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

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)).  

[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc1883/2013bcsc1883.html?autocompleteStr=R%20v%20%20Orr%202013&autocompletePos=1 ''R v Orr'', 2013 BCSC 1883], was the first conviction for human trafficking under ''IRPA'' in Canada.  In that case, a jury found Mr. Orr guilty of the following:   

At trial, Mr. Orr received a global sentence of 18 months of jail.  In 2015, however, the case was successfully appealed.  In [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca88/2015bcca88.html ''R v Orr'', 2015 BCCA 88], the Court of Appeal for British Columbia set the convictions aside and sent the matter back for trial.  The court found certain expert evidence should not have been admitted, as the expert’s qualifications were not properly tested.  A new trial was held in June 2016 ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2064/2016bcsc2064.html ''R v Orr'', 2016 BCSC 2064]).  He was ultimately acquitted for human trafficking and providing false information to the Consulate General of Canada but was convicted of employing an unauthorized foreign national.

In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''.  The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling [https://www.canlii.org/en/ca/scc/doc/2013/2013scc72/2013scc72.html?autocompleteStr=Canada%20(Attorney%20General)%20v%20Bedford%20%5BBedford%5D%2C%202013%20SCC%2072&autocompletePos=1 ''Canada (Attorney General) v Bedford'' [''Bedford''<nowiki>]</nowiki>, 2013 SCC 72].  In ''Bedford'', the Supreme Court of Canada found certain prostitution-related offences to be unconstitutional. The ''PCEPA'' posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation.  It also attempts to address the constitutional concerns highlighted in ''Bedford'' by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted.  The constitutionality of the ''PCEPA'' has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See [http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf “Bill C-36, ''Protection of Communities and Exploited  Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014]).

Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].

=== 2. Temporary Resident Permit for Victims of Human Trafficking ===