Speech [Joy Smith] - Oct 25 2011 - Bill C-310 (trafficking in persons)

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• published: 28 Nov 2011
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Mrs. Joy Smith (Kildonan—St. Paul, CPC) moved that Bill C-310, An Act to amend the Criminal Code (trafficking in persons), be read the second time and referred to a committee. She said: Madam Speaker, today I am pleased to rise and speak to my private member's bill, Bill C-310, An Act to amend the Criminal Code (trafficking in persons). This bill follows my previous bill, Bill C-268, which created Canada's child trafficking offence with stiff penalties for individuals trafficking a minor in Canada. Having received royal assent on June 29, 2010, Bill C-268 is now law and is being used across Canada, most recently in a case right here in Ottawa. Bill C-268 was supported by members from multiple parties in the last Parliament. I want to take a moment to thank the members from the Conservative Party, NDP, Liberal Party and Green Party for offering their support for Bill C-310. This bipartisan support reveals that members on both sides of the House are committed to combating human trafficking. The term “human trafficking” can often be mistaken as human smuggling, which is the illegal movement of people across international borders. However, we must be clear and concise about what human trafficking is during our debate tonight. Human trafficking is the illegal trade of human beings for sexual exploitation or forced labour or other forms of slavery. Human trafficking is nothing short of modern day slavery. The focus of my bill is on combating the enslavement of individuals both in Canada and abroad. I would like to begin by speaking to the recent Ottawa case that I referred to a few minutes ago to demonstrate the reality of human trafficking here in Canada. Last week, Montreal police caught up to Jamie Byron, who was charged by the Ottawa police force for a number of serious human trafficking-related offences, including the trafficking of a minor. Mr. Byron, considered to be violent, is also wanted in Toronto for robbery, uttering threats and possession of a dangerous weapon. I would ask members to take a moment and consider that only a few blocks away from where we are sitting today in the House, Jamie Byron was forcing underage girls into prostitution. The methods he used were particularly heinous. In a downtown Ottawa hotel a young 17-year-old girl trafficked from Windsor, Ontario was starved until she agreed to be a prostitute. This is nothing short of slavery. As parliamentarians, we must be resolved to eradicating all forms of this slavery, both in Canada and abroad. The first clause in Bill C-310 would amend the Criminal Code to add the current trafficking in persons offences 279.01 and 279.011 to the list of offences which, if committed outside Canada by a Canadian or permanent resident, could be prosecuted in Canada. The very nature of human trafficking requires an international focus. Canada is known as a source, transit and destination country for human trafficking. The human trafficking offence in section 279.01 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-- I would like to provide a basic example of how Bill C-310's amendment to extend extraterritorial jurisdiction to human trafficking offences would apply in an international human trafficking case. Human trafficking can often have global implications with traffickers recruiting in one country and sending victims to another country. For example, if a Canadian trafficker were to situate him or herself in Romania and recruit, transport, transfer, receive, hold or control victims to be exploited in Canada or even within Romania, the amendment in Bill C-310 would ensure that person could be held criminally responsible in Canada. However, if the trafficker were to return to Canada today without being caught or apprehended in Romania, the individual would not be guilty of an offence under Canadian law. In a reverse situation, this amendment would also ensure that Canada's trafficking in persons offences would apply to a Canadian who was trafficking Canadian victims within and throughout other countries. Let us look at a real life example. John Wrenshall is a Canadian serving 25 years in an American prison for running a child brothel in Thailand. He was recruiting, holding and controlling boys as young as four years old and arranging for international child sex tourists to visit his brothel. Mr. Wrenshall even admitted to the court that his brothel was linked to a Thai pedophile sex trafficking ring. The U.S. arrested Mr. Wrenshall in the U.K., after he left Thailand, for a number of a charges, including aiding and abetting Americans to sexually abuse children abroad. However, had Mr. Wrenshall managed to return to Canada