SoVote

Mr. John Aldag (Cloverdale—Langley City, Lib.)

Dec/2/22 12:22:42 p.m.
Watch
Re: Bill C-23

Mr. Speaker, I listened with interest to my colleague's intervention on Bill C-23 today. I have been to his area, to Camrose, having grown up in the Prairies and having family there. I heard about his passion for the area of Neutral Hills, which I actually have never visited, and he spoke about the first nations teepee rings, arrowheads and other cultural objects there. He also expressed concerns about the provisions for law enforcement within Bill C-23 and the enforcement capabilities covered. If the Neutral Hills or areas like it were a national historic sites, would we not want to have appropriate designation for the protections of the objects within it? Would the member be willing to support the much needed measures in Bill C-23 for law enforcement to help protect the treasures found within federally owned national historic sites, protections that currently do not exist?

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Context: House Hansard - 140 - Dec/2/22

Mr. Damien Kurek

Dec/2/22 12:25:52 p.m.
Watch
Re: Bill C-23

Mr. Speaker, after looking through the bill, I think one of the very clear examples of an appropriate path forward for amendments would be to ensure that there are clear guardrails set. This would ensure that, when it comes to enforcement, there would be appropriate enforcement, which would also be guided by the dynamics that exist within a particular region, working with other levels of government and ensuring that we do not have the ability for activism that may have a negative impact on the local communities. They often rely on the lands, monuments and institutions associated with national historic sites, which is why we have to get it right.

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Context: House Hansard - 140 - Dec/2/22

Mr. Michael Cooper (St. Albert—Edmonton, CPC)

Dec/2/22 2:20:45 p.m.
Watch
Re: Bill S-224

Madam Speaker, I rise in strong support of Bill S-224, legislation that will strengthen the human trafficking laws under the Criminal Code. Under the Criminal Code, in order to successfully convict someone of human trafficking, two elements must be satisfied. The first is that the perpetrator recruited, transported or harboured the victim. The second is that it was done for the purpose of exploitation. This bill relates to the second element, which is that of exploitation. More specifically, it redefines exploitation by removing the requirement that the Crown establish that the victim reasonably believed their safety to be threatened by the perpetrator. This is a welcomed change in the law that removes a barrier to successfully prosecuting and convicting human traffickers. Moreover, it brings the Criminal Code definition of exploitation under our human trafficking laws in line with the international definition, which is the anti-human trafficking UN protocol, namely the Palermo protocol, which Canada ratified in 2002. Before I elaborate on the merits of this bill, I want to take this opportunity to commend the member for Oshawa for his leadership in championing this important and needed legislation. The member has been a tireless advocate for the rights of victims. I would also like to recognize my Conservative colleague, Senator Salma Ataullahjan, for introducing and successfully shepherding this bill through the Senate with unanimous support. That unanimity, I believe, speaks to the merit of this legislation. Human trafficking is a heinous crime. It is a gross human rights violation. It is a form of modern slavery. Human trafficking is also a complex and multi-dimensional crime involving a range of criminal activities, from sexual exploitation to forced labour and debt bondage. Human traffickers exploit some of the most vulnerable persons in Canadian society, 95% of whom are women and more than 70% of whom are under the age of 25. Indeed, it is estimated that a quarter of human trafficking victims are children. Human traffickers profit through the brutalization of their victims by taking away their freedom and personal autonomy and stripping them of their human dignity. Human trafficking is truly a horrific crime, and it is one that is unfortunately growing in Canada. Although it is not known how widespread human trafficking is, having regard for the fact that this is a crime that is committed in the shadows of Canadian society, police data indicates that human trafficking cases have increased elevenfold between 2010 and 2016. Despite the fact that it is widely understood to be a widespread problem, very few human trafficking cases are successfully prosecuted under the human trafficking provisions of the Criminal Code. I sat on the justice committee in 2018 when we undertook a study across Canada on human trafficking. We travelled from Halifax to Vancouver. One of the things we consistently heard was the difficulty, in practice, of using the human trafficking provisions to convict and put away those who commit this horrendous crime. Indeed, often prosecutors end up prosecuting the case under offences such as procuring and material benefit, which are lesser offences under the Criminal Code. The reason being is that these cases are very difficult to prove, and this is made all the more difficult by the need for the Crown to establish that the victim reasonably expected their safety to be threatened. This is made more difficult for several reasons. First, there is more likely a need to bring in the victim and call them as a witness at the trial. Many times, human trafficking survivors, for understandable reasons, are reluctant to testify, given the trauma that they have endured, and given the fact that they do not want to relive the horrors they have been subjected to by their perpetrator under the pressures of cross-examination. Moreover, it puts attention where it should not be, and that is on the state of mind of the victim rather than the actions of the perpetrator. From a practical standpoint in a trial context, that is made all the more problematic given the circumstances in which human trafficking survivors find themselves in, which is brutalized, having endured enormous trauma, sometimes with impediments to their memory. They may have mental health issues they are suffering from as a result of these crimes committed upon them. This is why, under the Palermo protocol, the focus is not on the state of mind of the victim but on the actions of the perpetrator. That is what this bill would do. It would bring our Criminal Code in line with the Palermo protocol in this important regard. I would also note that, in requiring that that fear be established, that the victim reasonably feared for their safety, it results in an overly narrow definition of exploitation. When someone is particularly vulnerable, threats of force or violence may not be necessary to control that person. There could be circumstances where, by every other measure, the victim is being trafficked, but it is impossible to obtain a conviction because it is not possible to meet the objective standard that they feared for their safety. For all of these reasons, this bill is needed. It is, as the member for Oshawa, noted in his thoughtful speech, a relatively minor change to the Criminal Code, but one that would have a real impact in seeing that survivors of human trafficking receive the justice they have been denied, and it would give law enforcement and prosecutors the ability to use the Criminal Code human trafficking provisions to successfully prosecute and convict human traffickers as human traffickers. I urge the speedy and unanimous passage of this important bill.

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