An Overview of Trafficking in Persons and the Government of Canada's Efforts to respond to this Crime: 2009-2010

Trafficking in persons (TIP) is a very serious crime. Traffickers recruit, transport, harbour or control the movement of persons in order to exploit them by causing them to provide their services or labour because they fear for their own safety or even the safety of someone close to them. Victims suffer physical, sexual and/or emotional abuse and often live and work in horrific conditions. Trafficking in persons is a crime that does not necessarily involve movement or crossing of borders. Its defining characteristic is the ongoing exploitation of its victims.

The Government of Canada has long recognized the importance of a comprehensive, coordinated and multi-sectoral strategy to respond to this crime. Canada's approach to this issue is guided by its international commitments, most notably those contained in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Canada's approach is organized around four broad principles:

1. the prevention of trafficking;
2. the protection of victims;
3. the prosecution of offenders; and
4. working in partnership with others.

The Interdepartmental Working Group on Trafficking in Persons (IWGTIP) continues to serve as the federal governmental focal point and centre of expertise for all anti-trafficking efforts. The Working Group is chaired by the Departments of Justice Canada and Public Safety Canada and comprises 17 departments and agencies.

This document provides an overview of trafficking in persons in Canada and federal efforts to respond to it. It is not an exhaustive analysis of all federal efforts, nor of all Canadian efforts to address trafficking in persons. Its objective is to explain the current understanding of the nature and scope of TIP and detail the Government of Canada's efforts to respond to it, focussing on events and initiatives in 2009 and early 2010.

Overview of Trafficking in Persons

It is difficult to estimate the true extent of this crime worldwide since it is by nature a clandestine activity. Other factors, such as the reluctance of victims to come forward, challenges in identifying human trafficking and national differences in defining trafficking as well as reporting on it also contribute to the lack of accurate information on the magnitude of this criminal activity internationally.

Despite this, some general observations can be made. A disproportionate number of women and children are victims of this crime. According to the United Nations (2009), women and girls represent 66 and 13 percent of victims respectively, while men and boys represent 12 and 9 percent. The UN has estimated that 700,000 people are trafficked each year.

Generally, global patterns suggest that the number of victims of trafficking continues to increase. It has not been established whether this increase is due to enhanced efforts to investigate, detect and report this crime or whether there is an actual increase in the incidence of the crime worldwide.

Trafficking in persons is often characterized as a "low risk/high reward activity" because of its clandestine nature and the fact that the victims can be exploited over and over for the financial or material benefit of the traffickers. The UN has estimated that TIP generates approximately $32 billion annually for its perpetrators.

Canada's Experiences with Trafficking in Persons

Experience to date suggests that trafficking for sexual exploitation is more prevalent in Canada than trafficking for labour exploitation, specifically in large urban centres. Vulnerable populations at risk of becoming trafficked include migrant women, new immigrants, at-risk youth and those who are socially or economically disadvantaged. Foreign nationals, permanent residents and Canadian citizens have been subjected to this crime. Intelligence suggests that organized crime is involved in human trafficking activities associated with forced prostitution. The level of sophistication of these groups and their links to transnational crime has not been determined.

Canada is believed to be primarily a destination country to which persons are trafficked. Asia and Eastern Europe are believed to be the primary source regions for persons being trafficked into Canada for sexual exploitation. Trafficked women of Asian ethnicity, who may be recruited within Canada or abroad, have been identified in bawdy houses operated by Asian organized crime groups. The women may be foreign nationals, Canadian citizens or permanent residents.

While not all cases of labour abuse will amount to trafficking in persons, investigations into claims of labour exploitation or abuse in Canada have, to date, centered on the treatment of migrant workers. The majority of these cases are associated with abuses related to the federal Temporary Foreign Worker (TFW) Program.

Given the importance of a strong knowledge base for effective action, the Government of Canada is working to enhance data collection on TIP. For example, the Government has recently concluded a study on the feasibility of developing a national data collection framework in Canada. Please see: http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?lang=eng&catno=85-561-M2010021.

In 2009, the RCMP completed a national threat assessment on TIP that occurred between 2005 and 2009. The objectives of the assessment are to identify organized crime involvement, transnational associations, source countries, and trends in TIP activities involving foreign nationals as well as domestic victims. The assessment provides a brief tactical analysis of organized crime groups with suspected involvement in human trafficking and identifies issues, challenges and intelligence gaps that affect enforcement efforts in the disruption of TIP in Canada.

Prevention of Trafficking in Persons

The Government of Canada leads, supports and implements a broad range of prevention and awareness measures aimed at the general public, law enforcement, prosecutors, governmental officials, civil society and potential victims.

In 2009, the Government of Canada announced a partnership with the Canadian Crime Stoppers Association (CCSA) to develop a national awareness campaign on human trafficking and to use the Crime Stoppers national tip-line for the public to anonymously report suspected cases of human trafficking. The purpose of the campaign is to help raise public awareness of the potential dangers of human trafficking and to provide information on where to report suspected cases. The "Blue Blindfold" campaign's key message is "Don't Close Your Eyes", which represents the need for all people to be aware of the risk that human trafficking is occurring in our communities. For more information, please see:
http://www.publicsafety.gc.ca/media/nr/2009/nr20090115-eng.aspx and http://www.canadiancrimestoppers.org/?content/human_trafficking.html.

Through the Human Trafficking National Coordination Centre ("HTNCC" established in 2005) and regional Human Trafficking Awareness Coordinators, the RCMP organizes human trafficking workshops for frontline officers, investigators and intelligence officers, border and immigration officials, prosecutors and non-government organizations. These workshops involve an integrated training approach with presentations from key federal departments and various police services across Canada and testimony from a human trafficking survivor. The training focuses on both domestic and international cases of human trafficking, reflecting an appreciation of the importance of addressing this crime regardless of how or where it occurs. To date, these workshops have been delivered in approximately 22 cities across Canada.

Since 2008, training and awareness sessions have been provided to more than 28,500 law enforcement, border and immigration officers, prosecutors, government agencies, non-government organizations and members of the public across Canada. In 2009, approximately 5,500 law enforcement, border and immigration officers, prosecutors and government employees and 4,500 members of civil society attended workshops.

In 2009, the RCMP HTNCC developed an 'I'm not for sale' awareness campaign on human trafficking and updated its law enforcement toolkit, which contains materials of this campaign. Included in the tool kits are two types of TIP posters, one intended for the public and one that targets potential victims. The posters are available in six languages and have been posted in public areas across the country. It also includes a training video, police officer handbook, pamphlet, victim assistance guidelines, fact sheets and contact information. In 2009, more than 4,000 human trafficking awareness toolkits, which include the Crime Stoppers tip-line phone number, were distributed to all law enforcement agencies in Canada as well as another 500 tool kits to NGOs. To view the material, please visit: http://www.rcmp-grc.gc.ca/ht-tp/publications/index-eng.htm.

The RCMP HTNCC and the Labour Program of Human Resources and Skills Development Canada have developed training for provincial labour inspectors and other officials, including information about indicators of human trafficking, industries at risk and possible areas of cooperation between federal, provincial, and territorial labour officials, law enforcement and other implicated parties. In the last year, training has been provided in Newfoundland and Labrador and Alberta. In 2009, Citizenship and Immigration Canada (CIC) also launched a public awareness campaign to warn about fraudulent activities and unscrupulous third-party recruiters and consultants. Some provinces (Alberta, Manitoba and Ontario) have developed, or are developing, measures to regulate the activities of third-party recruiters and assist TFWs.

Canada's National Crime Prevention Centre has funded the development and broad dissemination of a practical assessment tool entitled Guidance on Local Safety Audits: A Compendium of International Practice. This tool promotes integrated action by stakeholders, identifies the means to gather a clear picture of crime and victimization in a given city, specifies key populations and issues that should be examined, including human trafficking, and guides the development of an effective prevention strategy. For more information, please see:
http://www.fesu.org/fileadmin/efus/secutopics/EFUS_Trafficking_e_WEB.pdf and
http://www.fesu.org/index.php?id=664.

In 2009, the Canada Border Services Agency (CBSA) developed a policies and procedures manual for officers dealing with cases of human trafficking. The manual provides information on how officers can detect instances of human trafficking, assist in enhancing the safety and security of victims of trafficking by referring them to appropriate government services, and support the investigation and prosecution of trafficking offenders. This resource builds upon extensive training already provided to CBSA officers. For example, CBSA Migration Integrity Officers receive extensive specialized training on a range of issues, including trafficking in persons. In addition, all new CBSA recruits receive general training on trafficking in persons as part of their 13-week recruitment training program. Also in 2009, CBSA published information sheets on trafficking in persons for the public, CBSA, and RCMP officers. See, for example: http://www.cbsa-asfc.gc.ca/media/facts-faits/072-eng.html.

In 2009, the RCMP developed a policy that provides guidelines and procedures for RCMP members who are investigating suspected cases of human trafficking investigations. The policy also provides victim assistance guidelines to ensure that the victims are provided with basic needs and protection throughout the investigation.

Protection of victims

In Canada, the protection of victims of crime is a shared responsibility between the federal and provincial/territorial governments. Numerous programs and services are available to victims of crime in Canada, including trafficking victims. These range from health care to emergency housing and social and legal assistance. Legal aid programs are administered separately by each province and territory and eligibility is based primarily upon financial need. Similarly, social services such as emergency financial assistance, including food allowances and housing are administered at the provincial and territorial levels and are available to those in need.

In May 2006, Citizenship and Immigration Canada introduced Ministerial instructions and guidelines for immigration officers regarding the issuance of Temporary Resident Permits (TRPs) to foreign national victims of trafficking. Initially, the instructions provided for the issuing of short-term, fee-exempt TRPs for periods of up to 120 days, but in June 2007, the period was extended to 180 days to provide victims with a longer period in which to consider their options. Additional changes at this time were made to allow TRP holders to apply for a fee-exempt work permit. Long-term TRPs may also be issued for up to three years in cases where circumstances warrant. Foreign national victims of trafficking are not required to assist law enforcement or testify against their traffickers in order to receive a TRP.

TRP holders may also qualify to remain in Canada permanently on humanitarian and compassionate grounds or under the permit holder class after three or five years, depending on individual circumstances. Should a person feel that they are at risk of persecution, torture or cruel and unusual treatment or punishment upon return to their country of nationality, they may also make an in-Canada refugee claim.

TRP holders have access to Canada's Interim Federal Health Program (IFHP), ensuring that they receive immediate medical attention as required. The IFHP covers essential and emergency health services for the treatment and prevention of serious medical conditions and the treatment of emergency dental conditions. In the case of trafficking victims, trauma counselling is also included. Depending on the jurisdiction, provincial or territorial health coverage normally becomes available to persons, including TIP victims, who have been resident in that jurisdiction for a period of 3 to 6 months.

Ministerial guidelines instruct both CIC and CBSA officers to take action to ensure that victims of trafficking remain safe, are separated from the control and custody of any possible trafficker(s), and receive police protection, as appropriate. Children believed to be TIP victims can also be issued TRPs. They are referred to appropriate provincial and territorial welfare authorities and are eligible for health coverage under the IFHP. Furthermore, operational guidelines for CIC and CBSA officers at Ports of Entry outline how to identify and protect missing and abducted children. All officers are made aware that in every case where a minor is involved, the officer must consider the best interests of the child. As part of this training, officers are instructed on special procedures for interviewing children.

Guidelines for the issuing of Temporary Resident Permits to victims of trafficking can be found at:
http://www.cic.gc.ca/english/resources/manuals/ip/ip01-eng.pdf

Between March 2009 and January 2010, 17 TRPs were issued to 15 foreign nationals as victims of trafficking. This data includes subsequent permits issued to the same victim in order to maintain their status in Canada.

Foreign nationals working in Canada have the same rights and protections as Canadians and permanent residents. The Government of Canada works closely with provincial and territorial partners to help ensure that foreign workers' rights are met, and undertakes such measures that are available within its mandate to help ensure the well-being of foreign workers during their time in Canada. More information can be found at: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questions-answers/general.shtml

Prosecution of offenders

Canada's criminal laws prohibit trafficking in persons for any exploitative purpose, regardless of whether the trafficking occurs wholly within Canada or whether it involves bringing persons into Canada. Canada's criminal laws apply across the country and therefore provide a uniform approach to address TIP and related conduct.

Many different offences apply to TIP cases including trafficking-specific offences (279.01-279.03), kidnapping, forcible confinement, uttering threats, extortion, assault, sexual assault, prostitution-related offences, and criminal organization offences.

The Immigration and Refugee Protection Act (IRPA) also includes a TIP offence which applies to cases involving trafficking of persons into Canada (s.118).

The Criminal Code also contains comprehensive measures to facilitate the testimony of vulnerable victims during criminal proceedings against offenders. Testimonial aids, such as screens, the use of closed-circuit television, or the presence of support persons are available to all vulnerable victims/witnesses, including trafficking victims. Additional measures included in the Criminal Code to facilitate victim testimony and to protect their privacy include publication bans and, in some cases, the exclusion of the public from court.

The Government of Canada is also supporting efforts to improve the investigation and prosecution of TIP cases abroad. Supported in part by the Government of Canada, in 2009, the United Nations Office on Drugs and Crime (UNODC) released its Anti-human trafficking manual for criminal justice practitioners. The manual is comprised of 26 training modules and provides specialized advice to criminal justice system practitioners to address all stages of the criminal justice process. For more information, please see: https://www.unodc.org/documents/human-trafficking/TIP_module1_Ebook.pdf.

Canada also worked closely with the UNODC in the development of a comprehensive model law against TIP that was also released in 2009. For more information, please see: http://www.unodc.org/documents/human-trafficking/Model_Law_against_TIP.pdf.

Canadian Criminal Proceedings on Trafficking in Persons

In Canada, the prosecution of most criminal offences occurs at the provincial and territorial level. To inform its ongoing responses to TIP, the Government of Canada continues to monitor trafficking cases proceeding through Canada's criminal justice system. Trafficking cases can be, and are, charged and prosecuted under a variety of offences including the trafficking specific provisions, forcible confinement, the prostitution-related offences, assault, sexual assault, or a combination of the above.

Since the coming into force of the trafficking-specific Criminal Code offences in 2005, there has been a gradual increase in the number of charges laid and convictions entered for trafficking in persons cases under these specific offences.

Official justice statistics are collected by the Canadian Centre for Justice Statistics (CCJS) including annual information on the number of criminal incidents reported to police, and on cases processed through the courts. The most recent reporting period for police reported data is 2008, while the most recent court data available is 2006/2007.

Having said this, since February, 2009, at least 5 convictions have been secured in trafficking cases. In addition, as of February 2010, there were at least 32 trafficking cases before Canadian courts involving 40 accused and 46 adult and child victims. Available information further indicates that the majority of the victims are from within Canada.

It is recognized that these statistics likely do not represent all trafficking cases being processed through the criminal justice system. This is due to a variety of factors including the difficulty of identifying data reported by the police and by other sectors of the criminal justice system (e.g., courts) as "trafficking" cases. For example, charges and/or convictions in human trafficking cases may be laid and/or prosecuted under trafficking-specific or other non-trafficking-specific offences, such as kidnapping or aggravated sexual assault. In addition, the number and type(s) of charges laid and reported by police may subsequently change (either at the pre-court stage or during the court process) by the time of conviction.

Partnerships

The Government of Canada has long identified partnerships as a critical component of an effective anti-trafficking response. Canada continues to support prevention and awareness-raising programs and victim protection efforts at home and abroad.

At an international level, Canada takes active leadership in developing legal instruments, sharing best practices and setting standards to combat transnational organized crime, including trafficking in persons, through regional and multilateral processes such as the United Nations, the Organization of American States, the Regional Conference on Migration (RCM), the Organization for Security and Co-operation in Europe and the G8.

As a member of the RCM, a forum for regional coordination and cooperation concerning migration issues, Canada participates in its Liaison Officer Network to Combat Trafficking in Persons and Migrant Smuggling, which meets twice a year. At each meeting, all countries share reports of activities and initiatives undertaken to combat trafficking in persons during the preceding months. To combat TIP, the United States, Mexico and Canada deliver, at the request of interested RCM member countries, a course on the detection of fraudulent travel documentation to immigration and consular officials.

Canada also engages bilaterally on the issue of trafficking in persons with other governments, For example, in 2009, trafficking in persons was discussed during bilateral security consultations with Mexico and Colombia.

Canada's foreign policy priorities are underscored by programming and projects that further our Government objectives, including projects to prevent and raise awareness of the risks of human trafficking. Canada is amongst the largest contributors to the UN Office on Drugs and Crime (UNODC) to provide capacity building to countries in need of assistance, including on anti-trafficking issues.

The Department of Foreign Affairs and International Trade (DFAIT) provides program support to combat trafficking in persons internationally through the new Anti-Crime Capacity Building Program (ACCBP), established in December 2009. The objective of the ACCBP is to enhance the capacity of key beneficiary States, government entities and international organizations through the provision of transfer payment assistance to prevent and respond to threats posed by international criminal activity, including trafficking in persons. The ACCBP disbursed $7.2 million in 2009-2010 and, going forward, will increase its annual assistance to $15 million.

DFAIT is also funding a trafficking project through the Human Security Program in the amount $257,778 from 2007-2010 to strengthen capacity of Latin American and Caribbean peacekeeping forces to recognize the crime of trafficking in persons and to contribute to its prevention on UN peacekeeping missions.

The Canadian International Development Agency (CIDA) supports the prevention of TIP and has recently funded anti-trafficking projects and programs in China, West Africa, Central and Eastern Europe, and Southeast Asia, with a core focus on prevention, protection and rehabilitation. At the multilateral level, CIDA provides core funding to UNICEF, UNIFEM, UNDP, UNHCR, ILO and the IOM to address issues such as TIP, commercial sexual exploitation of women and children, human rights, gender equality, children's rights and protection, and migration issues.

The Labour Program of Human Resources and Skills Development Canada has supported the International Labour Organization in a technical assistance project, entitled Eliminating Forced Labour and Trafficking in Jordan, which has the aim of strengthening government enforcement capacity to identify, investigate and prosecute offences for forced labour and human trafficking and to support the establishment of an efficient and regulated recruitment mechanism in Jordan.

In 2009, Canada delivered a presentation at the International Organization for Migration's (IOM) Caribbean Regional Seminar entitled: "Responding to Needs of Trafficked Victims, Migrant Children and other Vulnerable Groups". This presentation focused on Canada's efforts to respond to the needs of TIP victims and its efforts to address the potential increase of TIP in the lead up to the 2010 Olympic and Paralympic Winter Games.

In September and December 2009, the RCMP delivered TIP training to law enforcement including local police officers, customs and immigration officers from twelve countries in West Africa. This training was organized by INTERPOL and was coordinated and delivered by instructors from the RCMP, the Netherlands, Denmark and the United States. In October 2009, TIP training was delivered to approximately 250 middle managers from the newly created police service in Mexico. This training was coordinated by the Canadian Police College and delivered by RCMP instructors. In March and November 2009, TIP and child exploitation training including sex tourism was delivered to 80 officers from the Cambodia National Police attached to the Anti-Trafficking and Juvenile Protection Unit. This training was coordinated by the Canadian Police Chiefs International Training Agency, funded by DFAIT and delivered by instructors from the RCMP, Vancouver Police Department and Toronto Police Service. Following the training, some participants working in the touristy city of Siem Reip, Cambodia, uncovered two cases of sex tourism/child exploitation whereby they applied several techniques learned by the Canadian police instructors. The RCMP continues to work closely with police agencies from around the world to address TIP.

Domestically, the Government of Canada is facilitating collaborative responses to trafficking in persons. In 2009, the Department of Public Safety Canada launched a dedicated contribution program called the Contribution Program to Combat Child Sexual Exploitation and Human Trafficking in order to support projects and initiatives specifically aimed at combating child sexual exploitation and human trafficking.

In 2009, British Columbia's Office to Combat Trafficking in Persons received funding from the Government of Canada to implement a Human Trafficking Training Curriculum and Tools for Effective Responses project. This initiative will provide a standardized training program for front-line service providers and first responders in the Province of British Columbia.

Also in 2009, the Government of Canada provided funding to the Canadian Council for Refugees to host a National Forum on Improving Services and Protections for Victims of Trafficking. Additional funding was provided in 2009 to Information Services Vancouver for the project "Enhanced Interpretation Services for Victims of Crime and Human Trafficking during the 2010 Olympics and Paralympics in Vancouver".

In collaboration with Justice Canada, Public Prosecution Service of Canada and the RCMP, in January 2010, Public Safety Canada coordinated a training session for federal and provincial Crowns in British Columbia. Crown prosecutors from Alberta and the Yukon were also in attendance. This training facilitated understanding of the criminal offences available in trafficking cases and strategies for prosecuting them.

Conclusion

Trafficking in persons knows no borders and affects all countries, including Canada. The Government of Canada is continuing its multi-pronged approach focusing on prevention, protection, prosecution and partnerships and is confident that it is the most effective way to combat this serious crime.