44th Parl. 1st Sess.
May 23, 2024 10:00AM
Mr. Speaker, it is always a pleasure to stand in the House on behalf of the residents of Etobicoke Lakeshore. This evening, I am pleased to speak to Bill S-224, an act to amend the Criminal Code with regard to human trafficking.
I want to say at the outset that while we are unable to support the bill, I understand the objective the sponsor was trying to achieve, and it is a laudable one. The intention of the sponsor is to protect victims and to hold human traffickers accountable. However, after the Standing Committee on Justice and Human Rights' review of the proposed legislation, including hearing from a variety of witnesses, it was apparent that the bill raised significant legal concerns and would likely end up making it harder to prosecute human traffickers rather than easier, as was intended. Although the committee and the government cannot support the bill, I am very grateful for the opportunity this bill, Bill S-224, has provided to review the Criminal Code's human trafficking provisions. It is critical we do so to continue to ensure a robust response.
Human trafficking is one of the most heinous crimes imaginable. It is often described as a modern-day form of slavery. It involves the recruitment, transportation, harbouring and/or control over the movement of persons for the purpose of exploitation, typically for sexual exploitation or forced labour. Human trafficking devastates its victims and survivors, their families, communities and society as a whole.
In Canada, available data primarily concerns human trafficking for sexual exploitation. Traffickers seek to profit from the sexual exploitation of others, treating victims as commodities for the traffickers financial gain. Between 2010 and 2021, the large majority of individuals accused of trafficking were men and were most commonly between the ages of 18 and 24. While we know that anyone can be targeted by a trafficker and can become a victim of human trafficking, between 2010 and 2021, 96% of police-reported victims were women and girls. Almost one in four, or 24%, of the reported victims were younger than 18 years old; half, 45%, were between 18 and 24 years old; and one in five, 20%, were between 25 and 34 years old. Moreover, women and girls are more at risk of being targeted by a trafficker when they are impacted by factors like poverty, isolation, precarious housing, substance use, history of violence, childhood maltreatment and mental health issues. In short, traffickers look for young women and girls in precarious situations and target these individuals for their own financial gain.
We also know that indigenous women and girls are disproportionately represented among those trafficked, or are at risk of being trafficked for sexual exploitation. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls speaks to many of the intersecting factors that increase the likelihood of being targeted by a trafficker, including systemic racism, violence against indigenous women and girls, intergenerational trauma from colonization, lack of access to social and economic resources, and colonial assimilation policies. The majority of victims are trafficked by someone they know. For example, nearly one-third of victims have been trafficked by a current or former intimate partner. In fact, some traffickers target and romantically pursue a potential victim with the specific intent of exploiting them.
Traffickers use manipulation and deception to exploit the vulnerabilities of those they target. This can include providing at-risk women and girls with affection, care and security. Why do they do this? They are positioning themselves as someone their victim can trust so that they can more easily control that victim. Once control is established, traffickers use a variety of tactics to maintain control. They may sexually and physically assault the victim, starve or confine the victim, engage in psychological abuse or threaten violence. They turn the victim's life into a living nightmare. Traffickers will go to great lengths to keep victims isolated and unable to seek help. They often separate victims from those who could help them, hiding them from the public and ensuring they do not have access to support. They may force victims to commit crimes while being trafficked and convince them that they will be arrested if they try to seek help.
We also know that victims may be unwilling or unable to seek help for a number of reasons, such as distrust of authorities, which is often created or fostered by the traffickers themselves, or because victims are fearful or ashamed, are not aware of their rights in Canada, are experiencing language barriers or are wanting to protect their trafficker. After being trafficked, victims may experience post-traumatic stress and memory loss as a result of the physical, sexual, financial, emotional and psychological abuse they were subject to while being trafficked.
Many victims live with both the physical and the psychological scars of the trauma they have endured. It is paramount that victims be supported and that the traffickers be brought to justice. I am assured by the fact that the Criminal Code contains a robust legislative framework governing human trafficking, which includes specific human trafficking offences, including trafficking in adults, child trafficking, materially benefiting from human trafficking and withholding or destroying identity documents to facilitate this crime, with maximum penalties up to life imprisonment.
As human trafficking cases are complex, additional offences may be used, depending on the facts, such as uttering threats, forcible confinement, assault and sexual assault. Bill S-224 sought to strengthen the framework, and I agree with the bill's sponsor that we must continue to reflect on how we can ensure the most robust legislative framework possible, and as I have said, I am grateful that we have had the opportunity to do just that.
We know that the Criminal Code's human trafficking provisions, which were first enacted in 2005, have been interpreted broadly and that they apply in a broad range of cases, including those that involve only psychological forms of coercion. I will quote from one committee witness, Dawne Way, who represented the victims of human trafficking and who opposes the bill. She said, for example, “I have two main reasons for taking this position. The first is that it is unnecessary, and the second is that the amendment would result in unintended delays and constitutional challenges that would be to the detriment of complainants.”
I want to conclude by expressing my thanks to Senator Ataullahjan and to the member for Oshawa for providing us with the opportunity to review the Criminal Code's legislative framework that criminalizes human trafficking. While I firmly believe we should be reviewing these important provisions to ensure they are achieving their important objectives, I am reassured by the court's broad interpretation, which is consistent with its objectives of protecting victims from the full range of exploiting conduct and of holding offenders to account.
Given the evidence that Bill S-224 is likely to make it harder to prosecute human trafficking rather than easier, we have to oppose the bill.
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- May/23/24 7:26:45 p.m.
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Mr. Speaker, first, let me start by thanking the minister for his remarks and saying that it is a privilege to serve alongside him in his capacity as Minister of Justice.
The minister made some remarks about our Charter of Rights and Freedoms. Throughout my entire adult life, this has been a document that Canadians have come to rely on, and the expectation is that their rights will be protected. However, about two weeks ago, the leader of the official opposition said something that can only be described as astonishing. In fact, it is frightening. He told Canadians that he, and he alone, would be the sole arbiter of my rights, and all Canadians' rights, which he would defend. That is not the way Canada works. That is not the way the federal government works. Never in the history of our country has the federal government ever invoked the notwithstanding clause.
Perhaps the minister could expand on his comments, on the importance of the charter and on this reckless suggestion by the Leader of the Opposition.
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- May/23/24 7:29:17 p.m.
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Mr. Speaker, perhaps the minister could just reinforce the difference between the Liberal government's position and the position taken by the Leader of the Opposition, just so that Canadians can be assured, as long as this government is in power.
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- May/23/24 7:30:00 p.m.
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Mr. Speaker, I will move on to a different subject.
We are talking about court delays. I practised law in Ontario for 20 years before I had the privilege of serving in this House. We all know that court delays are caused by multiple different factors.
Perhaps the minister could share his thoughts on some of those other factors, including the provincial government's role in and responsibility for the court system.
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- May/23/24 7:30:54 p.m.
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Mr. Speaker, on that point, the Liberal government, shortly after it was elected, increased the judicial complement in this country, including here in Ontario.
Perhaps the minister could take a moment to share with us the number of judicial appointments he has made since he was appointed as minister.
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- May/23/24 7:31:42 p.m.
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Madam Chair, I will get back to this later, but perhaps the minister could briefly touch upon, and reinforce, the changes that were made by the government to the appointment process that have enhanced the quality of the bench.
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- May/23/24 8:03:14 p.m.
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Madam Chair, it is a pleasure to rise again this evening to join this conversation that is so central to our democracy. There is something I want to talk about, that I touched on earlier, about federally appointed judges and our judiciary in Canada, which is one of the strongest in the world, in my opinion. We are very fortunate in Canada to have an independent and highly regarded judiciary that is respected around the world.
Canada's exceptional superior court judges are appointed through a robust, independent process, a process that our government was proud to establish in 2016. This process emphasizes transparency, merit and the diversity of the Canadian population. It continues to ensure that Canadian superior court judges meet the highest standards of excellence and integrity.
Our government considers judicial appointments a priority. We recognize that a strong and independent superior court judicial appointment process is crucial to public confidence in our justice system. That is why, in October of 2016, our government implemented significant reforms to the superior court judicial appointment process. These changes were designed to increase the openness and transparency of the process, promote diversity on the superior court bench and help bolster Canadians' confidence in the process by which their superior court judges are appointed. Today, I would like to highlight some of these crucial reforms.
First, our government introduced changes to promote diversity on the superior court bench. Ensuring our superior court judiciary reflects the diversity of Canadians is fundamental to a fair and effective justice system. When Canadians see themselves reflected in those who sit on the bench, their overall confidence in the administration of justice increases. The application form for superior court appointments was reworked to allow applicants to share their experiences, tell their stories and self-identify by gender; as indigenous, 2SLGBTQI+, racialized, a member of a cultural or ethnic group; and as living with a disability if they chose to do so.
Another one of our reforms was to reconstitute the judicial advisory committees, JACs, to be more reflective of the diversity of our local communities and to provide members with training on diversity, on conscious bias and assessment of merit. The JACs play an important role in the appointments process. They are responsible for considering applications, assessing each applicant as either highly recommended, recommended or unable to recommend for appointment, and reporting their assessments to the Minister of Justice.
Another reform was with respect to the independence and effectiveness of the JACs. In addition to promoting diversity, the 2016 changes increased the independence and effectiveness of the JACs. We instituted an open selection process for the three JAC members who represent the general public, to give any member of the public the opportunity to express their interest in being involved, and to ensure that Canadians are properly represented in the appointment process.
The next reform is with respect to transparency and rigour. Our 2016 reforms to the superior court appointment process included measures to increase transparency. Since 2016, the commissioner for federal judicial affairs, which administers the appointment process, has collected and published statistics and demographic information on those who apply for judicial appointments and those who are appointed. This publicly accessible information, published on the commissioner's website, helps Canadians gain a better understanding of the makeup of our superior court judiciary, the work of the JACs and the number of highly qualified jurists who are motivated to serve their communities as judges.
In the 2022 reforms to the superior court appointment process, we made further changes to the process in response to comments we received from organizations such as the Canadian Judicial Council and the Canadian Bar Association. The application form was revised to ensure that the JACs received thorough, comprehensive and relevant information on candidates. The revised form also incorporated more respectful and inclusive language while continuing to give candidates the flexibility to highlight their experiences, including their interactions with their communities, and explain how their experiences have shaped them.
I am proud that since the reform process was implemented, more than half of the new judges appointed are women and the appointments broadly provide representation that is more in line with the diversity of Canadian society.
I would also emphasize that this government has, time and time again, demonstrated a meaningful commitment to access to justice by increasing the number of judges serving Canadians. Beginning in budget 2017, our government has funded 116 new judicial positions. Furthermore, most recently, in budget 2024, we have proposed that 17 judicial positions originally allocated to unified family courts in budget 2018 be repurposed to general trial courts. This would allow for a timely response to demonstrated current pressures on superior courts, including family matters.
I fully appreciate the critical importance of filling vacancies, and I am committed and the minister is committed to continuing to do so as quickly as possible. Since November 2015, this government has made more than 730 judicial appointments. We are pleased that since his appointment in July 2023, this minister has announced over 100 appointments, as he mentioned earlier.
There will always be more steps to take and more improvements to make to ensure access to justice for Canadians. It takes the decisions and actions of a myriad of stakeholders who continually show their dedication to this laudable goal. I am deeply committed to continuing to do what I can to ensure a just and accessible justice system, since that is one of the reasons that I personally chose to enter public life. I know I share that sentiment with our Minister of Justice. I am proud that the federal government is doing its part as is unequivocally demonstrated by the minister's appointment record and by the government's support for new judicial resources in federal budgets.
To conclude, I will return to where I started. Our reformed superior court judicial appointments process has allowed us to continue to appoint outstanding jurists, members of a globally respected independent judiciary. Since implementing the major reforms to the appointments process, hundreds of outstanding jurists have been appointed to the superior courts across the country. They are respected in their communities and come from a broad range of backgrounds and practice areas. Every day, these exceptional judges are serving Canadians and fulfilling their unique and crucial role in our justice system. These judges were appointed through the reformed appointments process that serves Canadians well. It is a process that emphasizes transparency and merit, that reports on its progress and that works toward a bench that better reflects Canada's diversity.
Madam Chair, I am going to use the balance of my time to put a few questions to the minister, if I may. The first question is on an issue that comes up time and time again.
I mentioned earlier that I am proud of the fact that I practised in the courts of Ontario for a lengthy period of time. I am proud of the fact that we have one of the greatest judiciaries in the world. I have never been let down by our judiciary. By practising for so long and appearing in courtrooms in most cities in Ontario, I spent a lot of time asking questions. However, there is a question that I never once asked when I walked into a courtroom: Who appointed this judge? Do members know why? It is because it does not matter, because we have faith in our system and Canadians have faith in our system. Unfortunately, the Conservative opposition members, every opportunity they get, pose a question. They allude to the fact that our system is somehow tainted. They allude to the fact that our appointments process is inadequate. All that does is undermine the confidence Canadians have in our system when they have every reason to have total confidence in our system.
Is the fact that I never asked that question a reflection of our government's approach? The allegation that this government has any political input into the appointment of judges, in my opinion and in my experience, is absolutely and utterly false and I would like to hear the minister's views on this.
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- May/23/24 8:13:56 p.m.
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Madam Chair, I am going to go back to a topic I touched on earlier. It has to do with the judiciary, judicial vacancies and delays in our courtrooms.
As I said, I practised for a long time. I practised in Toronto, and there was a number of times I would have a trial ready to go in Newmarket, Oshawa or Brampton, only to be told there was no judge available or there was no courtroom available. In fact, there was a number of times I went to courts ready to start a trial, and they would say that there was a judge available, but there was no courtroom.
Canadians also need to understand that, when they walk into a courtroom and there is a superior court judge sitting there, the person who is sitting on the bench was appointed by the federal government. Every other component of the system, all of the infrastructure, is the responsibility of the provincial government: the desks, the chairs, all of the staff in that room, and the buildings, including the number of courtrooms in those buildings.
There are people who are in the trenches, and they know better. Conservative lawyers become Conservative politicians because they can make allegations without facts to support them. The fact of the matter is that the provincial governments are not committing the resources necessary to make sure that our judicial system functions at its maximum capacity. We have more judicial capacity in Canada right now than we have had at any time in my entire career, so I would like to hear more from the Minister of Justice on the complexity of the court system and the delays that are inherent in it because of these different factors.
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- May/23/24 8:17:42 p.m.
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Madam Chair, on the issue of the complexity of problems, I am going to go to auto theft.
The minister has been quite candid in acknowledging the fact that this is a serious problem. I find candour is a rare commodity in politics these days, so it is refreshing to see somebody who is willing to admit that there is a problem and that circumstances require a response, but one of the issues is auto theft. The minister spoke about this earlier. I am sure we will hear about it more tonight. One of the complexities is that it involves multiple levels of government and multiple parties.
Here is a fact: There are 800 fewer police officers in the streets in the GTA, where I come from, since 2015—
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