Ministry of Justice

Human Trafficking in B.C.

What is Human Trafficking?


Definition of Human Trafficking

The United Nations Trafficking in Persons Protocol [PDF] defines Trafficking in Persons 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 of exploitation. Exploitation shall include, at a minimum:

  • 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.

This definition is reflected in the Criminal Code of Canada PART VIII Offences Against the Person and Reputation, Sections 270.01-279.04 and Canada's Immigration and Refugee Protection Act.

Criminal Code of Canada

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-195.html#h-84

In 2005, Canada added three new offences to the Criminal Code to deal specifically with human trafficking, either international or domestic, involving either adults or minors (under 18 years of age).

These offences make it a crime to:

  1. Recruit, transport, transfer, receive, hold or hide a person, or exercise control, direction or influence over an adult or a minor's movements for the purpose of exploiting or facilitation the exploitation of that person.
  2. Benefit materially from human trafficking.
  3. 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.

Immigration and Refugee Protection Act

http://laws-lois.justice.gc.ca/eng/acts/I-2.5/

The federal Immigration and Refugee Protection Act (IRPA) applies when a human trafficker brings a trafficked person from another country into Canada. In other words, it only applies to cases of international trafficking into Canada.


Difference between Domestic and International Human Trafficking

Domestic Human Trafficking

Domestic trafficking occurs when the entirety of the crime takes place within Canada (Canada's international border is not crossed). The trafficked person may be a Canadian citizen, permanent resident, a visitor, a temporary worker or a student.

  • In Canada, Aboriginal women and youth are uniquely vulnerable to trafficking for sexual exploitation due to a variety of factors including, but not limited to, the impact of colonization and residential school abuse, poverty, gender inequity and discrimination.
  • As of 2010, all convictions for domestic human trafficking under the Criminal Code have involved individuals who have trafficked Canadian women and girls for the purposes of sexual exploitation.

International Human Trafficking

International trafficking occurs when a person is brought into Canada from a different country for the purposes of exploitation. Trafficked persons can come from anywhere, including Africa, Asia, Europe, Central, North America (includes Mexico), South America, Mexico and elsewhere.

Means by which people are trafficked internationally:

  • Traffickers and trafficked persons may enter destination or transit countries legally with visas such as temporary work permits, visitors and student visas.
  • Traffickers may smuggle trafficked persons across international borders using false documentation or via routes that are undetected by border authorities.

Human Trafficking versus Human Smuggling

Human trafficking and smuggling are NOT the same thing.

  • Smuggling – people pay to be transported illegally to a new country and are free from their smugglers upon arrival.
  • Human Trafficking – whether they expect it or not, trafficked persons are enslaved and exploited by their traffickers. What sometimes begins as smuggling can end up as exploitation and trafficking, but not all trafficking involves crossing borders.

It is not the movement of people, but the exploitation of people, that is the central element of human trafficking.

For more information about Human Trafficking, see Resources and Links page on this website.