‘Trafficking in persons’, especially women and girls, is not a Canadian problem, such is the response of many people I have had the opportunity to talk to about the issue of trafficking. More surprisingly, this is often the response I get when I speak to service providers who do front line work in a variety of different sectors. In many of the trainings that I have done on the issue of trafficking, the response of the participants is often: “we haven’t seen any victims of trafficking at our agency” or “is trafficking really a problem here in Ontario?” The general conclusion that one would draw after having had such conversations is likely that trafficking doesn’t happen here in Canada. It happens “over there”, and the victims of trafficking are vulnerable women and girls living in poverty in the developing world.
But the news reports tell us something very different. These stories focus on the particular plight of the victims. Often, the news stories are sensationalized and the narratives are very similar: A victim of trafficking, usually a young woman, escapes the traffickers who have held her captive. She tries to find help and in some instances is able to contact police officers and tell them what happened. Her story is one of victimization. She has been lured from her home country by the traffickers; individuals who are criminals and possibly involved with organized crime. Once the traffickers bring her to Canada, they sexually exploit her and she is forced to engage in sex work. They threaten her life. They threaten her family. But what do we know of her story after this?
Trafficking in persons is not a new phenomenon. For as long as people have moved across borders and there has been migration, there has been trafficking. Statistics of how many individuals are trafficked into Canada are hard to locate. Annually and worldwide, the United Nations estimates that 700,000 people are trafficked. [1] According to the U.S. Department of State’s 2007 Trafficking in Persons Report, Canada is principally a transit and destination country for victims of trafficking.[2]
For some years now the Canadian government and key law enforcement agencies have taken notice of the issue of human trafficking. There is generally a global recognition that trafficking is a serious issue that requires state governments to take action. For the most part, and this is particularly the case in Canada, this action has focused on the prosecution side of the problem of trafficking. Some jurisdictions who have more experience in addressing the issue of trafficking have moved their focus beyond that of prosecution to that of providing protection and support to victims of trafficking. That is the direction that Canada should be going in, but we are still quite far from accomplishing that goal.
At a meeting of the United Nations in Palermo, Italy in 2000, the Convention Against Transnational Organized Crime was adopted by the UN General Assembly. In addition to adopting that Convention, two protocols that were part of it were also adopted, these being: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol Against the Smuggling of Migrants by Land, Sea and Air. Typically these protocols are referred to as the Palermo Protocol. Its significance lies in the fact that it was the first joint effort by nation states to take action against trafficking of human beings.
Canada ratified the Palermo Protocol in May of 2002. Subsequently, the government has tried to take steps to fulfill its obligations under Palermo. This has taken the form of legislative changes. The Immigration and Refugee Protection Act (IRPA) came into effect in June of 2002. Specifically, the offence of trafficking is defined in section 118 of IRPA. The maximum sentence for those found to have contravened this provision is life in imprisonment. Although the government intended for this provision to have a prohibitive effect on those who engage in trafficking, it has not been successful. In April of 2005, the first charges were laid under this provision but the outcome in the case was not a conviction. In addition, to the IRPA trafficking provisions, on November 25, 2005, Bill C-49 came into effect adding provisions in the Criminal Code of Canada, to specifically prohibit trafficking within Canada. Similarly, however, no successful convictions have been obtained to date.
In May of 2006, the Minister of Citizenship and Immigration introduced a new temporary resident permit (TRP) for victims of trafficking in persons. At the discretion of an immigration officer, a victim of trafficking could apply for the TRP and be permitted to remain legally in Canada for 120 days. In addition they were also entitled to Interim Federal Health (IFH) coverage. In May of 2007, the Minister extended the period by which a victim of trafficking could remain legally in Canada to 180 days and also, holders of this specialized TRP were allowed to apply for a work permit without being required to submit the requisite fees.
If we were to consider trafficking in persons a human rights issue, however, the official efforts that have been made thus far are simply not enough. Although they allow Canada to fulfill its minimum requirements under the Palermo Protocol, non-governmental organizations (NGOs) and various community groups across Canada continue to criticize the gaps in services offered to victims of trafficking. It continues to be a challenge to identify victims of trafficking and, once alerted to the fact they are victims, they are forced to rely on existing social service supports which are already under resourced. Further, victims remain afraid to come forward because the options available once they come to the attention of immigration officials and/or authorities put them on a path towards greater uncertainty and peril, rather than safety.
[1] Laura Barnett, Trafficking in Persons, Library of Parliament, Law and Government Division, 31 July 2006 (revised 26 June 2007), at <http://www.parl.gc.ca/information/library/PRBpubs/prb0624-e.pdf>
[2] Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report 2007, U.S. Department of State at http://www.state.gov/g/tip/rls/tiprpt/2007/
Resource details:
Author: Clara Ho
Type/Format of Resource: EWA Newsletter
Category/Topic of interest: Woman Abuse; Human Rights
Population Group: Friends & Family; Victims / Survivors; Health Care Service Providers; Social Service Providers; Legal Service Providers; Immigrant/Refugee Women; Criminal Justice ; Youth; Aboriginal Women
Year of Publication: 2008