Human-Trafficking in Canada....A VERY REAL REALITY! (inform yourself)

http://www.justice.gc.ca/eng/fs-sv/tp/index.html
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http://www.international.gc.ca/foreign_policy/internationalcrime/human_trafficking-en.asp
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http://www.parl.gc.ca/information/library/PRBpubs/prb0425-e.htm
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http://www.publicaffairs.ubc.ca/ubcreports/2007/07sep06/reform.html
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http://www.rcmp-grc.gc.ca/imm_pass/q_a_human_e.htm
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http://www.humantrafficking.ca/liens2.htm
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FACTS ABOUT HUMAN TRAFFICKING:

Between 600 and 800 people are smuggled into Canada each year and forced to work in the sex trade.
Benjamin Perrin, of the University of British Columbia, speaks on Canada AM from CTV's studios in Quebec City, Thursday, June 5, 2008.

Benjamin Perrin, of the University of British Columbia, speaks on Canada AM from CTV's studios in Quebec City, Thursday, June 5, 2008.
Canada must act on human trafficking: U.S. report

Updated Thu. Jun. 5 2008 10:16 AM ET

CTV.ca News Staff

The U.S. State Department says Canada should be doing a lot more to mitigate human trafficking in the country.

The U.S. released its annual report "Trafficking In Persons" -- reviewing human trafficking laws in 170 countries covering a period from March 2007 to March 2008 on Wednesday.

Although the report recognizes that Canada meets the minimum standards to eliminate, identify and protect victims of human trafficking, it also says Canada needs to address the trafficking challenges associated with hosting the world at the upcoming 2010 Olympic Games in Vancouver.

University of British Columbia law professor and of one of Canada's leading experts in human trafficking Benjamin Perrin agrees Canada isn't doing enough in terms of law enforcement.

He says he is not surprised by the report's harsh recommendations for the Canadian government.

"Canada has been falling behind on combating human trafficking for quite a long time," Perrin told Canada AM from Quebec City on Thursday, adding that smuggling people is one of the most serious offences according to the criminal code.

In 2007, Canada did not convict a single person for the crime of human trafficking, and only four victims were granted federal protection. The report put into sharp focus that these numbers are not indicative of the country's problem.

"I think Canadians would demand more of our response to this serious transnational crime," Perrin said.

In 2004, the RCMP estimate about 600 people are trafficked to Canada for sexual exploitation each year, said Perrin. Another 1,500 to 2,200 are brought through the country on their way to the United States.

Perrin notes that human trafficking in Canada defies traditional stereotypes. He says it's not just women from Asia and Central and Eastern Europe brought here and exploited in the sex trade, but many cases he comes across relate to Canadian women and girls "for sale."

"We've really not followed up on action here," Perrin said. "The main reason for that appears to be that we are not putting the law enforcement resources into this across the country."

But positive discussions did come out of the report, says Perrin. For the first time the federal government focused on the threat of human trafficking at the 2010 Olympic Games in Vancouver.

An influx of over a million visitors, typical of an international event like at the World Cup, the Olympics and even the Grand Prix auto race in Montreal, increases the demand for sex trade workers. The commercial void at big events creates ample opportunity for traffickers to make money by exploiting others, especially women. The UN estimates that the illegal industry brings in $32 billion globally.

Perrin applauds London's efforts to keep trafficking at bay for the 2012 Summer Games.

"They've been dealing with this risk for years now, and we've only just now gotten on this. So, we are really late to the game," Perrin said.

Roughly 2.5 million people worldwide are believed to be victims of human trafficking, most of whom are women and children.
Human Trafficking and Migrant Smuggling
Overview

Each year, hundreds of thousands of migrants are moved illegally by highly organized international smuggling and trafficking groups, often in dangerous or inhumane conditions. This phenomenon has been growing in recent years, but Canada, alongside the international community, is taking decisive action to halt these serious criminal activities.
Difference between Migrant Smuggling and Human Trafficking:

Migrant smuggling and human trafficking are two separate offences and differ in a few central respects. While 'smuggling' refers to facilitating the illegal entry of a person into a State, ‘trafficking’ includes an element of exploitation. The trafficker retains control over the migrant -- through force, fraud or coercion -- typically in the sex industry, through forced labour or through other practices similar to slavery. Trafficking violates basic human rights, and the unfortunate reality is that an overwhelming majority of those trafficked are women and children. These victims are commodities in a multi-billion dollar global industry. Criminal organizations are choosing to traffic human beings because, unlike other commodities, people can be used repeatedly and because trafficking requires little in terms of capital investment. Smuggling is also reaping huge financial dividends to criminal groups who charge migrants massive fees for their services. Intelligence reports have noted that drug-traffickers and other criminal organizations are switching to human cargo to obtain greater profit with less risk.
Canadian Initiatives
Legislation:

On June 28, 2002, a specific offence against human trafficking came into force in the Immigration and Refugee Protection Act (IRPA). The trafficking offence (s. 118) provides for very severe penalties: fines of up to $1 million and imprisonment for up to life.

In addition to the trafficking offence in the IRPA, a large number of Criminal Code offences also apply to trafficking in persons, including: kidnapping, extortion, forcible confinement, conspiracy, and controlling or living off the avails of prostitution as well as organized crime offences.
Interdepartmental Working Group on Trafficking in Persons:

A federal Interdepartmental Working Group (IWG) was formed to develop Canada’s position with respect to the text of the United Nations Trafficking and Smuggling Protocols during the course of their negotiation. The IWG has recently been mandated to be the focal point in the Federal Government for the coordination of national efforts to combat human trafficking and the development of a federal strategy. The Working Group, currently under the joint lead of Foreign Affairs and Justice Canada, has participation from representatives of 14 government departments and agencies.

The IWG produced a multilingual (14 languages) Anti-Trafficking Pamphlet that warns potential trafficking victims of the dangers of falling prey to human traffickers and informs them of Canadian laws. It was distributed through Canadian missions abroad and to non-governmental organizations with access to potential trafficking victims in source States.
The Department of Justice:

The Department of Justice Canada has developed a Website on Trafficking in Persons in conjunction with the work of the IWG. The website provides information on the definition of trafficking, the domestic and international efforts to combat trafficking and assist victims, and many other resources and links to partner organizations that are involved in similar efforts.
International Initiatives

The role of transnational organized crime in the trafficking of people and the smuggling of migrants is growing. As smuggling and trafficking-related activities take place in numerous countries, governments cannot successfully combat these offences in isolation. In addition, many countries lack specific provisions to deal adequately with these issues. For this reason, the international community has begun a concerted effort to thwart international criminal networks. Canada ratified the United Nations Convention against Transnational Organized Crime (UNCTOC) on May 13, 2002, which officially entered into force on September 29, 2003. The Convention extends tools for co-operation against organized crime to a global level, facilitating information sharing as well as law enforcement co-operation amongst parties.

Canada also ratified two supplementary protocols to the UNCTOC:

* The Protocol Against the Smuggling of Migrants by Land, Sea and Air
* The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

Both protocols offer improved legal and judicial tools to prevent and combat smuggling and trafficking, enhance information sharing and promote co-operation among States in order to achieve these objectives. Of particular importance, the Trafficking Protocol expands the scope of protection and support to victims and witnesses. Canada commanded a leading role in the development of these agreements and is actively encouraging other States to ratify and implement them quickly.
Additional Links:

For information on the efforts to combat trafficking in persons in Europe, please go to The Council of Europe.

The International Organization for Migration (IOM) plays an active role in countering human trafficking, including carrying out information campaigns, providing counselling services and conducting research on this growing international problem.

For substantive research resources on human trafficking and international crime, two excellent UN sites are worth looking into: The United Nations Office of Drugs and Crime (UNODC) and the United Nations Interregional Crime and Justice Research Institute (UNICRI).

The Coalition Against Trafficking in Women (CATW) is a non-governmental organization (NGO) that has developed close working relationships with other NGOs, various Governments and International Organizations on the topic of trafficking. CATW also publishes a “Trafficking in Women” report annually.
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Canada's efforts to combat human-trafficking slammed
UBC law professor is shocked by lack of prosecutions in this country
Suzanne Fournier, The Province
Published: Wednesday, June 04, 2008

Canada has a "shocking" record in human trafficking, says University of B.C. law professor Benjamin Perrin.

He cited an RCMP estimate that 600 people are trafficked into Canada each year, and noted that as a transit country, another 1,500 to 2,200 people are trafficked from Canada into the U.S. each year.

"Those figures are extremely conservative and yet in the last calendar year, there have been no successful prosecutions" of human traffickers in Canada, Perrin, a leading investigator in human trafficking and child-sex tourism, said yesterday.
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"Vulnerable foreign nationals" are being trafficked as well as "at-risk" Canadian women and girls, typically those who have been sexually abused and are living in poverty.

"There were 12 women and girls in Ontario recently who were being trafficked, one only 13 years old," said Perrin.

"It is quite shocking to see how poor Canada's record has been" in prosecuting human traffickers, said Perrin, noting that Canada's record lags far behind Australia, Sweden, Norway, Germany, Italy and even the U.S.

In Washington, U.S. Secretary of State Condoleezza Rice will release the eighth annual Trafficking In Persons report today.

It will rate the efforts of 170 countries, including Canada, to protect and aid trafficked persons, prosecute traffickers and prevent the burgeoning crime by those who exploit vulnerable people, usually women, for profit.

For the first time this year, the U.S. report will also look at how nations are preventing child-sex tourism, by aggressively investigating and prosecuting their own citizens who exploit children in other countries.

Perrin, who wrote a 2007 report on the potential for sexual enslavement leading up to the 2010 Olympics, says B.C. and Canada have taken some steps to halt trafficking but need to do much more.

"Canada has begun to improve the legislative framework for prosecuting traffickers and to protect trafficked persons," said Perrin.

He noted that Premier Gordon Campbell "quietly and without fanfare" opened the Office to Combat Trafficking in Persons last July, headed by Robin Pike, under the Solicitor-General's Ministry.

The office's website cites the 2005 prosecution of Michael Ng, who was cleared of human trafficking but convicted of related charges, including operating a bawdy house and procuring a person to have illicit sexual intercourse. The federal government recently pledged to offer more assistance to victims who come forward, offering them quicker access to legal status and shelter if required.

"What is needed now is a national and provincial commitment to vigorously put law enforcement and victim-assistance laws into action," said Perrin.

RCMP border integrity Cpl. Norm Massie, who has been replaced as B.C. human trafficking co-ordinator by Const. Lou Berube, questioned the estimated number of human-trafficking cases in Canada. "I think we have done a good job, we've investigated anything remotely close to a human-trafficking case," said Massie, although he admits there have been no successful prosecutions of traffickers in Canada.

As for halting child-sex tourism, Perrin says "Canada continues to be an international embarrassment."

Perrin found through an Access to Information report that 146 Canadians were charged with child-sex offences from 1993 to 2007, based on requests for consular support, yet only one Canadian, Vancouver hotel worker, Donald Bakker, has ever been convicted here under laws against child-sex tourism.

sfournier@png.canwest.com

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UBC Reports | Vol. 53 | No. 9 | Sep. 6, 2007
Reforming Canada’s Record on Human Trafficking
By Lorraine Chan

A young woman answers a job ad that offers a prepaid air ticket and glamorous work as an international model. She leaves home -- perhaps from a city in Eastern Europe or Southeast Asia.

Upon arriving in Canada, she discovers to her horror that she has been lured into the sex trade and faces “debts” that she must now pay off. Somehow she escapes her captors and looks for help. The authorities detain, interrogate and then deport her.

Until recently, this was how Canada routinely treated human trafficking victims -- as illegal migrants, says Benjamin Perrin, an assistant professor who joined the UBC Faculty of Law in August.

Perrin’s teaching and research interests include domestic and international criminal law, international humanitarian law and comparative constitutional law and human trafficking.

The RCMP estimates that 600 people are trafficked into Canada for sexual exploitation each year. As a transit country, another 1,500 and 2,200 people are trafficked from Canada into the United States. These estimates are believed to very conservative, says Perrin.

In 2006, Perrin completed a research report investigating how victims had been treated in Canada, in conjunction with The Future Group -- a non-governmental organization he founded in 2000 to work directly with victims of human trafficking overseas.

“It is quite shocking to see how poor Canada’s record has been,” says Perrin.

He says that Canada deported victims without any kind of emergency support or psychological counseling. “The police were forced to cobble together resources to provide that care because there was no system in place to protect victims.”

In fact, Perrin’s research gave Canada a failing grade when compared to how countries like Germany, Italy, Australia, the United States, Sweden and Norway handled trafficking cases.

While these other countries provide victims with housing, medical care and temporary work visas, Canada had no such measures in place.

Perrin explains that Canada had made “generic commitments” that never got translated into specific measures. In 2000, along with 117 countries, Canada signed an international protocol that supplemented a United Nations Convention against Transnational Organized Crime “to prevent, suppress and punish” human trafficking.

Other signatory countries put resources and a legal framework in place, and kept close track of how their efforts were working, says Perrin.

“The U.S. has done very well. Their records show they have prosecuted hundreds of traffickers and helped many victims. The reason is that they have engaged civil society organizations to work with them and implement laws to protect victims.”

After publishing his research, Perrin was asked by the federal Minister of Citizenship and Immigration to help improve the situation. As a result, the Canadian government agreed to provide temporary residence permits for victims, who are entitled during that time to receive basic medical care and counseling.

The government has also started to commit resources to investigate and prosecute human trafficking crimes, and allows victims to obtain work permits during their temporary residence status.

“We’re seeing signs of hope. Canada is starting to turn the corner now, but much work remains to be done,” says Perrin, noting that Canada has yet to successfully prosecute a single person for human trafficking, despite victims continuing to be discovered.
Activist, Legal Reformer, Law Professor

By Lorraine Chan

In 2001, after his undergraduate degree in international business studies at the University of Calgary, Benjamin Perrin traveled to Phnom Penh to work with children whose lives had been shattered by trafficking.

Along with a team of volunteers, Perrin helped implement a project to warn 10,000 at-risk children about trafficking through a public relations campaign with local airlines and travel agents to deter would-be child sex tourists, as well as rehabilitation programs for rescued victims.

Through recovery centres, some of the older girls had learned trades but needed some pointers on how to make a living with their newfound skills in cooking, sewing or hairdressing in their communities.

Perrin created a hands-on small business training program that helped them improve their chances. Through a series of activities and workshops, rescued trafficking victims were taught how to manage their money, market their products, and deal with customers.

“Their stories have never left me and never will. That’s why I’m still working on this issue years later,” says Perrin, who in 2004 was named by Maclean’s magazine as one of the “Best and Brightest.”

He says his earlier activism laid the groundwork for his current mission, to advance research on fighting international crime.

In addition to his fieldwork in Asia, Perrin has also served as a law clerk at the Supreme Court of Canada to the Honourable Madam Justice Marie Deschamps and completed an internship at the International Criminal Tribunal for the former Yugoslavia in The Hague. During his graduate studies in law at McGill University, Perrin was assistant director of the Special Court for Sierra Leone legal clinic that assists the Trial and Appeals Chambers in war crimes prosecutions.

Perrin says international criminal law prosecutions are particularly complex and challenging because they involve a “hybrid legal tradition at the confluence of public international law, international human rights law and national criminal laws.”

The enormous challenge of these cases is not only bringing accused war criminals to justice, but proving relatively new international crimes. He says Canada needs to gain greater experience in organizing such prosecutions, given the scope of international trials.

“They’re much more complicated in terms of what the prosecutor has to prove. Often, the biggest challenge is organizing the case in the midst of special rules for evidence and obtaining access to victims in war-torn countries.”

In recognition of his work in this field, Action Canada named Perrin this summer as one of its 17 Fellows. Action Canada is a national organization based in Vancouver that seeks to create a network of informed, emerging leaders.
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Frequently Asked Questions on Human Trafficking

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* What is the difference between human trafficking and human smuggling?
* What is the scope of human trafficking in Canada and internationally?
* Who are the traffickers?
* How are the victims deceived?
* How would I recognize a victim? (Usually includes a combination of indicators).
* Where would I find a victim who has been trafficked for sexual exploitation?
* Where would I find a victim who has been trafficked for forced labour?
* Considering the clandestine nature of trafficking in persons, how does law enforcement learn of potential cases to investigate?
* What is the role of law enforcement in addressing trafficking in persons?
* What new enforcement powers do the new Criminal Code provisions under Bill C-49 give law enforcement?
* What training is available for law enforcement to enhance their investigative skills regarding human trafficking?
* If I suspect a case of human trafficking, who do I contact?

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.
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