2006 TRAFFICKING IN PERSONS REPORT: CANADA

UNCLAS SECTION 01 OF 14 OTTAWA 000563

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR WHA/PPC J. BENSON, G/TIP, G, INL, DRL, PRM, IWI,
USAID

E.O. 12958: N/A
TAGS: PHUM PREF KCRM KWMN KFRD SMIG ASEC ELAB CA
SUBJECT: 2006 TRAFFICKING IN PERSONS REPORT: CANADA

REF: SECSTATE 5704

This information contained in this report is Sensitive But
Unclassified.

SIPDIS

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OVERVIEW OF CANADA'S ACTIVITIES
TO ELIMINATE TRAFFICKING IN PERSONS (TIP)
--------------


1. (SBU) The Government of Canada's (GOC) approach to
Trafficking in Persons issues emphasizes a criminal justice
and law enforcement perspective through the country's
immigration framework, rather than seeking to provide basic,
humanitarian assistance to trafficking victims. Individual
provinces and territories provide services to victims,
including access to legal aid, health care, social assistance
and housing. In general, the provinces and territories
utilize services of their local NGO community on an "as
needed" basis rather than through a systematic, transparent
delivery system that specifically responds to the needs of
trafficking victims versus those of other vulnerable
populations. Victims generally receive no federal government
funding unless they are able to tap into the extensive
federal social safety net by regularizing their immigration
status in Canada. The domestic trafficking problem of
Canadian citizens is generally acknowledged but remains
unaddressed.


2. (SBU) There is widespread acknowledgment that
immigration remedies provide insufficient protection to
victims. Though options such as legal 90- to 180- day
"cooling off" periods for victims are under discussion, none
currently exists. Recently passed legislation that
specifically criminalizes trafficking offenses will provide
an additional and effective tool for the identification,
arrest and conviction of traffickers. It remains to be seen,
however, whether the new government will be able to redress
status issues and the treatment of victims in a comprehensive
and proactive way, working collectively with the NGO
community and provincial authorities to create a more
protection-oriented regime.


3. (SBU) The 17-member Interdepartmental Working Group on
Trafficking in Persons (IWG),the policy development and
QTrafficking in Persons (IWG),the policy development and
coordinating body for the federal government, does not
include NGO representatives. During 2005, individual agency
members of the IWG undertook a variety of infrastructural,
training and outreach programs and legislative initiatives,
but did not pursue policies to address legal status issues of
victims, or provide funds for and to systematize victims'
assistance programs. Progress on a federal strategy to
combat trafficking in persons was interrupted by the November
2005 fall of the previous government and elections in January
2006; work on the strategy has yet to resume under Canada's

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first Conservative government in 12 years.


4. (SBU) In September, the government designated RCMP
members for their newly renamed Human Trafficking National
Coordination Center (HTNCC) that coordinates domestic
trafficking efforts with six RCMP immigration and passport
regional offices. Recent and continuing long-term
cross-border operations by U.S. and Canadian law enforcement
that require extensive investigations, many making use of
intelligence sharing techniques, have produced arrests of
individuals on smuggling charges. 2005 saw the first arrests
under two separate laws relating to sex tourism and
cross-border trafficking. Localized efforts, particularly in
British Columbia where the problem is publicly acknowledged
in the most high profile way in the country, are noteworthy,
although in their nascent stages.

Law Enforcement Data


5. (SBU) There have been no new comprehensive quantitative
assessments about the smuggling or trafficking problem in
Canada since the 2004 RCMP report that estimated between 600
and 800 people are smuggled into the country annually. The
Government of Canada suggests that small, but unquantifiable,
numbers of trafficking victims or potential trafficking
victims, enter the country illegally or legally and that, due
to the small number of confirmed cases and in order to
protect the integrity of ongoing investigations, no specific
information on individual trafficking cases could be provided
for this report. The extent of domestic trafficking in
Canada is difficult to determine, given that citizenship,
ethnic background or place of habitual residence of the
victim is often not made available. Conversations with
members of the NGO community failed to produce specific data
corroborating claims of increased numbers of trafficking
victims. However, both U.S. and Canadian immigration and law
enforcement officials acknowledge that law enforcement
cooperation on smuggling as well as on individual trafficking
cases has been positive and fruitful.


6. (SBU) In 2005, DHS and Canadian law enforcement (RCMP,
Q6. (SBU) In 2005, DHS and Canadian law enforcement (RCMP,
CBSA and CSIS) cooperation, both through the use of
Integrated Border Enforcement Teams (IBETs) as well as
localized relationships particularly in the Vancouver and
Toronto areas, has resulted in the arrests of at least 17
individuals on human smuggling charges. Due to slow
administrative procedures, combined with charges also being
filed in the U.S., some Canadian offenders are extradited to
the U.S. for trial, sentencing and incarceration. DHS
officials in Canada estimate that they have worked
cooperatively with Canadian law enforcement on at least five
trafficking cases and investigations are ongoing.


7. (SBU) From March 1, 2005 to January 31, 2006, U.S.
border officials, including joint U.S./Canadian IBETs, have

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provided unofficial statistics that have identified 1,088
individuals claiming to have been smuggled into the U.S. Of
those, 221 have been verified as legitimate smuggling cases.
These figures are based on individuals having been
apprehended in the U.S., many within a few miles of the
U.S./Canadian border. 47 different source countries comprise
the claims, with Mexico, Guatemala, China, South Korea,
Brazil and Honduras (in descending order) being the countries
with the greatest numbers. Of those individuals whose claims
to have been smuggled were verified, 28 different source
countries were evident. They were South Korea, India,
Mexico, Canada and China (in descending order). Of those with
verified claims, the average cost paid for the smuggling
ranged between $50 and $8,000.


8. (SBU) There are currently seventeen ongoing
investigations under related offenses of the Immigration and
Refugee Protection Act (IRPA),including the Section 118 that
specifically prohibits trafficking in persons. During the
reporting period, there were six TIP-related convictions
under various Criminal Code offenses. The sentences imposed
varied based on the particular offense. Nine other
TIP-related cases with charges under the Criminal Code remain
pending. For the reporting period, there were seven cases of
individuals prosecuted for offenses related to migrant
smuggling, for which five convictions were obtained. One
case remains pending and the other prosecution resulted in an
acquittal.


9. (SBU) Statistics-Canada is expected to release
police-reported smuggling data for calendar year 2005 and an
annual Criminal Court Survey for fiscal year 2005/2006 (April
1, 2005 to March 31, 2006) during the summer. However
court-reported data on prosecutions of migrant smuggling
cases for the two year period from 2002 to 2004 (under
Section 117 of IRPA) indicate an increase from four to
fourteen prosecutions, as well as a corresponding increase in
convictions from two to ten.


10. (SBU) According to the 2005 Criminal Intelligence
Service Canada's (CISC) Annual Report on Organized Crime,
QService Canada's (CISC) Annual Report on Organized Crime,
Canada is a destination and transit country for trafficking
victims who are brought to Canada for the purpose of forced
labor and sexual exploitation. Asian and Eastern European
crime groups have been involved in trafficking victims from
Eastern Europe (including Albania and Russia),Africa and
Asia (including Thailand, Cambodia, Malaysia, Vietnam, the
Philippines, China and South Korea). In addition, domestic
crime rings, using tactics of deception and coercion similar
to those practiced by international human traffickers, target
and traffick women from the Atlantic provinces to large urban
centers in other parts of Canada.

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PREVENTION

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Raising Trafficking Awareness


11. (SBU) Federal Level Training and Outreach: The RCMP,
Canada's national policing agency, has implemented training
programs to help immigration and customs officers recognize
trafficking victims. For example, new cadets at the national
training academy regularly receive training to recognize
trafficking victims and implement strategies in combating the
problem. The booklet "Human Trafficking: Reference Guide
for Canadian Law Enforcement" published in May 2005 by the
University College of the Fraser Valley (British Columbia)
Press is used as a training handbook and has been distributed
to federal, provincial and municipal law enforcement
officials. Twice a year, the RCMP conducts week-long
training seminars with a one-day focus on human trafficking
for RCMP members and agencies outside the RCMP including, for
example, the Department of Homeland Security (DHS),the
Canada Border Services Agency (CBSA) and international police
forces. This training includes discussion of relevant
sections of IRPA and the Criminal Code, and now will include
the new offenses contained in Bill C-49 (see paragraphs 16
and 17) In May 2005, the RCMP organized a training seminar
for police, prosecutors, other law enforcement officials and
members of civil society. RCMP officials participated in
training and awareness sessions on TIP in Australia and in
the U.S., the latter in partnership with DHS. The RCMP is
currently developing a power point presentation and video for
use in training trainers for law enforcement officers and
NGOs. This initiative is expected to be finalized in spring

2006. A Department of Justice training session for the RCMP
on Bill C-49 is scheduled for March 2006.


12. (SBU) In April, to mark Refugee Rights Day, the
Canadian Red Cross and the Canadian Council for Refugees
hosted a public forum in Vancouver on human trafficking.


13. (SBU) In May, the RCMP, the Canadian Department of
Public Safety and Emergency Preparedness Canada (PSEPC) and
the British Columbia Justice Institute held the Pacific
Qthe British Columbia Justice Institute held the Pacific
Northwest Conference on International Human Trafficking in
Vancouver. The conference focused on the arrest and
prosecution of traffickers.


14. (SBU) In November, the Canadian Red Cross and the
Canadian Council for Refugees, with a financial contribution
from the IWG, co-organized a conference in Vancouver
entitled, "Look Beneath the Surface: Community Responses to
Human Trafficking." The conference, attended by 200
participants from civil society, federal/provincial/municipal
levels of government and faith-based organizations, focused
on raising awareness, encouraging local activism and
providing services to trafficking victims.


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INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------

Canadian Anti-Trafficking Legislation


15. (SBU) Canada's criminal laws prohibit trafficking for
all purposes regardless of whether the trafficking occurred
wholly within Canada or whether it involved bringing
individuals into Canada for the purpose of exploitation.


16. (SBU) Bill C-49, An Act to Amend the Criminal Code
(Trafficking in Persons),became law on November 25, 2005.
The legislation empowers local police, who are not authorized
to lay charges under the 2002 Immigration and Refugee
Protection Act (IRPA) that RCMP enforces, to use the Criminal
Code to arrest individuals for trafficking offenses. The
legislation specifically criminalizes trafficking in persons,
prohibits persons from benefiting economically from
trafficking in persons and prohibits the withholding or
destroying of identity, immigration or travel documents to
facilitate the trafficking of persons.


17. (SBU) Penalties for C-49, depending on the specific
charge, include imprisonment for up to 14 years, but can be
increased to life for aggravating circumstances. This
legislation, which does not require any cross-border
movement, supplements IRPA and related offenses in the
Criminal Code (fraudulent documentation, prostitution-related
offenses, physical harm, abduction and confinement,
intimidation, conspiracy, and organized crime) that have been
and can be used to combat trafficking. Trafficking offenses
under IRPA's Section 118 carry a maximum penalty of life
imprisonment and a fine of up to $870,000 (Cdn $1 million).


18. (SBU) Bill C-2, An Act to Amend the Criminal Code
(Protection of children and other vulnerable persons) and the
Canada Evidence Act, became law on July 20, 2005. The
legislation strengthens provisions in the Code intended to
protect children and other vulnerable persons from sexual
exploitation, violence, abuse and neglect. It facilitates
the participation of child victims/witnesses and vulnerable
Qthe participation of child victims/witnesses and vulnerable
persons by providing testimonial aids, such as screens and
closed-circuit television, and by eliminating the need for a
competency hearing prior to the admission of testimony from a
child under 14. The new maximum penalty for the offense of
sexual exploitation of a minor between the ages of 14 and 18
has been increased from five to ten years and a minimum
sentence of 45 days has been imposed.

Establishment of an RCMP Trafficking Center


19. (SBU) In 2005, the RCMP established the Human
Trafficking National Coordination Center (HTNCC) within the
Immigration and Passport Branch. It is currently staffed

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with two RCMP officers and one analyst; three additional
officers are expected in the upcoming months. The Center's
mandate includes domestic and international coordination of
intelligence gathering and sharing, monitoring
investigations, analytical services and data collection. The
HTNCC is tasked with developing a national enforcement
strategy to combat trafficking.


20. (SBU) There are also six regional RCMP Human
Trafficking Awareness Coordinators whose responsibilities
include investigation and intelligence gathering on TIP
cases, coordination with provincial and municipal law
enforcement and NGO service providers, as well as training
outreach to CIC, CBSA and municipal police forces to raise
their awareness about individuals who are potential
trafficking victims.

Various Relevant Penalties


21. (SBU) Maximum penalties for sexual assault offenses
range from ten years to life imprisonment, dependent upon
aggravating circumstances and use of a firearm. Bill C-2
increases the maximum penalties on summary conviction for
child specific offenses from six to eighteen months and
doubles the maximum penalty on indictment for sexual
exploitation of a young person from five to ten years.

Prostitution


22. (SBU) The Criminal Code of Canada does not specifically
prohibit adult prostitution but rather prohibits related
activities such as solicitation, procuring, living on the
avails and operating a bawdy house. Prostitution of persons
under 18 years of age is prohibited. There are conflicting
reports that local Vancouver police regularly raid strip
clubs or massage parlors but that, in Toronto, this occurs
only when the community at large complains about them. In
Toronto, for instance, strippers, strip clubs and massage
parlors (but not masseuses) are licensed by the city and,
while owners of strip clubs and massage parlors are closed
down for code violations, they are often allowed to obtain
new licenses for new facilities. Ontario courts reportedly
send approximately 30 men per month to the Toronto "john
school" in an effort at demand reduction. In November 2004,
Qschool" in an effort at demand reduction. In November 2004,
a parliamentary sub-committee began a review of Canada's
solicitation laws in order to improve the safety of sex-trade
workers and to recommend changes that would limit the
exploitation of and violence against them. While the
hearings have been completed, the final report was not issued
prior to the dissolution of Parliament in November 2005.

Trafficking Investigations


23. (SBU) On April 14, 2005, Canadian law enforcement
brought the first case under IRPA against a Chinese owner of

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a massage parlor who was charged with two counts of human
trafficking for bringing women into the country under false
pretenses and coercing them into prostitution. His victims
have voluntarily returned to China, their country of origin,
and are expected to return for the ten-week trial, expected
to begin in a Vancouver court on March 28. However, a
constitutional challenge has been brought and, at this time,
it is unclear whether the trial will proceed as planned. The
Canadian legal system has no provisions for either
administrative or grand jury subpoenas, requiring any
inter-agency cooperation in the form of court orders approved
by judges. The result is that the gathering of evidence is
slower and more cumbersome and it takes longer before cases
are brought to trial.


24. (SBU) In 1997, Canada's criminal laws were amended to
permit Canadian prosecution of Canadian citizens or permanent
residents who engage in prohibited sexual activity with
children while abroad. One individual was charged and
convicted in June 2005 of child sex tourism offenses under
Section 7, Sub-section 4.1 of the Criminal Code, for crimes
committed with children under age 14 in Cambodia. The
individual was the subject of an investigation for torturing
prostitutes in Vancouver. In the course of the
investigation, the individual's personal computer was
confiscated and found to contain a record of his illicit
international activities. He was charged with 22 counts of
assault on adult prostitutes and 16 counts of child sex
tourism for actions that occurred outside of Canada. The
individual pled guilty and is currently serving a ten year
sentence.


25. (SBU) On February 24, the provincial Royal Newfoundland
Constabulary announced the arrests of two individuals, a
Canadian and a Kuwaiti-born Canadian citizen, on 30 charges
stemming from an investigation into a child pornography ring
in Newfoundland. The two individuals, whose alleged victims
include seven girls between the ages of 13 and 16, are
charged under the Criminal Code with committing a variety of
Qcharged under the Criminal Code with committing a variety of
offenses between Sept. 1, 2005 and January 24, 2006, prior to
the passage of either of the new pieces of legislation
discussed above.

Federal versus Provincial Prosecutions


26. (SBU) The prosecution of offenses in Canada is shared
between the Provincial Attorneys General and the Federal
Attorney General. Generally, charges under federal
legislation other than the Criminal Code, such as those laid
under IRPA, are prosecuted by federal prosecutors. Criminal
Code offenses are prosecuted by provincial prosecutors.
Provincial Attorneys General may provide the Federal Attorney
General authority to prosecute Criminal Code cases and the
Federal Attorney General may provide Provincial Attorneys
General authority to prosecute IRPA cases, as appropriate;

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for example, where one set of facts gives rise to numerous
charges under both IRPA and the Criminal Code, authority may
be delegated to one Attorney General to prosecute all
offenses.

Exotic Dancer Visa Program


27. (SBU) In December 2004, the Canadian government
eliminated the blanket waiver of the Labor Market Opinion
that had previously existed for obtaining an "exotic dancer"
visa. Currently, in response to an individual employer's
request to hire a temporary foreign exotic dancer, Human
Resources and Skills Development Canada (HRSDC) assesses the
impact on the labor market, produces an opinion and issues a
letter to the employer for use by the employee in obtaining a
visa overseas. An employer is required to provide an
employment contract, not to exceed one year, that contains,
among other conditions, various wage and benefit
requirements. Provinces are authorized to enforce the
contract's working conditions. During calendar year 2005,
fewer than ten temporary work permits were issued overseas to
individuals seeking to come to Canada for employment as
exotic dancers. During the same period, Citizenship and
Immigration Canada (CIC) renewed and issued 63 work permits
in Canada to applicants requesting exotic dancer permits.
These include applications received at ports of entry from
nationals of countries not requiring temporary resident visas
to enter Canada. Of these, 81% (or 51) were issued to
Romanian nationals.

South Koreans


28. (SBU) South Korea was admitted into Canada's Visa
Waiver Program in 1995. The decision was reviewed and upheld
in 2005, after the integrity of the program was substantiated
by Citizenship and Immigration Canada. As of November,
Citizenship and Immigration Canada (CIC) reported that 47
countries are visa exempt and 140 require visas. During the
rating period, there were no specific reports of trafficking
victims from South Korea by either the Canadian law
enforcement or NGO community.

Cooperation in International Trafficking Investigations


29. (SBU) Canada cooperates extensively with the U.S. on
Q29. (SBU) Canada cooperates extensively with the U.S. on
all matters involving the shared border, including on those
impacting the crossing of persons and goods. Joint
multi-year investigations and operations by U.S. and Canadian
law enforcement identify, track and lead to the arrests of
individuals on smuggling charges. On February 14, a
cooperative two-year ICE, RCMP and CBSA investigation
resulted in the arrests of 17 individuals, 12 of whom were
Canadians, for their alleged part in a smuggling ring that
passed illegal aliens from the U.S. to Canada and from Canada
to the U.S. Over the two years, border officials intercepted

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more than 100 illegal aliens from China, South Korea, Albania
and Eastern Europe. More arrests in this case are expected.
In addition, there are several additional joint
investigations currently underway.


30. (SBU) Canada, with PSEPC in the lead, participates in
the regular meetings of the Canada-U.S. Cross-Border Crime
Forum (CBCF). Canada is working on a Joint U.S./Canadian
Threat Assessment on Human Trafficking that will be presented
at the fall 2006 session of the Cross-Border Crime Forum.


31. (SBU) The GOC reports that Canadian officials have
received cooperation from source countries in Asia where
known victims have originated (for instance, in the upcoming
IRPA prosecutions against an accused Chinese trafficker and
his two Chinese victims). The GOC has assisted countries in
Asia and in Eastern Europe but concerns about the victims'
identity and the integrity of the investigation limit the
availability of additional information.

Examples of Programming in Source Regions


32. (SBU) During the reporting period, the Canadian
International Development Agency (CIDA) and Foreign Affairs
Canada (FAC) have funded counter-TIP projects worldwide,
including in source countries. Efforts include the
following:

-- $87,000 (Cdn $100,000) CIDA funding to support UNICEF and
its partners in advocacy anti-TIP activities with Russian
authorities and the NGO sector.
-- $870,000 (Cdn $1 million) CIDA funding to the OSCE's
Anti-Trafficking Program for awareness raising activities,
researching the scope of the problem and identifying and
providing assistance to victims, largely in the Balkans.
-- $522,000 (Cdn $600,000) CIDA funding for Cambodian women
and girls to improve awareness and increase available
protection for domestic violence, abuse and trafficking for
sexual exploitation.
-- CIDA is working with the United Nations Interagency
Program (UNIAP) to address trafficking in Cambodia, China,
Lao, Myanmar, Thailand and Vietnam.
-- $87,000 (Cdn $100,000) FAC funds for an anti-TIP
prevention and reduction project in Benin, Burkina Faso,
Qprevention and reduction project in Benin, Burkina Faso,
Ghana, Niger, Nigeria and Togo.
-- $78,000 (Cdn $90,000) to UNODC for the development of
multi-lingual public service announcements combating
trafficking and the production and distribution of a
feature-length film on the topic.
-- Over the past year, the Canadian Embassy in Ukraine, in
cooperation with a variety of international organizations and
Ukrainian NGOs and government officials, sponsored two
anti-TIP training courses for some 80 representatives of
foreign consulates and embassies. The Embassy has also
trained call center operators from the International

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Organization for Migration's (IOM) newly-established Centers
for Migrant Advice.

International Fora


33. (SBU) Canada participates in international fora on
combating trafficking in persons, including the United
Nations, the Organization of American States (OAS),the North
Atlantic Treaty Organization (NATO),the International Labor
Organization (ILO),the Organization for Security and
Cooperation in Europe (OSCE),the IOM, the Regional
Conference on Migration (the Puebla Process); the Bali
Process and the Beijing 10 Platform for Action.


34. (SBU) On November 14, 2005, Canadian officials
participated in the international Expert Group Meeting on
International Trafficking, hosted by South Korea, the focus
of which was prosecution of traffickers. Since 1999, the
RCMP has met annually with Chinese counterparts through the
Canada/China Working Group that has formalized the countries'
law enforcement discussions and assisted in human trafficking
investigations in both countries. The RCMP also represents
Canada at the annual Interpol Working Group on Trafficking in
Women and the Europol Annual TIP Experts meetings. An RCMP
official will be chairing a working group session on victim
protection at the upcoming INTERPOL Working Group Meeting,
scheduled to take place in April 2006.

International Agreements and Treaties


35. (SBU) Canada ratified ILO Convention 182 concerning
the prohibition and immediate action for the elimination of
the worst forms of child labor on June 6, 2000. Canada
ratified ILO Convention 105 on forced or compulsory labor on
July 14, 1959. It has not ratified ILO Convention 29.
Canada ratified the Optional Protocol to the Convention on
the Rights of the Child on the sale of children, child
prostitution, and child pornography on September 14, 2005.
Canada ratified the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
supplementing the UN Convention against Transnational
Organized Crime on May 13, 2002.

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PROTECTION AND ASSISTANCE TO VICTIMS
QPROTECTION AND ASSISTANCE TO VICTIMS
--------------

Trafficking Victims' Assistance


36. (SBU) Protection responsibility is shared among
federal, provincial/territorial and municipal authorities.
Challenges exist in coordinating efforts both across Canada
as well as into individual communities as well as providing
consistent services across the provinces. For instance,
while the government of Ontario provides no funding for safe

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houses, provincial governments in British Columbia, Alberta
and Manitoba allocate funds for this purpose.


37. (SBU) The province of British Columbia, under the
Ministry of Public Safety and Solicitor General, has taken a
leading role in encouraging the coalescence of local
governmental and civil society organizations to meet the
needs of trafficking victims and currently funds over 150
programs. The current budget for victim services in British
Columbia is $8.26 million (Cdn $9.5 million). The Ministry's
Victims Services and Community Programs Division utilizes the
skills and experience of already established women's,
immigrant and faith-based organizations to provide a range of
social, health, rehabilitation and shelter services.
Municipalities also assist with social services and victims'
assistance programs and often turn to existing NGOs to meet
the needs. Challenges exist in coordinating across these
various levels of government as well as in providing
consistent, transparent and accessible services to individual
victims.


38. (SBU) While no specific anti-trafficking hotline exists
in Canada, various hotlines exist for victims of crime. In
British Columbia and the Yukon Territory, VictimLINK is a
toll-free 24/7 service that provides information and
referrals to crime victims in 26 languages. Ontario has a
province-wide toll-free hotline that links crime victims to
counselors and community services. Challenges exist in
making these resources readily known to those who might need
them. Officially launched in January 2005 as Canada's
national tip-line, cypertip.ca has resulted in the arrest of
17 individuals and 972 websites have been shut down. In 2005
- 2006, approximately 5800 reports of potential online sexual
abuse of children had been received.


39. (SBU) While not specifically developed to provide a
response to trafficking victims, the Department of Justice
established the Victim Fund in 2000 to which NGOs may apply
for funds to develop programs to fill gaps in service
delivery to victims.

Protection of Children
QProtection of Children


40. (SBU) The British Columbia Ministry of Children and
Family Development provides protection and guardianship
services to children and youth to age 19. Children under the
Ministry's care, which may include trafficked children, are
eligible to receive housing, health and dental care, legal
assistance with immigration and refugee-related matters,
counseling services and language training, regardless of
their immigration status. They may also attend school. In
February 2006, the Government of British Columbia committed
approximately $366 million ($421 million) over four years to
assist vulnerable children and their families.


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41. (SBU) The province of Alberta, under the Protection of
Children Involved in Prostitution Act, provides protective
intervention for individuals under 18 engaged in prostitution
as well as a variety of services, including protective safe
houses to assist youth exiting the sex trade. The
legislation imposes penalties for johns and pimps who cause a
child to be in need of protection under this legislation.
During the 2001 and 2003 fiscal years, 194 individuals were
placed into protective safe houses. Saskatchewan provides
similar protections under the Emergency Protection for
Victims of Child Sexual Abuse and Exploitation Act.

Shelters


42. (SBU) While not specifically oriented toward
trafficking victims, the federal government has invested $1
billion (Cdn $1.158 billion) in the National Homelessness
Initiative (NHI) since its inception in 1999. Within these
six years, community-based projects have created over 10,000
permanent beds in shelters and other transitional housing.
The NHI allocates funds for the purchase, construction and
renovation of shelters as well as for the establishment of
new support services, including training, skills development,
counseling and materials such as clothing and/or blankets for
those at risk. Challenges exist, however, in providing
emergency shelters for trafficking victims and their
dependents, particularly due to the possible increased risk
stemming from the organized crime component. Managers at
shelters occasionally express resistance in accepting
trafficking victims and their dependents out of concern that
their presence may put other clients at risk.

Trafficking Victims' Protection


43. (SBU) Foreign victims of trafficking in Canada may
apply for legal status under Canadian immigration law but are
reportedly often afraid to ask law enforcement for help for
fear of being deported due to immigration violations. Many
academics and members of grassroots organizations, as well as
some in provincial government and law enforcement circles,
recognize this short-coming and support a change to Canadian
Qrecognize this short-coming and support a change to Canadian
federal immigration law to enable victims to come forward
without fear of deportation. Currently, no provision in the
law exists for a cooling-off period to permit the victim
legalized status and access to assistance prior to pursuing
immigration options. In addition, none of the immigration
options is accorded automatically but rather on a
case-by-case basis. Often, trafficking victims are
discovered in an RCMP or local police raid and individual law
enforcement officers contact the Canada Border Services
Agency (CBSA) and/or Citizenship and Immigration Canada (CIC)
to seek regularized status for the individual. Without
non-immigration alternatives or a formalized system
specifically oriented toward trafficking victims, the victim
of trafficking remains at the mercy of the enforcement

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officials, rather than the subject of a systematic resolution
to status issues with corresponding assistance programs.


44. (SBU) There are three primary avenues and one avenue of
last resort. The three primary avenues are: 1) refugee
and/or protected status determined by an application to the
Immigration and Refugee Board, 2) temporary residency (TRP)
status and 3) humanitarian and compassionate applications.
Each of these provisions is complicated if there have been
prior immigration violations that have resulted in a removal
order. The other mechanism, pre-removal risk assessment
(PRRA) is an option only when an individual is ready to be
removed from the country and requires various administrative
steps prior to being granted. This status is granted to
approximately 3 to 5 percent of those who apply.


45. (SBU) Refugee or protected status may be accorded to
individuals who fear returning to their home country. Some
trafficking victims, however, do not leave exploitative
situations; rather, they experience them in Canada, thereby
complicated this avenue as a possible solution to their
status issues. Individuals request this status designation
either at a port of entry or in Canada. If a claimant is
determined by a CBSA or CIC official to be eligible, the
claim is forwarded to the Immigration and Refugee Board (IRB)
for a risk assessment if the individual is returned to
his/her country of origin. To qualify, the IRB must
determine that the individual meets the definition of a
refugee under various U.N. conventions/protocols. Once a
claim is referred to the IRB, an individual may receive
essential health benefits, welfare and other social services,
as needed.


46. (SBU) A foreign national who is otherwise inadmissible,
including someone who has been trafficked, may apply to CIC
for a TRP. If granted, the individual may be permitted to
stay in Canada for a specific period of time with a possible
extension. TRP holders may apply for permanent residence
after three or five years and may apply for work or study
permits. Due to the decentralization that authorizes
Qpermits. Due to the decentralization that authorizes
individual provinces and territories to develop eligibility
criteria for health care delivery, legal aid and social
assistance, a TRP holder's access to these services depends
upon the location in which the service is requested and
varies accordingly.


47. (SBU) Humanitarian and compassionate applications, at a
cost of $478 (Cdn $550),are made to CIC which uses its
discretionary authority in considering a victim's
demonstrated ties to Canada. While this avenue can result in
permanent residence status and can overcome a pending removal
order, trafficking victims may find it difficult to meet the
necessary criteria for approval. There are no federal
benefits available to an individual who is granted this
status.

OTTAWA 00000563 014 OF 014


Witness Protection Program


48. (SBU) The Witness Protection Program Act provides the
legal framework to protect persons who are involved in
providing assistance to law enforcement in various matters.
Protection can include relocation, accommodation and change
of identity, as well as counseling and financial support
necessary to ensure the security of the person and to
facilitate their re-establishment and self-sufficiency. The
RCMP manages the Source Witness Protection Program. As of
February 2006, no victims of human trafficking have applied
for protection under this program.

National Missing Children's Registry


49. (SBU) The National Missing Children Services (NMCS),a
national police service, assists law enforcement agencies in
the investigation, location and return of missing children to
their parent or legal guardian. The NMCS, housed within RCMP
Headquarters in Ottawa, works in partnership with the RCMP,
CBSA, FAC and DOJ. In addition to managing missing children
files and identifying possible links to trafficking in
persons, the NMCS conducts training workshops for law
enforcement personnel. In 2005, four NMCS training workshops
reached 107 law enforcement personnel and a fall 2005
national training conference had 130 participants.

POINT OF CONTACT


50. (U) Embassy point of contact is Human Rights Officer
Lisa Bess Wishman. Her telephone number is 613-688-5240.
The fax number is 613-688-3098 and e-mail is
wishmanlb@state.gov. Mission-wide, approximately 80 hours
were spent researching and writing this report.


Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa

WILKINS