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House Hansard - 316

44th Parl. 1st Sess.
May 23, 2024 10:00AM
Context: House Hansard - 316 - May/23/24
Mr. James Maloney (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)
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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