Country Canada
Year 2012
Type of Measure Violence against women > Legislation
Form of Violence Trafficking

Brief Description


The Government of Canada supported two Private Member’s Bills (C-310 and C-268), which strengthened the criminal justice system’s approach to trafficking in persons. Bill C-310 ratified on June 2012, amended the Criminal Code to add the offence of Trafficking of Persons to the offences committed outside Canada for which Canadian citizens or permanent residents may be prosecuted in Canada. It also amends the Act to add factors that the Court may consider when determining whether an accused exploits another person.   
                                                                                                                                                                                    
The inclusion of Offences in relation to trafficking of persons outside Canada in the Criminal Code (4.11) states: Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.01, 279.011, 279.02 or 279.03 shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Trafficking of Persons in the Criminal Code of Canada is located in Article 279.01 (1) that states: Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.                                                                                                                                                                                                           

279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service. (2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused (a) used or threatened to use force or another form of coercion; (b) used deception; or (c) abused a position of trust, power or authority 

Bill C-268, ratified in June 2010, imposed mandatory minimum penalties for child trafficking (individuals under 18 years old). This means that convicted child traffickers will always receive jail time.                                                                                                         

Article 279.011 (1) of the Criminal Code of Canada states that every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life and to a minimum of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence.

Source of Information

Government of Canada, National Review on Beijing+20, 2014, page 21

 

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