03 of the ''Criminal Code''. First, the new provisions include a mandatory minimum sentence of 5 years where a trafficker is convicted of human trafficking (section 279.01 of the ''Criminal Code'') and also kidnaps, commits aggravated assault or aggravated sexual assault against, or causes the death of the victim. In such cases, the maximum sentence is life. In other cases of trafficking of adults, the mandatory minimum sentence of 4 years (s. 279.01). The maximum is 14 years. Second, s 279.02(2), receiving a material benefit from trafficking of minors, now carries a mandatory minimum sentence of 2 years, and the maximum sentence available for the offence has been extended from 10 to 14 years. Third, the mandatory minimum sentence for withholding or destroying documents to facilitate trafficking of minors is 1 year. The maximum sentence has been extended from 5 years to 10 years. | ||
