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MP proposes legislation against child trafficking

Human trafficking is has been described as the “tragedy of the 21st century” for the horrors experienced by victims and its widespread invisibility to the public eye. While awareness is growing about the issue in North America, much still needs to be done.

Human trafficking is difficult to stamp out for a number of reasons. It is by nature a hidden crime, and trafficking victims can be difficult to uncover. As people are trafficked both from other countries as well as within Canada, it is an issue that requires cooperation between both domestic and foreign governments and organizations.

Law enforcement, the court system, the immigration and refugee system, health and social services and civil society in Canada all have a role to play in the fight against human trafficking. A lack of coordination between these groups contributes to the problem by leaving large gaps in the system which makes perpetrators difficult to apprehend and makes victims of trafficking more vulnerable.

Legislation that criminalized trafficking in Canada was only passed in 2005. Since then, two individuals have been convicted for the trafficking and sexual exploitation of minors. In both instances, however, the offenders received relatively short jail terms of no more than three years.

This caused an outcry from many, including anti-trafficking activists, NGOs and the media, who felt that this was too light a sentence for the severity of the crime. With 12 more individuals currently awaiting trial for trafficking, many worry that others will be given light sentences as well.

Conservative Member of Parliament Joy Smith has recently introduced a bill that would prevent this from occurring. Bill C-268 proposes to amend the Criminal Code to place a mandatory minimum sentence of five years for those convicted of being involved in the trafficking a child under the age of 18.

The United States and Australia both have mandatory minimum sentences for those convicted of trafficking a minor that are similar to what this bill is proposing.

Bill C-268 has received some criticism for focusing solely on mandatory minimum sentences, which many argue have little impact on crime reduction.

The United Nations recommends that countries combat human trafficking through a combination of prevention, protection of victims, prosecution of offenders and by building partnerships between sectors in society. Joy Smith herself acknowledges that this bill is only one step in the process towards a much-needed national system of policies and programs to prevent trafficking in Canada.

Bill C-268 will be debated for a second time today in the House of Commons. The script of the first debate, as well as the bill itself, can be found on the Parliament of Canada website. A petition in support of the bill can also be found on MP Joy Smith’s website.

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About author

Mariel Angus is former CPJ’s policy intern.

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Comments:

Human trafficking has got to be one of the most heinous of criminal activities. At the very root is the mistaken idea that one person can be less valuable than another, and so, can be used for whatever; sex, forced labour, manipulation, coercion, etc.

Human trafficking is a multi-faceted problem that must be dealt with using a multi-pronged approach. The UN uses three broad headings: Prevent, protect, prosecute. First and foremost, those that are educators and advocates must ensure the message gets out - all people are worthy of the dignity and respect that would value them as equals, not property to be sold. Second, the victims must be protected, cared for, counseled, to restore dignity and health. Finally, the traffickers and those supporting the demand side of this inequality equation must be placed where they can receive rehabilitation, where they cannot maintain fear of reprisal on their victims, and where they can themselves learn about equality and respect among persons.

In addition to (not instead of) criminal justice legislation like C-268, we must have programs and services to care for victims and rehabilitate offenders.

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