Ontario and the Fight Against TIP:

UNCLAS SECTION 01 OF 02 TORONTO 000012

SENSITIVE

SIPDIS

DEPT FOR WHA/CAN AND G/TIP (BARBARA FLECK)
DHS FOR ICE HUMAN RIGHTS VIOLATORS AND PUBLIC SAFETY INVESTIGATIONS
DHS CIS OFFICE OF REFUGEE, ASYLUM, AND
INTERNATIONAL OPERATIONS

E.O. 12958: N/A
TAGS: KTIP KCRM KFRD KWMN PHUM PREF
CVIS, SMIG, PGOV, CA
SUBJECT: Ontario and the Fight Against TIP:
Better than Most, but Still Could Do More


1. (SBU) SUMMARY: A review of trafficking in persons (TIP) issues in
Ontario shows that the anti-TIP effort here has shown real
improvement from previously and is better than many abroad that our
officers have observed. Still, the anti-TIP effort here still faces
three problems that limit the efficacy of groups combating human
trafficking. First, no Provincial agency has the lead on addressing
human trafficking, nor are there social programs or services
specifically targeting trafficking victims. Second, trafficking
victims lack sufficient information about their rights, human
trafficking laws, and entitlements such as the Temporary Residence
Permit (TRP). Third, there is inadequate communication and
collaboration among NGOs, local government, and law enforcement. On
the plus side, the RCMP and municipal law enforcement are making
strides in terms of training and raising awareness
among law enforcement officers; individual police
divisions are taking the initiative to create their own programs to
help trafficking victims; and Ontario NGOs are a ready resource to
help local government and law enforcement agencies tackle the
problem. End Summary.


2. (U) Consulate staff and a visiting G/TIP officer
recently met with representatives of Ontario's Ministry of Justice,
Ontario Victim Services Secretariat, and the Ministry of Community
Safety and Correctional Services. Although they did not speak
directly to Ontario Government policies, they told us about recent
criminal cases involving human trafficking and services available to
trafficking victims. These offices currently have no projects
addressing the issue of human trafficking nor do they have any
partnerships with NGOs or the police services. Services for
trafficking victims are available through programs established for
other groups such as domestic violence victims.


3. (U) Starting in 2006, persons claiming to be
trafficking victims have been able to apply to Canadian immigration
authorities for a 180-day Temporary Residence Permit (TRP). During
the 180 days, TRP holders may decide to return home or stay in
Canada to assist in the investigation and prosecution of
traffickers. Additionally, trafficking victims who hold a TRP may
apply for a Canadian work permit and are eligible for federal
assistance and support services for trafficking victims. According
to our RCMP contact, there have been only sixty-one applications for
Temporary Resident Permits (TRPs),with twenty-six
issued in all of Canada since the inception of the TRP.

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Law Enforcement Moving First
--------------


4. (U) Canadian federal law enforcement and some local police
services are becoming more proactive in
combating trafficking in persons. The Royal Canadian Mounted Police
(RCMP) has taken the lead on the police effort in Ontario, providing
anti-trafficking training to local police services. The training is
a full-day law enforcement workshop and includes a briefing from
Canadian Border Services Agency (CBSA),human trafficking case
studies from throughout Canada, and presentations from police
services that have experience in prosecuting these cases. In 2008,
the RCMP conducted seven workshops, mostly in smaller cities where
police might face TIP problems but be less acquainted with how to
deal with it. For 2009, the RCMP has 10 workshops planned in the
GTA. Demand for the courses has steadily increased.



5. (U) Peel Regional Police, which provides policing
services to some 1.2 million people in the western part of the GTA,
has been ahead of others on this issue. This year, they obtained the
first two human
trafficking convictions for domestic trafficking in
Canada. They also currently have an additional 10
cases with human trafficking charges in the courts.
Previously, many cases would have been prosecuted under other
criminal codes, such as "pimping" laws. (Note: In Ontario, police
lay criminal charges and do not conduct pre-charge consultations
with the government prosecutors (known as Crown attorneys). In more
complicated cases, police may decide to consult with Crown attorneys
prior to laying charges but they are not bound to follow the
advice.) The officers responsible for these cases explained that
since the inception of the anti-trafficking laws in 2005, their
police service has been proactively seeking out possible victims in
brothels, massage parlors, and escort services. Moreover, the Peel
Police recently launched an initiative called "New Beginnings" in
which officers in the unit secure community partnerships where
business owners donate their time and/or services to assist

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trafficking victims.

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Trafficking Victims Lacking Information
--------------


6. (U) Representatives of NGOs providing services to
trafficking victims explained that in their view a lack of
information about the trafficking laws and the TRP is the reason
many more victims choose to not come forward and instead apply for
refugee status. Moreover, immigration lawyers advise their clients
that it is safer to claim refugee status because refugee status, if
approved, provides permanent status whereas a TRP may be revoked at
any time without appeal.


7. (U) Despite improvements in police training, NGO reps we talked
to said that inadequate training also still plays a role in the
reluctance of many trafficking victims to come forward. Some police
officers not familiar with human trafficking stigmatize the victims
and are unable to build the rapport necessary to earn their trust.
Inadequate training also impedes some officers from recognizing the
signs of human trafficking. This is especially detrimental in cases
of international trafficking where gaining the ictim's trust can be
more difficult because traffickers often threaten their victims'
families back home with harm.

-------------- -------------- NGOs Tackling
Trafficking and Seeing Increase in Domestic Cases
-------------- --------------


8. (U) One organization, FCJ Refugee Centre, claimed that in the
past year they saw about eight trafficking victims coming through
their doors. As a result, it has expanded its services to provide
shelter and legal assistance to trafficking victims. Another group,
Streetlights Support Services, runs a program called "Choices" which
helps prostitutes find options to exit the sex trade. Among the
over 700 sex trade workers it assisted this past year, it suggests
that perhaps five were domestic trafficking victims. The FCJ
Refugee Centre co-director told us that she has heard of similar
numbers from other NGOs across the city. These NGOs we met told us
they rarely have opportunities to provide input to local authorities
on the creation of policies and programs to reach out to the
victims.


9. (U) NGOs say they are seeing a rising trend in domestic
trafficking incidences, including more cases involving aboriginal
youth trafficked from rural reservations to big cities in Canada and
the U.S. RCMP and Peel Regional Police confirmed that local police
services are finding more domestic trafficking than international
cases. One RCMP officer told us that he just did not see
international cases in the GTA


10. (U) Comment: While Ontario seems to have the resources to
effectively combat both international and domestic trafficking in
persons, a lack of coordination among the different groups has
created a less than fully effective system. The numerous
organizations and police officials with whom we met confirmed that
distrust of authorities and a lack of information about available
resources keeps some trafficking victims from coming forward. NGOs
found that when foreign trafficking victims do come forward, they
are often advised to seek refugee status instead of using the TRP
process. At present, anti-trafficking efforts in Ontario are mostly
carried out by the police and a number of relatively small groups
acting independently and rarely collaborating. The provincial
government up to now has not taken a leading role nor has it
coordinated efforts to combat trafficking. We sense that upper
echelon leadership in the Provincial government is necessary if
Ontario is to take its anti-TIP efforts to the next level.


BYSFIELD