Victims of Human Trafficking (4:VIII): Difference between revisions

Latest revision as of 01:40, 26 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 13, 2024.

Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human trafficking are deprived of their basic rights to freedom and movement. Thus, human trafficking is often described as modern day slavery. Each case of human trafficking varies, and subsequently differs for each individual person.

The publication Human Trafficking Indicators from the United Nations Office on Drugs and Crime provides a comprehensive list of indicators that a person may be trafficked.

Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward for a variety of reasons, including being fearful of their lives or having limited language skills.

In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the Resources section below for more information on OCTIP.

A. Governing Legislation and Resources

1. Legislation

Human trafficking is an offence under both the Criminal Code (ss 279.01-279.04), and the Immigration and Refugee Protection Act [IRPA] (Part 3).

Sections 279.01-279.04 of the Criminal Code make it an offence to:

Recruit, transport, transfer, receive, hold or hide a person, or exercise control, direction or influence over an adult or a minor’s movement for the purpose of exploiting or facilitating the exploitation of that person.
Benefit materially from human trafficking.

Exploitation is defined in s 279.04(1) of the Criminal Code in the following terms:

“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”.

In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)). Because of the high stigma and severe penalties resulting from a conviction, the mens rea for human trafficking offences is subjective fault. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).

Part 3 of IRPA applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:

Organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of IRPA (s 117(1)).
Knowingly organize the coming into Canada or one or more persons by means of abduction, fraud, deception or use of threat of force or coercion (s 118(1)).

The penalties for the offences in Part 3 of IRPA include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See IRPA ss 117(2)-(3)).

2. Temporary Resident Permit for Victims of Human Trafficking

Many victims of human trafficking find themselves in Canada without proper documentation and at risk of deportation. To address this issue, Citizenship and Immigration Canada (CIC) can issue a special temporary resident permit to victims of human trafficking (This is referred to as the VTIP TRP – Victims of Trafficking in Persons, Temporary Resident Permit). The VTIP TRP gives presumed trafficked persons legal status in Canada and is valid for up to 180 days. Depending on the circumstances of the individual, CIC can even reissue the TRP at the end of the 180-day period. The benefits of the VTIP TRP include access to health care benefits and trauma counselling through the Interim Federal Health Program. A work permit is also issued and in BC, social assistance benefits may be available. A presumed trafficked person with a VTIP TRP is eligible to apply for social assistance benefits. Victims of human trafficking need not testify against their trafficker in order to be eligible for an initial TRP. However, immigration officers will interview an individual in order to decide whether they are eligible for the TRP.

For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC Temporary Resident Permits webpage

B. Resources

For information on the signs that a person may have been trafficked; services available to victims of human trafficking, including legal services, health care, shelter, interpretation, and counselling; and links to resources, see Human Trafficking in BC - gov.bc.ca

Canadian Human Trafficking Hotline

The Canadian Human Trafficking Hotline is a confidential, multilingual service, operating 24/7 to connect victims and survivors with social services, law enforcement, and emergency services, as well as receive tips from the public.
1-833-900-1010

BC Crime Stoppers

Individuals with information about a crime are able to provide an anonymous tip by calling the tip line at 1 (800) 222-8477

The Office to Combat Trafficking in Persons (OCTIP)

OCTIP joins forces with key provincial ministries, federal departments, municipal governments, law enforcement agencies, community based and aboriginal organizations, in the development and delivery of an integrated and permanent response to human trafficking in B.C.

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= July 13, 2024}}
 {{LSLAP Manual TOC|expanded = victims}}
-Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human trafficking are deprived of their basic rights to freedom and movement. As such, human trafficking is often described as modern day slavery.
+Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human trafficking are deprived of their basic rights to freedom and movement. Thus, human trafficking is often described as modern day slavery. Each case of human trafficking varies, and subsequently differs for each individual person.
-Although each human trafficking case is different, a person may be trafficked if they:
+The publication [http://www.unodc.org/documents/human-trafficking/HT_indicators_E_LOWRES.pdf Human Trafficking Indicators] from the United Nations Office on Drugs and Crime provides a comprehensive list of indicators that a person may be trafficked.
-*Cannot leave their job to find another one;
-*Do not have control over their wages or money;
-*Work but do not get paid normal wages;
-*Have no choice about hours worked or other working conditions;
-*Work long hours, live at a work site, or is picked up and driven to and from work;
-*Shows signs of physical abuse or injury;
-*Are accompanied everywhere by someone who speaks for him or her;
-*Appear to be fearful or and or under the control of another person;
-*Owe money to their employer or another person who they feel honour bound to pay;
-*Are unfamiliar with the neighbourhood where they live or work;
-*Are not working in the job originally promised to them;
-*Are travelling with minimal or inappropriate luggage/belongings;
-*Lack Identification, passport or other travel documents;
-*Are forced to provide sexual services in a strip club, massage parlour, brothel or other location.
-The following publication from the United Nations Office on Drugs and Crime provides a comprehensive list of indicators that a person may be trafficked:
+Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward for a variety of reasons, including being fearful of their lives or having limited language skills.
-http://www.unodc.org/documents/human-trafficking/HT_indicators_E_LOWRES.pdf
+In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the '''Resources''' section below for more information on OCTIP.
-Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward because they may:
-*Fear for their own lives;
-*Not understand that they are victims of human trafficking;
-*Be taught to distrust outsiders, especially law enforcement and other government authorities; Foreign victims may be afraid they will be detained and deported, or they may limited language skills;
-*Be completely unaware of their rights or may have been intentionally misinformed about their rights in Canada;
-*Fear for their families and/or loved ones;
-*Feel threatened that traffickers will harm their families if they report their situation to, or cooperate with, law enforcement.
-In 2007, B.C. established the Office to Combat Trafficking in Persons (“OCTIP”). Since 2011, OCTIP has been part of the Community Safety and  Crime Prevention Branch, Ministry of Justice. OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Justice located in Vancouver, BC. The OCTIP develops and coordinates strategies to address human trafficking within the province. The OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by  offering information, referrals, support and assistance but allows the trafficked person to make decisions and choices for themselves. OCTIP  also works with and provides support to law enforcement and Crown Counsel with the prosecution of human trafficking cases. See the Resources section below for more information on the OCTIP and their contact information.
 == A. Governing Legislation and Resources ==
@@ Line 37: / Line 14: @@
 === 1. Legislation ===
-Human trafficking is defined in the UN Trafficking in Persons Protocol as “the act of recruitment, transportation, transfer, harbouring or receipt of persons ...  by means of threat or use of force or other forms of coercion, of abduction, fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person ... for the purpose ofexploitation. Exploitation shall include, at a minimum:
+Human trafficking is an offence under both the ''Criminal Code'' (ss 279.01-279.04), and the ''Immigration and Refugee Protection Act'' [''IRPA''] (Part 3).
-*the exploitation of the prostitution of others or other forms of sexual exploitation,
-*forced labour or services,
-*slavery or practices similar to slavery,
-*servitude,
-*or the removal of organs.”
-Human trafficking is an offence under both the ''Criminal Code'' (ss 279.01-279.04), and the '''Immigration and Refugee Protection Act''' [''IRPA''](Part 3). Sections 279.01-279.04 of the ''Criminal Code'' make it an offence to:
+Sections 279.01-279.04 of the ''Criminal Code'' make it an offence to:
 #Recruit, transport, transfer, receive, hold or hide a person, or exercise control, direction or influence over an adult or a minor’s movement for the purpose of exploiting or facilitating the exploitation of that person.
 #Benefit materially from human trafficking.
-#Withhold or destroy a person’ s travel or identification documents, such as a passport or visa, for the purpose of trafficking, or helping to traffic, that person.
-Exploitation is defined in s 279.04(1) of the ''CC'' in the following terms:
+Exploitation is defined in s 279.04(1) of the ''Criminal Code'' in the following terms:
+:“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”.
+In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)). Because of the high stigma and severe penalties resulting from a conviction, the ''mens rea'' for human trafficking offences is subjective fault. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).
-“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”.
+Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:
+#Organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of ''IRPA'' (s 117(1)).
+#Knowingly organize the coming into Canada or one or more persons by means of abduction, fraud, deception or use of threat of force or coercion (s 118(1)).
-In order to determine whether an accused exploits another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)).
+The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).
-Because of the high stigma and severe penalties that result from a human trafficking conviction, the ''Mens Rea'' for the human trafficking offences is subjective fault. Crown Counsel must prove that the accused acted “for the purpose” of exploiting the victim. In ''R. v. Beckford'', 2013 ONSC 653, Justice Miller confirms at paras. 38-40 that “for the purpose” of exploitation requires both intent and knowledge.It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).
+=== 2. Temporary Resident Permit for Victims of Human Trafficking ===
-Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:
+Many victims of human trafficking find themselves in Canada without proper documentation and at risk of deportation. To address this issue, Citizenship and Immigration Canada (CIC) can issue a special temporary resident permit to victims of human trafficking (This is referred to as the VTIP TRP – Victims of Trafficking in Persons, Temporary Resident Permit). The VTIP TRP gives presumed trafficked persons legal status in Canada and is valid for up to 180 days. Depending on the circumstances of the individual, CIC can even reissue the TRP at the end of the 180-day period. The benefits of the VTIP TRP include access to health care benefits and trauma counselling through the Interim Federal Health Program. A work permit is also issued and in BC, social assistance benefits may be available. A presumed trafficked person with a VTIP TRP is eligible to apply for social assistance benefits. Victims of human trafficking need not testify against their trafficker in order to be eligible for an initial TRP. However, immigration officers will interview an individual in order to decide whether they are eligible for the TRP.
-#Organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of ''IRPA'' (s 117(1)).
-#Knowingly organize the coming into Canada or one or more persons by means of abduction, fraud, deception or use of threat of force or coercion (s 118(1)).
+For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html Temporary Resident Permits webpage]
+== B. Resources ==
+For information on the signs that a person may have been trafficked; services available to victims of human trafficking, including legal services, health care, shelter, interpretation, and counselling; and links to resources, see [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking Human Trafficking in BC - gov.bc.ca]
+[https://www.canadianhumantraffickinghotline.ca/ '''Canadian Human Trafficking Hotline''']
+* The Canadian Human Trafficking Hotline is a confidential, multilingual service, operating 24/7 to connect victims and survivors with social services, law enforcement, and emergency services, as well as receive tips from the public.
+* 1-833-900-1010
+[http://www.bccrimestoppers.com/leave-a-tip/ '''BC Crime Stoppers''']
+* Individuals with information about a crime are able to provide an anonymous tip by calling the tip line at 1 (800) 222-8477
-The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' sections 117(2)-(3)).
+[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking '''The Office to Combat Trafficking in Persons (OCTIP)''']
+* OCTIP joins forces with key provincial ministries, federal departments, municipal governments, law enforcement agencies, community based and aboriginal organizations, in the development and delivery of an integrated and permanent response to human trafficking in B.C.
-''R. v. Franco Orr'', 2013 BCSC 1883, was the first conviction for human trafficking under ''IRPA'' in BC. In that case, a jury found Mr. Orr guilty of the following:
-#Knowingly organizing the coming into Canada of the complainant, by means of abduction, fraud, deception or use of the threat of force or coercion, contrary to s. 118(1) of ''IRPA'';
-next p 4-26
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