Canadian and international responses

Confronted with this situation, States have reacted in multiple ways, adopting diverse policies and measures to fight against human trafficking.

•  Chronologically, here is the main internationals tools :

1926: Slavery Convention: first international convention on human trafficking phenomenon adopted by the League of Nations .

1948: Universal Declaration on Human rights: This text condemns the slave trade.

1949: UN adopts the Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of Others which encourages the signatory States in taking appropriate measures to protect immigrants and emigrants, particularly women and children, to counter international trafficking of human beings for prostitution purposes.

1956: Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery. This convention prompts States to intensify their efforts to completely abolish slavery and forbid trans border human trafficking.

1966: International Covenant on Civil and Political Rights. This text condemns slave trade under all its forms.

1989: Convention on the Rights of the Child. This one engages States to protect children against all forms of exploitation included economical exploitation and all forms of sexual exploitation and violence.

2000: Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This text defines what constitutes the sale of children.

2002: Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children, supplementing the United Nations Convention against Trans national Organized Crime, commonly referred to as « Palermo Protocol » is the most recent international tool in the field. With this protocol, States commit to criminalize trafficking when it is transnational and when a criminal group is involved. They also commit themselves to supply assistance and protection to the victims, to try to establish measures helping them to recover physically, psychologically and socially and to consider adopting measures allowing victims to stay on their territory on a temporary or permanent basis. States are also invited to cooperate between them and with the civil society to prevent human trafficking, prosecute traffickers and to ensure that victims' rights are respected.

•  On a regional level, main existing tools include:

1997: Inter-American Convention on International Traffic in Minors. It defines what constitutes international traffic of minors- less than 18 years old. This convention indicates how States should assist minors to return home. States are invited to prosecute traffickers, in order to recover funds to pay for the cost of identifying and repatriating the victim.

June 29, 2004: North Atlantic Treaty Organisation adopted a zero tolerance policy regarding human trafficking by members of its armed forces or its civilian staff

2005: Council of Europe Convention on Action against Trafficking in Human Beings apply to internal and external trafficking situations. Like the Palermo Protocol, this convention addresses the aspects related to trafficking prevention, victim protection and prosecuting of traffickers. Moreover, it is planned that a mechanism for an independent follow up will be designated to ensure its implementation.

•  In Canada :

Canada has also felt concerned by the presence of human trafficking in the world and on its territory. Regarding this issue, it has given itself means to act against trafficking in human beings.

- Immigration Law:

June 28, 2002: Immigration and Refugee Protection Act condemns the entry in the country using unlawful means. Section 118 applies especially at cases where a person organises (recruiting, transportation, receipt or harbouring) the entry into Canada of another person by means of abduction, fraud, deception or use of threat of force or of coercion.

May 2006: Citizenship and Immigration Guidelines for Temporary Resident Permits for Trafficking in Persons have been issued to assist immigration officers in deciding if a temporary resident permit should be delivered to victims of human trafficking. The Royal Canadian Mounted Police and Canada Border Services Agency can be involved in the evaluation process of files. To assist in the identification process of victims of child trafficking, the guidelines refer to chapter 21 of the ENF Manual entitled Recovering Missing, Abducted and Exploited Children .

- Criminal Code :

November 25, 2005: The Criminal Code was amended to explicitly forbid human trafficking in Canada as well as making a profit out of it. However, as of February 2007, no charge has yet been laid according to the new sections of the Criminal Code related to human trafficking.

Nevertheless, other recent legislative modifications could influence these types of prosecutions, if need be. The adoption of the Bill C-2 has generated modifications to the Criminal Code and to the Canada Evidence Act, with the purpose of protecting children and other vulnerable persons against exploitation.

•  Quebec législation  :

In Quebec, there is no specific legislation regarding trafficking of human beings. However, some legislatives arrangements can be applied to the situation lived by children victims of trafficking. It is the case with the Quebec Charter of Human Rights and Freedom, the Civil Code of Quebec and the Youth Protection Act.

Finally, since March 2001, the “Entente multisectorielle relative aux enfants victims d'abus sexuels, de mauvais traitements physiques ou d'une absence de soins menaçant leur santé physique” [Multisectorial Agreement on Child Victims of Sexual Abuse, Physical Abuse or Neglect that Threatens their Physical Health] allows for a more efficient dialogue between representatives from departments, institutions and the organisations concerned with providing a better protection to children victims of aggression.

For further information: we invite you to consult the following folders: