Benjamin Perrin, Executive Director, The Future Group
· It must be remembered how different this industry is from other illegal trafficking industries, such as the drug trade. People are always on the lookout for drugs, they can be sniffed out by a dog. On the other hand there is no easy way to determine if someone has been trafficked.
· At the moment there still exist legal means for trafficking, an example being the exotic dancer visa that caused a political controversy recently. We have to close these avenues down if we hope to do better at combating trafficking.
· Canada still does not have a legal structure to allow a trafficking victim to stay in the country—have a humanitarian grounds bar from removal but you literally have to have a minister sign off on that.
· What was the reason for this study? The initiative was sparked by the news coverage of a massage parlor raid in Calgary in 2003. This was a wake up call to the Future Group, and the country, that human trafficking was an issue in Canada.
· Once the raid took place the women were deported.
· Started looking into the situation of these women. Found that Canada had ratified the UN Trafficking Protocol—however, this is not part of a human rights convention but part of a law enforcement treaty dealing with organized crime. This conceptual starting point has implications for how the problem is understood.
· When you deal with the problem of trafficking from the starting point of organized crime, it makes sense to let a victim remain in the country if they agree to cooperate with authorities.
· On the other hand, if you approach the problem of trafficking from a human rights standpoint, you may place a greater emphasis on the welfare of the victims.
· Articles 6-8 of the UN Trafficking Protocol deal with the protection of the victims but notice that in this protocol there are a lot of ‘mays’ and ‘should considers’ rather than ‘shalls’.
· Benjamin makes the point that the language here demands that governments textually consider what types of rights they will give to victims. The fact that Canadian legislation is silent on the matter may make room to challenge the government on its inaction in this area.
Benjamin highlighted two issues that must be considered in any legal regime to help the victims: restoration of victims and support of victims. He drew from the special laws pertaining to human trafficking victims which exist in the United States and Australia to demonstrate ways in which Canada could improve its approach:
· Restoration of victims: 1) special adjudication—United States has a council to that hears only cases dealing with human trafficking. Staged approach (as used in Australia):
1. Reflection period—30 to 45 days victim stays in a shelter;
2. If they would be in danger upon return or if they cooperate with authorities they can get temporary residence. It is important to note that this test is less onerous than the one applied to refugee claims;
3. Possibility of permanent residence.
Support of victims:
1. During the reflection period they are often granted some money for basic needs and counseling is also provided in an attempt to deal with the post-traumatic stress;
2. Australia provides vocational training for the victims as well.
· Benjamin highlights the efrforts that have been made in the United States to integrate civil society into supporting the victims and combating trafficking. For example, legal aid clinics are aware of the special visa application for victims of trafficking.
· Issues of privacy—in Canada ther have been cases where the victims name and story have been written in the judgments without a pseudonym—this is unacceptable, as it can put the victim and their family in further danger.
· Why did Canada get a failing grade?
1. There is no clear legal process for allowing victims to stay in the country, nor any government mandated reflection period;
2. There is no government funding for these victims—RCMP are diverted from the investigations to try and find medical care and housing for victims. They are forced to fill a leadership void in this context.
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