- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Shefford
- Quebec
- Voting Attendance: 65%
- Expenses Last Quarter: $81,135.43
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- Jun/4/24 9:42:59 p.m.
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Madam Speaker, I thank my colleague and acknowledge his passionate advocacy for indigenous issues. This issue has been raised in many studies by the Standing Committee on the Status of Women. It came up often during a study on the impact of resource development on indigenous women and during the red dress alert study.
In short, we see the matter of trust in authorities, the CBSA and the RCMP crop up in connection with various issues surrounding the safety of indigenous women and girls. It also emerges in relation to the issue of human trafficking of women and girls, something that disproportionately affects indigenous women and girls. We hear it all the time. How can we restore this relationship of trust, and how can this bill contribute to that end, or not?
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Mr. Speaker, I rise today to speak to Bill S-224, which “amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons”.
The Bloc Québécois supports the principle of this bill, because it is imperative that we discuss all the tools likely to help the authorities combat this scourge, which is getting worse as more people move around the globe and the number of refugees increases. This topic is near and dear to my heart, because I would actually like to point out that, although I was unable to attend the annual general meeting yesterday, I had expressed my interest in renewing my mandate as co-chair of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking with my three other colleagues. There are four co-chairs, and we have been working on this issue for several years now.
I will talk about this bill by explaining it in greater detail, then I will talk a bit about the Palermo protocol, and then I will close by denouncing human smugglers.
First, this bill responds to the demands of several human trafficking survivors' groups and would make the definitions of exploitation and human trafficking more consistent with those set out in the Palermo protocol, which Canada signed in 2000. Bill S‑224 is very simple but very important. It removes a phrase from the Criminal Code stating that a charge under these provisions must be based on the fact that the victim believes “that their safety or the safety of a person known to them would be threatened” if they fail to comply. According to the International Justice and Human Rights Clinic at the University of British Columbia's Faculty of Law, asking victims to demonstrate that they have reasonable grounds to fear for their safety may be an obstacle to obtaining convictions for human trafficking. Elements of the offence of human trafficking are more difficult to prove than those of other similar offences. For example, the Immigration and Refugee Protection Act, which prohibits human trafficking, does not require the person involved to prove that they fear for their safety. This standard is no longer appropriate.
Second, it is important to note that this issue transcends borders because of the Palermo protocol, which dates back to 2000. On May 13, 2002, Canada ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Article 3 of the convention clearly defines trafficking in persons. That is how trafficking in persons was added to the Criminal Code in 2005. However, the Canadian definition does not match the one in the Palermo protocol, since the issue of consent or the victim's sense of security is taken into account in it. In Canada, the victim must prove that he or she was in danger or that he or she refused to be exploited.
In a case of trafficking in persons, regardless of whether the victim was initially willing or felt safe, the victim should not have to justify the circumstances under which they were lured in order to prove that trafficking in persons occurred. The U.S. State Department studied the legislation of its two neighbours, Canada and Mexico. Obviously, there is no real comparison. However, the report does make suggestions for Canada. It is important to remember that even if consent was given, such as consent to come to Canada, it does not mean that the person consented to the forced labour or sexual exploitation to which they were subsequently exposed, especially if the victim is dependent on someone because of isolation, lack of resources and language barriers.
In 2005, Bill C-49 added three human trafficking offences to the Criminal Code, as well as a definition. Trafficking in persons is now defined as receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons, as set out in section 279. 02; withholding or destroying a person's identity documents—which happens sometimes or often, even—such as a passport, whether authentic or forged, for the purpose of committing or facilitating trafficking of that person, as set out in section 279.03; and exploitation for the purpose of human trafficking offences, as set out in section 279.04.
In 2008-09, the first case involving a human trafficking charge under this new legislation was completed in adult criminal court. In 2010, subsection 279.011(1) was added to the Criminal Code. It imposed mandatory minimum penalties for individuals accused of the “trafficking of a person under the age of eighteen years”. That was Bill C-268. In 2012, the Criminal Code was amended to allow for the prosecution of Canadians and permanent residents for human trafficking offences committed internationally and to provide judges with an interpretive tool to assist in determining whether exploitation occurred. That is in subsection 279.04(1), and it was Bill C-310.
In 2015, mandatory minimum sentences were imposed for the main trafficking in persons offence under section 279.1 of the Criminal Code, for receiving a material benefit from child trafficking under subsection 279.02 of the Criminal Code, and for withholding or destroying documents to facilitate child trafficking under subsection 279.03(2), stemming from former Bill C-454 introduced by the Bloc Québécois. We have been thinking about this issue for a few years now.
Let us talk about the link between human smugglers and human trafficking. In the context of trafficking in persons, it is important to recognize the related issue of migrant smuggling, which is often mistaken for human trafficking. Migrant smuggling, or what some might call migration assistance, consists of helping an individual cross a border illegally. The individual consents to being transported and makes a payment to the smuggler in exchange for the desired service. On their arrival, the individual can simply be dropped off and cease all contact with the smuggler.
In contrast, human trafficking involves deception, coercion or debt bondage with the aim of exploiting people who might be transported from one place to another. Victims do not necessarily cross borders.
Human trafficking and human smuggling often intersect because smuggled migrants often find themselves in situations of exploitation similar to those experienced by victims of trafficking. This may be the case for people who owe their smuggler money for transportation costs and have to work to pay it back. This is abusive, because the sums involved can be exorbitant when these people arrive. That can also be the case for migrant workers who are forced to work in exploitative conditions. In these cases, human trafficking charges could be laid, even if the smuggled migrants consented to the smuggling at the outset. Things can go sideways afterwards.
All of that contributes to the low rate of reporting. That is the problem. As one can imagine, when victims of trafficking realize what is happening, they hesitate to come forward. According to the sponsor of the bill in the Senate, Julie Miville-Dechêne, a 2018 report from Public Safety Canada explains that victims are often reluctant to report their situation, since they tend to believe that the success rate of prosecutions is very low. Prosecutors, for their part, find it difficult to reach the high threshold of evidence required for trafficking cases.
The statistics are startling. In 2019, 89% of human trafficking charges resulted in a stay, withdrawal, dismissal or discharge. Less than one in ten charges resulted in a guilty verdict. That is why we are examining this issue today.
According to a study by the University of British Columbia's Allard School of Law, there are approximately 4.8 million victims of sex trafficking alone, and 99% of them are female. Statistics Canada has indicated that, according to police-reported data, 2,977 incidents of human trafficking occurred between 2010 and 2020. During that period, 86% of incidents were reported in census metropolitan areas, compared to 58% of incidents of violence or approximately six out of 10. Over half, or 57%, of incidents involved human trafficking alone, whereas 43% also involved other types of crime, mainly offences related to the sex trade. The vast majority, or 81%, of accused human traffickers were men or boys, who were most commonly between the ages of 18 and 24, at 41%, followed closely by men between the ages of 25 and 34, at 36%.
Human trafficking cases took almost twice as long to resolve as cases involving violent offences in adult criminal courts. That is another problem. The median time it took to resolve a case involving at least one violent offence charge in an adult criminal court was 176 days. In contrast, the median time to resolve a case involving a human trafficking charge was 373 days.
It is still hard to get accurate data about the true extent of trafficking. All the organizations agree that it is a widespread problem that generates proceeds rivalling those of drug and gun trafficking. In 2014, the International Labour Office estimated that illegal profits in the general category of forced labour amounted to $150.2 billion U.S. per year, a figure that is still often cited today because it is so huge.
In closing, I too applaud the new provision proposed by Senator Ataullahjan, not least because it uses the terminology from the Palermo protocol, which means that it focuses on the actions of the trafficker, not the victims' fear. Victims' confidence and dignity must be restored, and they must be able to report what is happening to them. More of these cases need to be reported.
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- Feb/29/24 10:19:41 a.m.
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Madam Speaker, the Bloc Québécois prepared a supplementary report to reaffirm that health falls under Quebec's jurisdiction and that the federal government needs to respect that.
Consequently, Quebec can implement major programs to raise public awareness of human trafficking, its forms and its impacts on women, girls and gender-diverse people. Quebec can also ensure that educational materials and training manuals are distributed to the province's vulnerable populations, law enforcement and frontline service providers.
Investments in support services for victims, such as counselling services that take into account the victims' trauma and cultural realities, legal aid and safe housing for victims of human trafficking also fall under Quebec's jurisdiction.
The Bloc Québécois strongly opposes the compartmentalization of human trafficking victims because all lives are equal and everyone must have equitable access to services, regardless of their ethnicity, sexual orientation or gender identity.
To wrap up, with respect to the funding of organizations and initiatives that help people, especially indigenous people, Black people and immigrants involved in the sex industry, including victims and survivors of human trafficking, as well as sex workers, the Bloc Québécois insists that this funding be in the form of transfer payments to ensure Quebec’s jurisdictions are respected. These services should therefore cover the much broader areas of law, justice, health, mental health and addiction.
Finally, the Bloc Québécois is opposed to implementing a procedure to expunge convictions prior to 2014 associated with consensual sex work.
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- Feb/16/24 11:14:05 a.m.
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Madam Speaker, February 22 is now recognized as National Human Trafficking Awareness Day. This should not be just another day on the calendar, but rather a call to action against all forms of human trafficking. It is one of the faces of modern slavery, usually for sexual purposes or forced labour and slavery. Victims often suffer physical, sexual, financial, emotional and psychological abuse, and often have to live and work in horrific conditions.
Because of the damage and violence human trafficking inflicts on victims, it is linked to severe trauma, and recovering from its impact can take a lifetime. Here are a few statistics to illustrate the severity of this scourge: 93% of victims were born here; 97% are women and children, many of them indigenous.
There are still too many victims. This national day of awareness must empower us to better identify these heinous crimes, vehemently condemn them and to fight them more effectively.
We must take action.
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- Dec/11/23 8:00:33 p.m.
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Madam Chair, I thank my colleague from Peace River—Westlock, with whom I co‑chair the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking. Last year we even went to Winnipeg to reflect on the issue of human trafficking. This all happened at the same time as we were conducting our study at the Standing Committee on the Status of Women. We are still in the process of finalizing the report. Sadly, while travelling from Halifax to Vancouver via Ontario, we realized that the study we are conducting will confirm that indigenous women are overrepresented among victims of exploitation and human trafficking. It is deplorable that in 2023, we are still at this point.
I think that we will have to go even further and ensure that the report that we produce does not just get shelved. We must jump into action to get our recommendations implemented.
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- Jun/13/23 4:49:14 p.m.
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Madam Speaker, in his speech, my colleague spoke about China and its current regime. I would like to follow up on what my colleague from Longueuil—Saint-Hubert spoke about earlier, namely the situation of the Uyghurs and the forced labour of Uyghur children.
I would like him to expand on the issue of zero tolerance. Should Canada adopt a zero-tolerance approach to everything concerning human trafficking in all its forms in Canada and also around the world?
I believe we must send a clear message. We need something that goes far enough to truly address the issue of forced labour, which especially affects the Uyghur community in China.
I would like to hear more from him about the importance of adopting a zero-tolerance approach.
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Madam Speaker, as I mentioned, Bill C‑21 deals with legal firearms in particular, but there is the whole issue of illegal firearms. That is why I was talking about Bill C‑279, which would make it possible to make a list of criminal groups, look at what is happening at the border, invest in the work associated with public safety.
As I said, what is happening south of the border has consequences here. Weapons trafficking is happening on both sides and we definitely need to do a better job on this. The numbers show that there are far too many illegal firearms, specifically 95%. That is huge. Now that Bill C‑21 has been worked on, we definitely need to address these illegal firearms.
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- Apr/18/23 4:21:13 p.m.
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Madam Speaker, I want to thank my colleague for her speech. We have just returned from a week of work at the Standing Committee on the Status of Women, where we looked at the state and situation of human trafficking. I know we are committed to addressing the sexual exploitation of women.
However, I was listening to her speech today and I am going to have to disagree with it, to object to what she said. I heard a lot of greenwashing. She talked at length about green energy but, essentially, the $21 billion set out in the budget is going to go to oil companies, small nuclear plants, oil extraction, dirty hydrogen and carbon capture. I am not alone in saying this. Environmental experts are saying that carbon capture is greenwashing.
I would like to hear my colleague's opinion on this. Frankly, they may have good intentions, but unfortunately, I feel like this government does not walk the talk when it comes to the environment.
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- Apr/17/23 5:01:21 p.m.
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Madam Speaker, I thank my colleague for her speech.
Clearly, we are not going to agree on certain things, such as Bill C‑11 and all the disinformation around it. No, Bill C‑11 will not infringe on freedom of expression. However, we do agree on the issue of security, and I am very interested in hearing her talk about that. For example, it is deplorable that there is still no independent inquiry on Chinese interference, which is quite serious. We might have expected an announcement about some action being taken on this issue. Concerning arms trafficking, there are no measures to strengthen the control of gun smuggling across the border. That is very worrisome.
I would like my colleague to talk about that.
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Madam Speaker, I thank my colleague for his speech, which was very wide ranging.
I will try to be as quick as possible while addressing all the different topics he mentioned.
First, to reduce red tape, the Bloc Québécois would like a single tax return. I hope that the Conservatives will also think about that.
Concerning today's issue, that is the bill for indigenous people, I have just come back from the United Nations, where the issue of water was discussed. During this trip with the Inter-Parliamentary Union, I noted that Canada is lagging behind and that, because of the actions of previous governments over the past few decades, today, in 2023, there are indigenous people who do not have water. That is absolutely unacceptable.
I just got back from an Inter-Parliamentary Union meeting where we discussed the fact that the way Canada has treated indigenous peoples for quite some time is a stain on its international reputation.
Furthermore, the Standing Committee on the Status of Women is currently studying the issue of human trafficking. Ninety-six percent of the victims of human trafficking are women. That is an astonishing percentage. Of that 96%, a significant percentage are indigenous women being exploited in human trafficking and modern slavery.
Beyond the symbolism of historic sites, how can we take concrete action to support indigenous peoples?
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- Nov/30/22 2:07:53 p.m.
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Mr. Speaker, December 2 is the International Day for the Abolition of Slavery. It is a grim reminder that, even now, in 2022, this problem still exists. Slavery has not been relegated to the history books; it remains a chilling reality to this day.
According to the International Labour Organization, over 40 million people around the world are currently victims of forced labour. I deplore the fact that, all over the world, modern slavery affects women in particular. They are subjected to terrible practices, such as debt bondage, forced marriage and human trafficking.
Together with my fellow members of the All Party Parliamentary Group to End Modern Slavery and Human Trafficking, I encourage everyone here to work across party lines to eradicate new forms of slavery, such as sexual exploitation, child labour and the forced recruitment of children for use in armed conflict.
Together, let us take action against this scourge.
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- Oct/24/22 7:41:36 p.m.
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Mr. Speaker, I thank my colleague from Jonquière for his speech. I would like to make a comment rather than ask a question.
This evening's debate brings two things to mind. I am a member of the All Party Parliamentary Group to End Modern Slavery and Human Trafficking. Of course, the committee talked about the Uighurs. The fact that this group of people is being subjected to modern slavery in this day and age disturbs me.
As the status of women critic, I will end on a much more personal note. As my colleague said, when women are being subjected to forced sterilization, that is a sure sign of a desire to annihilate a group of people. When things get to that point, economic considerations stop mattering and humanitarian considerations take over. That is our role as parliamentarians. It is our duty, as a member of the international community, to take action rather than merely express good intentions. It is time to take action.
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- May/4/22 8:00:02 p.m.
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Mr. Chair, my colleague touched on a subject that is very important to me. In fact, at yesterday's general meeting of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, I was re-elected vice-chair.
We have studied this issue extensively. My colleague mentioned that 54% of human trafficking victims are indigenous women. That is huge. He also said that before concrete solutions to help these women can be proposed, a lot more data and studies are needed.
During the pandemic, some of these numbers were lost. The pandemic really complicated the research being done to get a more accurate picture of human trafficking and its impact on indigenous women. I would ask my colleague to comment on that.
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