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

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Bill C-36 made three significant sentencing changes to the human trafficking provisions in sections 279.01 to 279.03 of the ''CC''. First, the new provisions include a mandatory minimum sentence of 5 years where a trafficker is convicted of human trafficking and also kidnaps, commits aggravated assault or aggravated sexual assault against or causes the death of the victim and a mandatory minimum sentence of 4 years in other cases (s. 279.01). Second, s 279.02(2), receiving a material benefit from trafficking of minors, now carries a mandatory minimum sentence of 2 years, and the maximum sentence available for the offence has been extended from 10 to 14 years. Third, the maximum sentence for withholding or destroying documents to facilitate trafficking of minors has been extended from a maximum of 5 years to a maximum of 10 years, with a mandatory minimum sentence of 1 year.   
Bill C-36 made three significant sentencing changes to the human trafficking provisions in sections 279.01 to 279.03 of the ''CC''. First, the new provisions include a mandatory minimum sentence of 5 years where a trafficker is convicted of human trafficking and also kidnaps, commits aggravated assault or aggravated sexual assault against or causes the death of the victim and a mandatory minimum sentence of 4 years in other cases (s. 279.01). Second, s 279.02(2), receiving a material benefit from trafficking of minors, now carries a mandatory minimum sentence of 2 years, and the maximum sentence available for the offence has been extended from 10 to 14 years. Third, the maximum sentence for withholding or destroying documents to facilitate trafficking of minors has been extended from a maximum of 5 years to a maximum of 10 years, with a mandatory minimum sentence of 1 year.   


In 2014, B.C. saw its first human trafficking conviction under the ''CC'' provisions. In ''R. v. Moazami'', 2014, BCSC 1727, Reza Moazami was charged with 36 counts including human trafficking, living on the avails of a juvenile and sexual assault. Two of the 36 charges were for trafficking in persons, and Moazami was convicted on one of the counts. Justice Bruce found beyond a reasonable doubt that Moazami transported and controlled the victim’s movements for the purpose of exploitation. The evidence showed Moazami intimidated the
In 2014, B.C. saw its first human trafficking conviction under the ''CC'' provisions. In ''R. v. Moazami'', 2014, BCSC 1727, Reza Moazami was charged with 36 counts including human trafficking, living on the avails of a juvenile and sexual assault. Two of the 36 charges were for trafficking in persons, and Moazami was convicted on one of the counts. Justice Bruce found beyond a reasonable doubt that Moazami transported and controlled the victim’s movements for the purpose of exploitation. The evidence showed Moazami intimidated the victim, J.C., with actual violence and threats of violence towards J.C.’ s dog. Moazami also provided the victim with free illicit drugs to keep her addicted and dependant on him, and counseled her to distrust the police. Moazami was acquitted on the second human trafficking charge. Although it was clear Moazami abused the victim H.W., the court was in reasonable doubt as to whether Moazami’ s behaviour caused H.W. to fear that her safety or the safety of another person was threatened. Moazami is due to be sentenced in September 2015. 


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=== 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 counseling 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. 
 
=== 3. 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 counseling, and links to resources, see BC’s Office to Combat Trafficking in Persons, Ministry of Justice website at:  http://www.pssg.gov.bc.ca/octip/
 
'''BC’s Office to Combat Trafficking in Persons, Ministry of Justice'''
 
Victim Services and Crime Prevention Division
 
#302 – 815 Hornby Street
 
Vancouver, BC V6Z 2E6
 
Main Office Phone: 604 660-5199
 
E-mail: octip@gov.bc.ca
 
Toll Free 24 Hour Line: 1 888 712-7974
 
The Office to Combat Trafficking in Persons offers a free online training course on human trafficking aimed at service providers in both English and French. The online training is called “''Human Trafficking: Canada is Not Immune''”.
 
“''Communities Taking Action: A Toolkit to Address Human Trafficking''” supports communities to take action at the local level to raise awareness and prevent human trafficking. It provides practical information and specific examples of how B.C. communities are addressing this issue.
 
The online training course and toolkit are available through the following website: http://www.pssg.gov.bc.ca/octiptraining/index.html
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