In Canada, human trafficking is prohibited under both the Immigration and Refugee Protection Act (2002) and amendments to the Criminal Code (2005 and 2010).  Under Ministerial Guidelines, officials of Citizenship and Immigration Canada may issue a Temporary Residence Permit to a foreign national in Canada who is believed to be a victim of human trafficking.  In certain circumstances, a foreign national may instead apply for refugee protection in Canada.

To read the prohibition of human trafficking in the Immigration and Refugee Protection Act, please click here.

To read the prohibition of human trafficking in the Criminal Code, please click here

To read about the Temporary Residence Permit that may be issued to trafficked persons, please click here.

Bill C-310 will amend the Criminal Code of Canada to make two important changes regarding human trafficking.

Extraterritorial Offence

First, Bill C-310 will amend the Criminal Code to add the current trafficking in persons offences [s.279.01 and s.279.011] to the list of offences which, if committed outside Canada by a Canadian or permanent resident, could be prosecuted in Canada. The current list of extraterritorial offences includes serious crimes such as child sexual exploitation, hostage taking and terrorism.

Human trafficking is an egregious crime that is often carried out across international borders.  While Canada has adopted stiff penalties for criminals who traffic victims into, through, and from Canada, it is important that we also take responsibility for Canadians who traffic or enslave vulnerable populations in other countries. This amendment will also complement steps being taken by other countries.  

Enhancing Definition of Exploitation

The second amendment will enhance the current definition of exploitation in the trafficking in persons offence [s.279.04 of the Criminal Code]. Currently the definition does not provide specific examples of exploitive conduct. This amendment will add an evidentiary aid for the Court to provide clear examples of exploitation such as the use of threats, violence, coercion, and fraudulent means. Examples of similar evidentiary aids can be found in s.153 (1.2) and s.467.11 (3) of the Criminal Code.

This amendment has stemmed from consultations with law enforcement, lawyers, and prosecutors who have faced challenges demonstrating exploitation in trafficking in persons cases under the current definition.

Source:  Office of MP Joy Smith, Member of Parliament for Kildonan-St. Paul

To read the text or follow the progress of Bill C-310, please go to the website of the Parliament of Canada:  www.parl.gc.ca/LegisInfo.