CANADA 2010 TIP REPORT

UNCLAS SECTION 01 OF 31 OTTAWA 000208



SENSITIVE

SIPDIS



E.O. 12958: N/A

TAGS: PHUM, KTIP, ELAB, KCRM, SMIG, KFRD, KWMN, ASEC, PGOV, PREF

KMCA, CA

SUBJECT: Canada 2010 TIP Report



1. (SBU) CANADA'S TIP SITUATION







A. The Government of Canada collects trafficking in persons (TIP)

information within Canada through a number of sources, including

police and court-reported data, reported case law, and the Royal

Canadian Mounted Police (RCMP) Human Trafficking National

Coordination Centre (HTNCC). The 2009 Annual Criminal Intelligence

Service Canada Report on Organized Crime provides a general

assessment of human trafficking in Canada and is available online.

The Department of Citizenship and Immigration (CIC) collects data

on the issuance of Temporary Resident Permits to foreign nationals

who are suspected victims of trafficking; not all of these cases go

through the police or court system. Canada is finalizing a study

on the feasibility of developing a national data collection

framework, and expects to release the results in 2010. The study

assessed data and information needs, examined the current capacity

to track TIP data and information that is currently available and

any subsequent data gaps, identified potential direct and indirect

indicators, and highlighted the challenges that will need to be

addressed regarding data collection and data sharing. During the

reporting period, the National Missing Children's Services (NMCS)

of the RCMP Canadian Police Centre for Missing and Exploited

Children interviewed 175 police and service agencies in 20 Canadian

cities and towns to determine the nature and scope of domestic

trafficking of children under age 18. NMCS also trains police and

recognized searching agencies in the investigation of missing,

abducted, and runaway children. NMCS plans to expand this training

to include information on the potential risks that such children

face of being trafficked.







B. Canada is primarily a destination country for TIP. According

to the government, Asia, in particular South Korea, China, Hong

Kong (SAR),Taiwan, and Malaysia as well as Eastern European

countries such as Romania, Ukraine, and Moldova are the primary

sources for TIP victims for sexual exploitation in Canada. NGOs

allege human trafficking for forced labor occurs across the

country, with a higher number of cases in Alberta and Ontario

provinces; however, they acknowledge the difficulty in gauging

labor exploitation versus trafficking. According to the

government, the majority of the human trafficking for forced labor

investigations in Canada has been linked to foreign workers

staffing industries for food processing, energy resources,

technology as well as the service industry, including food retail

chains and restaurants. Labor-related investigations also involve

migrants from the Philippines, India, Poland, China, Ethiopia, and

Mexico, with employers illegally transporting migrants and

subsequently exploiting them as domestic helpers. None of the

government investigations, however, determined that the level of

exploitation rose to forced labor trafficking.







Both NGOs and the government report that trafficking for sexual

exploitation is more prevalent than forced labor, specifically in

the cities of Vancouver, Montreal, and Toronto. The government

identifies migrant women, new immigrants, at-risk youth, and those

who are socially or economically challenged as vulnerable

populations at risk of trafficking. While the government believes



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that organized crime is involved in human trafficking for sexual

exploitation, it has not determined the extent of transnational

criminal involvement.



NGOs rarely attempt to quantify independently the number of

trafficking victims in Canada, although most quote an estimate of

2,000 people subject to trafficking into Canada annually. In 2004,

the RCMP had estimated that traffickers brought approximately 600 -

800 persons into Canada annually and that they sent an additional

1,500 - 2,200 persons from Canada into the United States. The

government no longer uses the 2004 estimates and the RCMP is

conducting a national threat assessment to gauge the level of TIP

activity across Canada. The RCMP plans to release the results of

the assessment in early 2010. Trafficking victims have been

foreign nationals, permanent residents, and Canadian citizens.



C. Reported case law confirms that victims face sexual

exploitation within Canada in various venues. The majority of the

victims believe that they will be working as waitresses, models,

caregivers, or other legitimate occupations, only to find

themselves in the sex trade under coercion. Control tactics to

retain victims in exploitative situations include isolation from

their social network, forcible confinement, withholding

identification documents, imposing strict rules to control

behavior, limitation of movement, as well as threats and violence.

Complaints by foreign workers have commonly cited elements of

deception, financial exploitation, harassment, and threats of

deportation by their employer or by a third party agency.



D. The federal government identifies migrant women, new

immigrants, at-risk youth, and those who are socially or

economically disadvantaged as the most vulnerable TIP populations.

All cases of TIP for sexual exploitation that law enforcement

agencies across Canada have investigated, including those that did

not result in TIP-specific charges, involved women or teenage girls

or both. The majority of these cases included socially and

economically disadvantaged women and girls. Cases of trafficking

for forced labor under investigation by law enforcement agencies

across Canada involve both adult male and female foreign workers.





NGOs and advocacy groups have drawn attention to the plight of

aboriginal women and their vulnerability to trafficking. The

Native Women's Association of Canada'(NWAC) has created education

and awareness programs aimed at improving access to the judicial

system for victims, while identifying the challenge of encouraging

prosecutors to lay trafficking charges and secure convictions.

NWAC is seeking to expand the definition of trafficking beyond

prostitution to other forms of exploitation, including the use of

aboriginal women as involuntary drug couriers. The government

awarded C$5 million (US$4.7 million) to NWAC in 2005 for five

years, but has not as yet renewed its funding commitment beyond

2010. NGOs further identify agricultural workers and domestic

caregivers as highly vulnerable to trafficking.







E. According to the government, human trafficking for sexual

exploitation is primarily associated with organized prostitution.

Specifically, human trafficking occurs behind prostitution fronts,

such as escort agencies and residential brothels. Suspects in

human trafficking activities mostly operate with associates of



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similar ethnicity and have ethnic ties to the source countries of

their migrant workers.







Government investigations show that organized crime networks with

Eastern European links transported women from former Soviet states

into Canada for employment in escort services in the Greater

Toronto Area and possibly in massage and escort services in the

Montreal area. These groups have demonstrated transnational

capabilities and significant associations with convicted human

traffickers in the Czech Republic, Germany, Belarus, and Israel.

Government investigations indicate that criminal networks use

agents in Eastern European source countries to facilitate the

recruitment and transport of illegal sex workers into Canada.

These individuals arrange local employment advertisements, initiate

contact, facilitate travel documents, and coach potential victims

to deceive Canadian immigration officials. Criminal networks

trafficking Eastern European nationals to Canada for the sex

industry likely have access to high quality fraudulent

identification and travel documents, allowing migrants to travel

undetected across multiple borders. Investigations have found

that some Eastern European women who had been recruited to come to

Canada to work illegally in the sex trade were exploited by

traffickers. Major cities with Asian organized crime networks are

also destinations for migrant sex workers from Asia. Some Asian

women have come to Canada with legitimate employment offers, only

to enter the sex trade under coercion by organized crime groups

once in Canada.







Reported case law shows that some of the individuals convicted of

trafficking offenses were affiliated with street gangs that are

known to law enforcement for their "pimping" culture. Domestic

human trafficking victims have mostly been recruited through the

Internet, by an acquaintance, or directly by traffickers, who then

coerced the victim to enter the sex trade. Victims of domestic

human trafficking included underage girls who were exploited

through prostitution in exotic dance clubs or escort services.

Some traffickers provided fraudulent identification for their

victims to feign legal age. With the exception of one case, all

traffickers involved with Canadian girls and women within Canada

were males. RCMP investigations have uncovered individuals or

family units who control, threaten, and underpay foreign national

domestic helpers, whose employers often smuggle them into Canada.

The RCMP has not identified organized crime involvement in human

trafficking for forced labor.







2. (SBU) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS







A. Canada recognizes the serious nature of human trafficking,

which disproportionately harms the most vulnerable members of

societies, predominantly women and children. Canada remains

committed to combating human trafficking domestically and abroad,

and will continue to work closely with domestic and international

partners to this end.



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B. The Interdepartmental Working Group on Trafficking in Persons

(IWGTIP) coordinates federal anti-trafficking efforts. Chaired by

the federal Departments of Justice and of Public Safety, IWGTIP

brings together 17 federal departments and agencies and serves as a

central repository of federal expertise. The province of British

Columbia maintains offices dedicated solely to human trafficking;

however, most provinces rely on a network of law enforcement

agencies, court records, social service agencies, and NGOs to

combat sex and labor trafficking. For example, the province of

Alberta supports the Action Coalition on Human Trafficking (ACT

Alberta),a TIP advocacy group and service provider to TIP victims.









The IWGTIP has representatives from the following federal

departments/agencies:







A Canada Border Services Agency (CBSA)



A The Department of Canadian Heritage (CH)



A Canadian International Development Agency (CIDA)



A Criminal Intelligence Service Canada (CISC)



A Department of Citizenship and Immigration (CIC)



A Department of Justice (Justice Canada)



A Department of National Defence (DND)



A Department of Foreign Affairs and International Trade

(DFAIT)



A Department of Health (Health Canada) / Public Health

Agency of Canada (PHAC)



A Department of Human Resources and Skills Development

(HRSDC)



A Department of Indian and Northern Affairs (INAC)



A Passport Agency (under DFAIT)



A Public Prosecution Service of Canada (PPSC)



A Department Public Safety (Public Safety Canada)



A Royal Canadian Mounted Police (RCMP)



A Statistics Agency (Statistics Canada)



A Status of Women Agency (SWC)







C. No systemic limitations hinder the government's ability to



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address TIP, and no evidence suggests any corrupt involvement by

Canadian officials in TIP-related matters. Jurisdictional issues

between federal and provincial or territorial governments hamper

the ability of the federal government to have a detailed picture of

the national scope of trafficking cases, investigations, and

anti-TIP efforts. The government investigates and prosecutes any

allegations of corruption in accordance with Canadian law.



D. The IWGTIP monitors all federal anti-trafficking efforts. The

Minister of Citizenship, Immigration, and Multiculturalism presents

an annual report to Parliament on the immigration activities and

initiatives of CIC. CIC reports on the issuances of Temporary

Resident Permits for victims of human trafficking in this report,

which is available online. Justice Canada monitors TIP case law,

and the HTNCC coordinates anti-trafficking law enforcement

prevention and investigation efforts. The RCMP maintains

statistics on TIP training/awareness for law enforcement agencies,

government and non-government organizations as well as the public,

and shares them with the IWGTIP, various government officials, and

media outlets, as requested. NGOs, advocacy groups, and provincial

offices also share law enforcements strategies, best practices, and

successful cases studies with the law enforcement community and

NGOs during conferences, RCMP human trafficking workshops, and

regular meetings with the HTACs.





Internationally, Canada is an active participant at the Conference

of the Parties to the United Nations Convention against

Transnational Organized Crime. Canada participated in two

open-ended intergovernmental working groups of the Conference of

Parties, the implementation of the United Nations Convention

against Transnational Organized Crime, and the Protocol to Prevent,

Suppress, and Punish Trafficking in Persons, especially Women and

Children.







E. Statistics Canada conducts a census every five years to count

the population, including Canadian citizens (by birth and by

naturalization),landed immigrants, and non-permanent residents

together with family members living with them. The census

questionnaires are in English, French, and 62 non-official

languages, including aboriginal languages and Braille as well as on

audio cassette. The census collects detailed information from all

residents including population counts and demographic data,

language, place of birth, place of birth of parents, generation

status, citizenship, landed immigrant status, year of immigration,

ethnic origin, aboriginal identity, visible minority population,

population group (i.e. White, Chinese, South Asian, Black,

Filipino, Latin American, Southeast Asian, Arab, West Asian,

Korean, Japanese, Other - Specify),education, unpaid work, labor

market activities, mobility, journey to work, income, families and

households, housing, shelter costs, and disability. The census also

collects the place of birth, place of birth of father, place of

birth of mother, generation status, citizenship, landed immigrant

status, and period of immigration of Canada's population.







Registration of births is a legal requirement in each province and

territory. Provincial and territorial Vital Statistics Acts (or

equivalent legislation) require the registration of all live



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births, stillbirths, deaths, and marriages within their

jurisdictions. All provinces and territories maintain reports on

the date and place of birth, child's sex, birth weight, and

gestational age, parents' age, marital status and birthplace,

mother's place of residence, and type of birth (single or

multiple). Parents complete the registration of a live birth and

file it with the local registrar. Most provinces also require

physicians (or other birth attendants) to report all births.







F. The Canadian Centre for Justice Statistics (CCJS),in

co-operation with the policing community, collects annual

police-reported crime statistics through the Uniform Crime

Reporting (UCR2) Survey. The UCR2 survey data represent the number

of criminal incidents of TIP that were detected or recorded by

police within a calendar year. The Adult Criminal Court Survey

(ACCS) is a national database of statistical information on the

number of appearances, charges, and cases in adult criminal courts.

The survey is intended to be a census of federal statute charges

heard in provincial and superior criminal courts in Canada. These

data are collected by the CCJS in collaboration with provincial and

territorial government agencies responsible for adult criminal

courts. Justice Canada also monitors TIP-related case law. Any

issues that arise are explored in relevant Federal/

Provincial/Territorial fora. It is difficult to make linkages

between police and court data. There is no single unit of count

(e.g., incidents, offenses, charges, cases or persons) that is

consistent across the major sectors of the justice system. In

addition, the number and type of charges may change at the

pre-court stage or during the court process. Time lags between the

various stages of the justice process also make

comparisons/linkages difficult.







Provinces and territories face several problems that limit local

groups' abilities to combat human trafficking, including difficulty

in maintaining collaboration between NGOs and local government, the

lack of a lead TIP governmental office in many provinces, and the

drain on police resources to support TIP victims to ensure a strong

trafficking case. Few NGOs are able to assume such a large role.

In Ontario province, the Peel Regional Police Service now refers

many of its trafficking victims to an Ontario NGO that provides

services, ranging from basic hygiene kits to job search and

resettlement assistance.







NGOs cited lack of coordination between federal programs that admit

temporary foreign workers to Canada and provincial government

responsibility for regulating labor standards, arguing this creates

conditions in which labor exploitation and potential labor

trafficking can flourish. Provincial labor standards legislation

regulates the employment of temporary foreign workers, but the

rules of the temporary foreign worker programs are set by the

federal government and are not coordinated with the provinces.







3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS



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A. Canada's criminal laws prohibit trafficking in persons for any

exploitative purpose, regardless of whether the trafficking occurs

wholly within Canada or whether it involves the bringing of persons

into Canada. Criminal laws apply across Canada and therefore

provide a uniform approach to address TIP and related conduct.







There have been no legislative changes to Canada's laws against

trafficking since last year's report. Three TIP-related bills died

upon the prorogation (temporary suspension) of Parliament in

December 2009: Bill C-268, An Act to amend the Criminal Code

(minimum sentence for offenses involving trafficking of persons

under the age of eighteen years); Bill S-223, An Act to amend the

Immigration and Refugee Protection Act and to enact certain other

measures in order to provide assistance and protection to victims

of human trafficking; and, Bill C-45, An Act to amend the

Immigration and Refugee Protection Act







The Criminal Code of Canada contains three specific indictable

offenses to address trafficking in persons:







Section 279.01 criminalizes trafficking in persons by prohibiting

anyone from engaging in specified acts for the purpose of

exploiting or facilitating the exploitation of a person. This

offense carries a maximum penalty of life imprisonment where it

involves kidnapping, aggravated assault or aggravated sexual

assault, or death. A maximum penalty of 14 years applies in all

other cases.







Section 279.04 specifies that a person exploits another person if

s/he causes that person to provide, or offer to provide, labor or a

service by engaging in conduct that, in all the circumstances,

could reasonably be expected to cause the other person to believe

that his/her safety or the safety of a person known to him/her

would be threatened if s/he failed to provide, or offer to provide,

the labor or service. Exploitation is also defined to mean causing

a person, by means of deception or the use or threat of force or of

any other form of coercion, to have an organ or tissue removed.







The second offense, section 279.02, prohibits anyone from receiving

a financial or other material benefit resulting from the commission

of a TIP offence. This offense is punishable by a maximum of ten

years imprisonment.







Finally, section 279.03 prohibits the withholding or destroying of

documents, such as identification or travel documents, for the

purpose of committing or facilitating the commission of a TIP

offence, and carries a maximum penalty of five years' imprisonment.



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These three offenses were enacted in 2005 (Bill C-49, An Act to

amend the Criminal Code (trafficking in persons) S.C. 2005, c. 43).

They supplement previously existing Criminal Code offenses that

also are applicable to TIP cases, including kidnapping, forcible

confinement, uttering threats, extortion, assault, sexual assault,

prostitution-related offenses, and criminal organization offenses.









The Immigration and Refugee Protection Act (IRPA) also includes a

TIP offense that applies to cases involving trafficking of persons

into Canada (s.118). The offense carries a maximum penalty of life

imprisonment and a fine of up to C$1 million (US$ 950,000).







In addition, the Criminal Code contains numerous provisions

targeting those who sexually exploit children or who seek to profit

from such exploitation. Section 212(2) prohibits living on the

avails of the prostitution of a person under the age of 18

(punishment: a maximum of 14 years and a mandatory minimum of 2

years). Section 212(2.1) is an aggravated offense prohibiting the

procuring of a young person into prostitution for profit and the

use of threats or violence (punishment: a maximum of 14 years and a

mandatory minimum of 5 years). Section 212(4) makes it an offense

to obtain or communicate for the purpose of obtaining for

consideration the sexual services of a person who is under 18 years

of age (punishment: a maximum of 5 years and a mandatory minimum of

6 months).







B. The maximum penalty for a person convicted of a trafficking in

persons offense, including trafficking for the purpose of sexual

exploitation under the Criminal Code is life imprisonment, where it

involves kidnapping, aggravated assault or sexual assault, or

death, and a maximum penalty of 14 years in all other cases. The

maximum penalty for a conviction of trafficking in persons under

IRPA is life imprisonment and/or a fine not exceeding C$1 million

(US$950,000).







C. The provisions outlined above apply equally to trafficking for

the purposes of forced labor. The penalties are the same as above.

Provinces and territories have primary responsibility for

enforcement of labor standards, which apply equally to Temporary

Foreign Workers and Canadian workers. Some provinces have, or are

developing, measures to regulate the activities of third party

recruiters.







In Ontario province, the law enforcement system for provincial

labor standards places the onus on workers to report violations.

NGOs claim that the provincial Ministry of Labor is

under-resourced. Currently in Ontario, NGOs estimate processing

backlogs for labor standards violations from six to twelve months



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to open an investigation, and an average of eighteen months to

conclude an investigation, often longer than a temporary foreign

worker remains in Canada.







In December 2009, Ontario enacted the Employment Protection for

Foreign Nationals Act. The main provisions of the law prohibit

recruiters from charging live-in caregivers fees and employers or

recruiters from taking possession of a caregiver's property,

including passports and work permits. The law requires recruiters

and employers to distribute information sheets to caregivers

setting out their rights under Ontario law. Employers or

recruiters who violate the law are subject to fines up to C$50,000

(US$ 47,000) and a year in jail.







D. The penalties for sexual assault offenses are: sexual assault:

a maximum of ten years; sexual assault with a weapon: a maximum of

14 years imprisonment and a mandatory minimum penalty of 4 years

where a firearm is used; and, aggravated sexual assault: a maximum

of life imprisonment and a mandatory minimum penalty of 4 years

where a firearm is used. There are also several child-specific

sexual assault offences, which carry a maximum penalty of 10 years.







E. The CCJS collects annual information on the number of criminal

incidents reported to police, as well as on cases processed through

the courts. The most recent reporting period for police reported

data is 2008, while the most recent court data available is

2006/2007. The CCJS, in co-operation with the policing community,

collects annual police-reported crime statistics through the

Uniform Crime Reporting Survey (UCR2). The UCR2 data includes the

number of criminal incidents of TIP that were detected or recorded

by police within a calendar year. In 2008, the UCR2 survey

indicated that a total of 12 incidents of trafficking in persons

were reported by police across Canada, which includes two victims

under the age of 18.







The IWGTIP reports that there are a number of on-going

investigations with potential international or domestic TIP

elements across Canada. In addition to these on-going

investigations, 29 cases, involving 35 accused, are currently

before the courts with human trafficking charges under section

279.01 and/or 279.03 of the Criminal Code and/or section 118 of

IRPA. All of these, with the exception of one case, involve

allegations of trafficking for sexually exploitation. These cases

involve 36 adult and child victims. Available information further

indicates that the majority of the victims originated from within

Canada.







In the current reporting period, provincial courts convicted two

individuals of trafficking in persons charges (i.e. section 279.01

of the Criminal Code). In Regina (the Crown) v. Emerson in

Gatineau, QuAbec, Laura Emerson pled guilty on April 9, 2009 to

exploiting and living off the proceeds of two women, one of whom



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was underage; she received two concurrent sentences of seven years.

With double credit for time already served, she will serve five

years in prison after conviction. In Regina v. Vilutis in Toronto,

Ontario, Vytautas Vilutis pled guilty on April 16, 2009 to human

trafficking and material benefit from human trafficking; he

received three concurrent two year sentences. With double credit

for time already served, he will serving 13 months in prison after

conviction.





In December 2009, police in Calgary, Alberta made the first arrests

in western Canada under the Canadian federal Protection of Sexually

Exploited Children Act. In one case, police arrested a man who

recruited and trafficked women from inside Canada. In another

case, police allege that the suspect agreed to sell two women to

undercover officers for a total of C$8,000 (US$7,600). One of the

exploited women taken into custody was ordered deported to Hong

Kong for violation of her visa use.







The government recognizes that these statistics do not represent

all trafficking cases in the criminal justice system due to the

challenge of identifying data reported by the police and by the

courts as "trafficking" cases. For example, charges and/or

convictions in human trafficking cases may be laid and/or

prosecuted under trafficking-specific or other non-trafficking

specific offenses, such as kidnapping or aggravated sexual assault.

In addition, the number and type(s) of charges laid and reported by

police may subsequently change (either at the pre-court stage or

during the court process) by the time of conviction.





Provincial and municipal law enforcement agencies may choose not to

file human trafficking charges if another related charge (e.g.,

living off the proceeds of prostitution, sexual assault) could

guarantee a longer period of incarceration.







F. The RCMP provides law enforcement training on trafficking in

persons bi-annually at the RCMP Immigration and Passport

Investigators Course to RCMP personnel as well as officials of

agencies outside of the RCMP, including the U.S. Department of

Homeland Security, CBSA, and foreign and municipal police forces.

This week-long training session includes a full day dedicated to

human trafficking and includes in-depth informative training and

discussion on relevant sections of the Immigration and Refugee

Protection Act and the Criminal Code, training on current

investigative techniques, and identification of potential victims.







In 2009, the RCMP organized a series of human trafficking workshops

involving an integrated training approach for frontline,

investigative, and intelligence officers, border and immigration

officials, and prosecutors. These events include presentations by

the RCMP, Justice Canada, SWC, CBSA, CIC, and PPSC, along with

presentations of TIP case studies from various police services

across Canada and a testimony from a human trafficking survivor.

The training focuses on both domestic and international cases of

human trafficking. Over the reporting period, workshops took place



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in British Columbia, Ontario, Alberta, Saskatchewan, and Quebec

provinces. Approximately 1,200 law enforcement officers, border

services officers, and prosecutors participated in these human

trafficking workshops. In addition, two human trafficking

workshops took place in Quebec province for provincial prosecutors.

Approximately 140 prosecutors attended the workshops and received

information on TIP, including on aboriginal issues to raise

awareness of the victimization of aboriginal women and girls and

the possible link between such vulnerable populations and human

trafficking. In July 2009, the IWGTIP co-chairs and HTNCC made a

presentation to the Assembly of Manitoba Chiefs at the Prevent

Human Trafficking: Stop the Sexual Exploitation of First Nations

Women and Children Forum.







The HTNCC also provides TIP awareness to some RCMP recruits before

they enter the field. During the reporting period, HTNCC members

delivered TIP awareness presentations to: recruits at the RCMP

national academy in Regina, Saskatchewan; law enforcement officers

attending the Canadian Police College Organized Crime course; the

CISC courses and the aboriginal gang course; and, to all law

enforcement officers participating in international peacekeeping

missions in Haiti and Cote d'Ivoire, according to DFAIT.







At the federal level, the HTNCC and HRSDC Labor Program developed

training for HRSDC personnel. At the provincial/territorial level,

the HTNCC and HRSDC developed training for provincial labor

inspectors and other officials, including information about

indicators of human trafficking, industries at risk, and possible

areas of cooperation between federal, provincial, territorial labor

officials, law enforcement, and other implicated parties.







IWGTIP co-chairs presented on trafficking for forced labor to the

federal/ provincial/territorial Labor Ministers to raise awareness

among front line labor inspectors to mitigate the risk for labor

exploitation by migrant workers. There were similar presentations

to federal/ provincial/ territorial labor officials in 2008 and

2009.







The RCMP has six regional Human Trafficking Awareness Coordinators

(HTAC) in strategic locations across the country. Key

responsibilities of the HTACs include developing and maintaining

strong relationships and raising awareness about human trafficking

among various law enforcement agencies, government agencies, NGOs,

youth, and the public in all the provinces and territories. The

HTNCC and the HTACs delivered TIP awareness sessions to

approximately 5,500 law enforcement officers, prosecutors, and

government employees, as well as 4,500 members of civil society.

Since 2008, a total of approximately 26,300 law enforcement,

government and non-governments organizations received training from

either HTNCC members or the HTACs. In addition, the British

Columbia provincial HTAC has provided awareness sessions to 350

firefighters, including indicators of human trafficking to assist

them in recognizing human trafficking when responding to emergency

calls.



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The RCMP developed a human trafficking tool kit that includes

victim assistance guidelines for international and domestic cases

on how to treat victims after identification. The tool kit also

contains anti-trafficking posters in six languages, pamphlets, a

police officer handbook, pocket cards with contact information to

report cases to law enforcement, and a training video. The

training video includes information on domestic and international

TIP for sexual exploitation as well as trafficking for forced

labor, and is for NGOs, law enforcement agencies, and the public.

The material in the tool kits include an anonymous toll-free

tip-line that is administered by the Canadian Crime Stoppers

Association. In early 2009, these tool kits went to approximately

3,000 police services across Canada and are received wide

distribution during workshops and awareness sessions. In addition,

the HTNCC is in the process of developing an investigator's

guidebook for Canadian law enforcement to include additional

information, such as the identification and protection of victims

and useful tips for interviewing TIP victims.



RCMP policy provides guidelines and procedures to follow when

officers are investigating suspected cases of human trafficking.

Immigration officers working in Canada and abroad receive training

on the global problem of TIP, including how to recognize and

interact with a potential TIP victim as well as potential referral

services, in addition to receiving specific training on new

immigration guidelines. To supplement this training, CIC developed

an interactive computer-based training package for electronic

distribution to officers already in the field.





CBSA Migration Integrity Officers (MIOs) also receive specialized

immigration training, including the detection of migrant smuggling

and trafficking in persons, passport and document fraud,

intelligence collection and reporting, identification of

inadmissible persons, and threats to national security. All CBSA

Border Services Officers, through their 13 week Port of Entry

Recruit Training program, receive general TIP-awareness training.

In 2009, CBSA developed a policies and procedures manual on how

officers can detect instances of human trafficking, assist in the

safety and security of victims of human trafficking by referring

them to appropriate government services, and support the

investigation and prosecution of trafficking offenders. CBSA also

published Trafficking in Persons Information Sheets for the public,

CBSA, and RCMP officers.







CBSA officers receive training on the special needs of children who

may have been smuggled or trafficked. CBSA officers at Ports of

Entry receive specialized training under the "Our Missing Children"

program on identifying and assisting missing and abducted children,

including sensitivity training and special procedures in the

conduct of interviews with children.







NGOs report that they are aware of TIP training, and have

encountered TIP public education and awareness materials, but judge

them to be of limited use. NGOs providing support to the



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aboriginal community in particular note that the materials appear

to target care providers and outreach/intake workers only, are not

aboriginal-specific, do not resonate with individuals with poor

reading or literacy skills, and often use culturally insensitive or

culturally irrelevant terminology.







G. Canada has ratified the Convention against Transnational

Organized Crime and its Protocols on migrant smuggling and TIP

(which provide a basis for international cooperation in the absence

of a specific bilateral treaty) and has bilateral and multilateral

treaties dealing wholly or partially with mutual legal assistance.

Canada's Mutual Legal Assistance in Criminal Matters Act is the

legislation that enables Canadian authorities to give effect to

treaty requests to obtain search warrants, evidence gathering

orders, and other warrants available under the Criminal Code on

behalf of a requesting state assuming the legal and evidential

basis for the order exists.



The RCMP participates in a Canada/China working group that provides

ongoing discussions of law enforcement issues, including human

trafficking investigations, between both countries. RCMP

International Liaison Officers are stationed throughout the world

and are responsible for developing and maintaining liaison as well

as exchanging information with foreign officials and international

partners, often in source countries in Asia and Eastern Europe.

The liaison officers share any intelligence gathered abroad with

the HTNCC.





The RCMP is a member of the Interpol Working Group on Trafficking

in Human Beings and attends numerous working group meetings.

During the course of international investigations, law enforcement

agencies cooperate with officials from other countries, either

through the RCMP liaison officers or through international

contacts.







H. The Extradition Act, along with the relevant extradition

agreement, provides the legal framework to extradite persons from

Canada on the request of an extradition partner for the purposes of

prosecuting those persons, imposing a sentence upon them, or

enforcing a sentence imposed on them. Generally, the offense in

respect of which the extradition is requested must be punishable by

imprisonment of at least two years. Canada cooperates with other

countries to extradite individuals in appropriate cases, including

its own nationals, when trafficking offenses are committed abroad.







I. There is no evidence of any government involvement or tolerance

of TIP at any level.







J. There is no evidence of any government involvement or tolerance

of TIP at any level.



OTTAWA 00000208 014 OF 031





K. There are no known cases of Canadian officials deployed abroad

engaging in or facilitating the trafficking of persons. The

Canadian Forces (CF) employ a zero tolerance policy with respect to

exploitation and abuse while deployed on operations. CF expect

members to address issues they may witness in the field, whether it

is to intervene or report. Soldiers found to be party to such

actions themselves would be held to account accordingly. Canada

would investigate and, if necessary, prosecute any such allegation

under Canada's laws.







The Canadian military justice system has jurisdiction to address

disciplinary issues involving CF members who are participating in

operations outside of Canada, even while members of the CF are

involved in a UN or other international operation. In particular,

Part III of the National Defence Act (NDA) -- known as the Code of

Service Discipline (CSD) -- details who is subject to the CSD, and

who is liable to be charged, dealt with, and/or tried for an

alleged service offense, whether the offense takes place in or

outside Canada. The term 'service offence' is defined in the NDA

to include all offenses provided for under the NDA, the Criminal

Code of Canada, and any other Act of Parliament.







In addition to the jurisdiction that exists to deal with service

offenses that are based on the laws of Canada, disciplinary action

under the CSD can address an alleged act or omission committed by

someone subject to the CSD while outside Canada when that act or

omission is an offense under the law in the country where it

occurs. As a consequence, the CF maintains full disciplinary

jurisdiction over CF members who are participating in international

operations to deal not only with alleged service offenses but also

offenses under the law of the country where the operation takes

place.







DND is committed to comprehensive implementation of the North

Atlantic Treaty Organization (NATO) Policy on Combating Trafficking

in Human Beings. This policy represents a political commitment to

prohibit forces and civilian personnel under NATO command from

engaging in human trafficking activities or facilitating them. It

also prescribes that personnel under NATO command will, within

their competence and mandate, support the efforts of responsible

authorities within the host country to combat trafficking in human

beings.







L. Canadian criminal law prohibits all child sexual exploitation,

including Canadians or permanent residents of Canada engaging in

such criminal conduct while abroad ("child sex tourism").

Canadian criminal law treats child sex tourism and trafficking in

persons as distinct offenses.







The Criminal Code of Canada permits the Canadian prosecution of

Canadian citizens or permanent residents who engage in prohibited

sexual activity with children while abroad under Subsection 7



OTTAWA 00000208 015 OF 031





(4.1),including seeking/obtaining the sexual services of any

person under 18 years (juvenile prostitution). Accordingly, when a

Canadian or permanent resident of Canada is alleged to have engaged

in child sex tourism while abroad is not charged/convicted by the

country in which the offense is alleged to have been committed,

Canada can undertake the prosecution.







To date, there have been three Canadian child sex tourism

convictions: an Ontario provincial court convicted Donald Bakker

in June 2005 and sentenced him to 10 years imprisonment; and,

Armand Huard and Denis Rochefort, both of whom were charged in

February 2008 and pled guilty in November 2008 (Huard was sentenced

to 3 years in jail; Rochefort was sentenced to 2 years in prison

and 3 years probation). In addition, between 1997 and 2009

Canadians have been charged with/prosecuted in at least 136 cases

by destination countries for engaging in child molestation.







4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS







A. Victim services and assistance is primarily the responsibility

of provincial/territorial governments. Each of the provinces and

territories has victim services to address the needs of victims.

They may be court-based, police-based, or system-based. The

specific services offered to victims, including those offered in

shelters, vary depending on the location but usually include: the

provision of information; support and referral; short-term

counseling; court preparation and accompaniment; assistance in the

completion of victim impact statements; and, corrections

information. Services are provided to all victims of crime,

although some provinces provide specialized services including

specific child victim witness programs, assistance under provincial

family violence legislation, sexual assault/rape crisis centres,

violence awareness programs for women, partner assault response

programs, services to women and children, and initiatives for

aboriginal victims.





Although law enforcement and shelter personnel are becoming more of

aware of the issue, NGOs complain that there is limited information

available to trafficking victims about their rights under Canadian

anti-trafficking laws. NGOs have difficulty tracking the numbers

of foreign victims, as foreign victims may apply for refugee status

instead of the Temporary Resident Permit.







The provinces and territories are primarily responsible for the

administration and enforcement of laws relating to children and

youth, as well as the provision of socio-legal services geared

towards children. All provinces and territories have child

protection laws and agencies responsible for assisting children in

need focussed on the principle of the best interest of the child.

Where a child is found to be in need of protection - including

against sexual abuse and exploitation - an array of services to

meet the needs of the child may come into play. Where appropriate,

each jurisdiction works collaboratively to assist the other in



OTTAWA 00000208 016 OF 031





meeting and enhancing their policies and programs relating to

children.



At the federal level, CIC and CBSA have programs and policies in

place to assist vulnerable children within their respective

mandates. New guidelines ensure that child victims of trafficking

remain safe, are separated from the control and custody of any

possible trafficker(s),and receive police protection. Children

believed to be victims of trafficking, like adults, can also

receive Temporary Resident Permits and referral to appropriate

provincial and territorial child welfare authorities; they are also

eligible for health care under the Interim Federal Health Program

(IFHP).





Witness protection is provided by both the federal government under

the Witness Protection Program Act (WPPA),as well as by some

provinces that operate legislated (Manitoba and Saskatchewan),

policy-based (Ontario and QuAbec),or operationally structured

(British Columbia) programs. A victim of human trafficking could

be eligible under the terms of either the federal or provincial

programs to receive protection to assist law enforcement and

prosecution.







The federal WPPA program provides the legal framework to protect

persons who are involved in providing assistance to law enforcement

in various matters. This can include persons who are assisting the

RCMP in law enforcement matters or those who are assisting another

law enforcement agency, provided an agreement has been entered into

between the RCMP and that agency. While services for witnesses are

on a case by case basis, protection can include relocation,

accommodation, and change of identity, as well as counseling,

training, and finite financial support necessary to ensure the

security of the person and to facilitate his/her re-establishment

and self-sufficiency. The RCMP administers the Witness Protection

Program. As of January 2010, no victims of human trafficking had

applied for protection under this program.







B. The protection of victims of crime is a shared responsibility

between the federal and provincial/territorial governments.

Numerous programs and services are available to victims of crime in

Canada, including trafficking victims, ranging from health care to

emergency housing and social and legal assistance. Legal aid

programs are administered separately by each province and

territory, and eligibility is based primarily upon financial need.

Similarly, social services such as emergency financial assistance,

including food allowances, and housing are at the provincial and

territorial levels and are available to those in need.







In the province of British Columbia, emergency shelters and other

forms of social housing operate under licenses from the provincial

government. Trafficking victims, regardless of their status in the

country, may have access to such shelters. These facilities are

operated by non-government organizations. For example, on December

1, 2009, the Salvation Army, a non-government organization, opened

a 10-bed facility in Vancouver, British Columbia to provide shelter



OTTAWA 00000208 017 OF 031





to victims of sex trafficking. Women will also receive immediate

medical care, help with addictions, legal issues, refugees services

as well as 24/7 care from staff.







C. The government allocated an additional C$52 million (US$ 49

million) in 2007 to be used through 2011 for programs, services,

and funding to support federal efforts, as well as the provinces

and territories in meeting the needs of victims of crime across the

continuum of the justice system and federal corrections.







Under the Victims Fund, which was established in 2000 at Justice

Canada to encourage the development of new approaches to meet the

needs of crime victims, C$7.75 million (US$ 7.3 million) per year

supports initiatives to increase the confidence of victims of crime

in the criminal justice system, to raise awareness of the needs of

victims of crime, and to facilitate the provision of available

services and assistance among victims and their families.

Provincial and territorial governments and NGOs may apply to the

Victims Fund to develop programs to fill gaps in the delivery of

services to victims. Other forms of support come from the Policy

Centre for Victims Issues at Justice Canada, which commissions

research on victim-related issues, creates and disseminates fact

sheets and other forms of public legal education on victim issues,

and undertakes consultations with NGOs and victims.







The mandate of Canada's Federal Ombudsman for Victims of Crime

(established in April 2007) includes promoting access to existing

federal government programs and services available to victims of

crime, addressing complaints about compliance with the provisions

for victims of crime in the Corrections and Conditional Release

Act, and identifying systemic and emerging issues that impact

negatively on victims. The Ombudsman has identified the sexual

abuse of children and the distribution of child sexual abuse images

as a priority issue.



Foreign nationals who are suspected victims of trafficking may

receive a Temporary Resident Permit (TRP). TRP holders have access

to Canada's Interim Federal Health Program (IFHP),thus ensuring

that they receive immediate medical attention, as required. The

IFHP covers essential and emergency health services for the

treatment and prevention of serious medical conditions and the

treatment of emergency dental conditions. In the case of

trafficking victims, trauma counselling is also included.

Provincial or territorial health coverage becomes available to

persons who have been resident in that jurisdiction. The period of

required residency usually varies from three to six months,

depending on the jurisdiction.







D. In May 2006, Canada strengthened guidelines for immigration

officers to issue short-term, fee-exempt TRPs to trafficking

victims for a period of reflection. This period is designed to

help victims of trafficking escape the influence of their

traffickers, recover from their ordeal, and evaluate their

immigration options. Permit-holders have access to the IFHP, thus



OTTAWA 00000208 018 OF 031





ensuring that they receive the immediate medical attention

required. The IFHP covers essential and emergency health services

for the treatment and prevention of serious medical conditions and

the treatment of emergency dental conditions. In the case of

trafficking victims, trauma counselling is also included. CIC may

renew TRPs.







In 2007, the extension period grew from 120 days to 180 days to

provide further protection to victims of trafficking. Under the

180-day permits, victims are eligible to apply for a fee-exempt

work permit, an option previously unavailable under the 120-day

permit. Long-term TRPs may be up to three years in cases where

circumstances warrant. TRP holders may qualify to remain in Canada

under the permit holder class after three or five years, depending

on individual circumstances.







Victims of trafficking are not required to testify against their

traffickers in order to gain temporary or permanent immigration

status. Canada has undertaken numerous efforts, including through

amendments to criminal laws, to encourage the participation of

victims in supporting the prosecution of alleged offenders

including through the provision of victim support and assistance

and the use of testimonial aids.







In addition to TRP, there are alternate avenues available for

individuals to remain in Canada temporarily or permanently, such as

provisions for humanitarian and compassionate consideration.

Should persons feel that they are at risk of persecution, torture

or cruel and unusual treatment, or punishment upon return to the

country of nationality, they may also make an in-Canada refugee

claim. Individual circumstances differ, and victims' needs receive

evaluation on a case-by-case basis.







E. See response to question B in this section.







F. See response to question H in this section.







G. Given Canada's federal structure, there is no single mechanism

for collecting statistics on the total number of identified TIP

victims. CCJS collects information on incidents reported to

police, charges, and their outcomes. In addition, CIC collects data

on the number of TRP issued to TIP victims. During the reporting

period, 15 foreign nationals received TRPs as victims of

trafficking. The RCMP collects data on TIP cases before the

courts. Twenty-nine victims were identified by law enforcement in

cases in which human trafficking charges were laid during the

reporting period. This number does not include the victims that

were identified during on-going investigations. British Columbia

province has provided 13 trafficked foreign victims with assistance

through government-funded shelters, interpretation, legal, support



OTTAWA 00000208 019 OF 031





and counseling services during the reporting period.







H. Law enforcement agencies train officers in victim

identification and sensitization to the special needs of trafficked

victims. The CBSA policy and procedures manual assists officers

who come into contact with potential victims of human trafficking

by providing detailed information on the identification of victims,

their special needs, and proper referral protocols. When, in the

judgment of the officer, an adequate number of indicators are

present, the officer has the option of referring the possible TIP

victim to CIC for consideration for a TRPt. The guidelines

instruct both CIC and CBSA officers to take action to ensure the

safety of the possible victim and ensure the possible victim is

separated from the control and custody of any possible trafficker,

and to coordinate with partners to ensure the victim will be taken

to a shelter or receive police protection, as appropriate. The

guidelines also include special provision for dealing with child

victims of trafficking.





I. Legislation at the federal and provincial/territorial levels

affirms the rights of all victims of crime receive respectful

treatment and that their views and concerns are an important

consideration in the criminal justice system. The Canadian

Statement of Basic Principles of Justice for Victims of Crime,

endorsed by the federal, provincial and territorial ministers

responsible for criminal justice, outlines the basic principles

that guide the development of policy, programs, and legislation

pertaining to all victims of crime in Canada. The Canadian Charter

of Rights and Freedoms also guarantees the right against arbitrary

detainment, the right to counsel, the right to be informed of the

reasons for arrest or detention, and the presumption of innocence.

Canadian criminal law and charging practices provide flexibility

for dealing with situations involving persons forced to commit

criminal acts as a direct result of trafficking. Canada recognizes

that international best practices indicate that, where possible,

persons should not be charged for criminal acts they were forced to

commit as a direct result of trafficking.







J. Victims are not required to assist with the investigation or

prosecution of alleged traffickers nor are victim access to support

and assistance dependent upon their cooperation or support of an

investigation/prosecution. Nonetheless, the provision of services

and assistance to victims throughout the criminal justice process

enhances victim support for criminal prosecution. Canada's

Criminal Code contains numerous provisions to facilitate a

victim's/witness' participation in a criminal proceeding including







A Section 486.1(1) authorizes the presence of a support

person for a child witness or person with a mental or physical

disability when that person testifies in any proceeding unless the

support person's presence would interfere with the proper

administration of justice;



OTTAWA 00000208 020 OF 031





A Section 486.1(2) authorizes the presence of a support

person for all other witnesses where doing so would be necessary to

obtain a full and candid account from the witness. In determining

whether to permit a support person in this case, the judge/justice

must take into consideration the age of the witness, whether the

witness has a physical/mental disability, the nature of the

offense, the nature of any relationship between the witness and the

accused, and any other circumstances that are considered relevant

by the judge/justice;







A Section 486.2(1) authorizes the giving of testimony

outside of the court room (via closed-circuit television) or behind

a screen or other device by a child witness or a witness who has

difficulty communicating evidence by reason of a mental or physical

disability. Such measures must not interfere with the proper

administration of justice;







A Section 486.2(2) authorizes the giving of testimony

outside the court room (via closed-circuit television) or behind a

screen or other device for all other witnesses if the judge/justice

is of the opinion that it is necessary to obtain a full and candid

account from the witness of the acts complained of. In determining

whether to permit such measures, the judge/justice must take into

consideration the age of the witness, whether the witness has a

physical/mental disability, the nature of the offense, the nature

of any relationship between the witness and the accused, and any

other relevant circumstances; and,







A Sections 714.1-714.4 authorizes a witness to provide

evidence by means of audio or video technology, where deemed

appropriate by the court, from either within Canada or outside

Canada.







Foreign national victims of trafficking who are issued a TRP may

receive a subsequent longer term TRP to allow them to escape the

influence of traffickers, to provide time to decide if they wish to

return home, to assist in the investigation or prosecution of the

trafficker(s),or to allow them to recover from physical or mental

trauma.





While a victim is not required to testify or cooperate in an

investigation to receive a TRP, the issuance of these documents can

facilitate a victim's ability to stay in Canada for purposes of

cooperating with an investigation or prosecution. During the

reporting period, victims assisted in at least 22 TIP cases that

are before the courts. This number does not include victims who are

currently assisting law enforcement during on-going TIP

investigations.



Victims may prepare a victim impact statement describing the harm

done to them and, more generally, the impact the crime has had on

their lives. The statement must be taken into account by the court

when considering the sentence the offender will receive. At the



OTTAWA 00000208 021 OF 031





federal level, the Criminal Code requires the imposition of a

victim fine surcharge in addition to any other sentence ordered for

an offender convicted or discharged of an offense, except in cases

of undue hardship.







In addition, offenders sentenced for trafficking offenses under the

Criminal Code may receive restitution order as part of their

sentences. A judge may order restitution in three instances: to

cover the cost of damage to, the loss of or destruction of the

property of any person as a result of the commission of an offence;

to cover all pecuniary damages, including loss of income or

support, to any person who has suffered bodily or psychological

harm as the result of the commission of an offense; and, to cover

the cost of all actual and reasonable expenses incurred by a member

of the offender's household associated with a person having to move

out of that household to cover temporary housing, food, childcare,

and transportation. Restitution orders require the offender to pay

an amount directly to the victim of the offense to cover the

victim's monetary losses or damage to property caused by the crime.







Civil redress by victims against the perpetrators of crime is a

matter of provincial/territorial responsibility. Provinces and

territories have enacted legislation in their respective

jurisdictions which outline numerous rights for victims of crime

including, in most cases, the right to seek compensation.







K. Canada's embassies and high commissions develop relationships

with civil society and participate in international conferences.

They have drafted consular guidelines for Canadian officers at

missions abroad on the issue of sexual exploitation of children by

Canadians abroad. These guidelines discuss the law concerning

child sex tourism and recommend that the complainant be referred to

the local law enforcement/local Interpol office/RCMP liaison

officer or delegate. Information outlining labor standards and

workers' basic rights in Canada is available in five languages at

Canadian overseas missions and Ports of Entry.







The federal government provided funding to the province of British

Columbia's Office to Combat Trafficking in Person for the

development of curriculum and toolkits for First Responders (those

most likely to be a position to encounter trafficked persons) in

both government and community agencies. This project will be

completed in the fall of 2010.







L. Social programs such as universal health care, emergency

housing, legal aid, or emergency financial assistance are primarily

at the provincial/territorial levels in Canada. Canadian citizens

are entitled to apply for these services as a right, though the

exact eligibility requirements for those services based on

financial need (such as legal aid or social assistance) will vary

from jurisdiction to jurisdiction. None of these services are

linked to the fact that the individual has the status of victim of



OTTAWA 00000208 022 OF 031





crime.







M. Canada has worked with international organizations and civil

society to prevent TIP and promote awareness of the risks

associated with human trafficking, to protect trafficked victims,

and to prosecute traffickers. See Questions 3 (F) and 4 (C) for

services and programs provided domestically and Questions 6 (A) and

6 (B) for international work with other countries, civil society,

and multilateral organizations to address trafficking in persons.







5. (SBU) PREVENTION







A. In January 2008, the government provided new and ongoing

funding of C$6 million (US$5.7 million) per year, in part to fund

the CCSA's national awareness campaign on human trafficking to help

raise public awareness of the potential dangers of human

trafficking and to help the public identify occurrences and to

provide information on where to report suspected cases. The

existing national tip-line is used as a central point for reporting

suspected cases of human trafficking and for obtaining general

information about TIP. Another portion of this money is funding

the RCMP Human Trafficking Regional Coordinators.



SWC supports community and collaborative projects to advance the

equality of women.



In 2009, the HTNCC and regional HTACs conducted awareness sessions

to approximately 4,500 members of civil society across Canada. The

RCMP developed an "I'm not for sale" campaign and the awareness

material relating to this campaign is included in a tool kit. As

part of the campaign, these tool kits have been distributed to

thousands of law enforcement and NGOs. Included in the tool kits

are two type of TIP posters, one for the public and one for

victims. The posters come in six languages, including languages

from source countries, and have been posted in public areas across

the country. The HTNCC is planning to promote the "I'm not for

sale" campaign among the public and youth in 2010.



CIC, in collaboration with HRSDC, distributes information to

temporary foreign workers that indicates where they can seek

assistance on issues related to employment and health and safety

standards. Live-in caregivers also receive information prior to

their arrival in Canada, such as a sample contract and contact

information for provincial/territorial labor standards offices and

live-in caregiver associations. In addition, the government funds

group orientation sessions in Manila to further prepare live-in

caregivers for work in Canada.







Provinces and territories have primary responsibility for

enforcement of labor standards, which apply equally to temporary

foreign workers, Canadian citizens, and permanent residents of

Canada. Alberta has set up two special advisory offices for

temporary foreign workers and established a team of inspectors to

ensure they receive fair treatment in their workplaces. Manitoba



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has introduced legislation to protect temporary foreign workers

from abusive practices by third party recruiters. Ontario has

introduced legislation to protect live-in caregivers from abusive

practices by third party recruiters. British Columbia's Office to

Combat Trafficking in Persons trained over 2,000 individuals in

government, community agencies, universities, and schools in TIP

awareness and information sessions. In June 2009, the Senate

Standing Committee on Human Rights began an examination of child

sexual exploitation in Canada. In 2009, CIC launched a public

awareness campaign to warn about fraudulent activities and

unscrupulous third party recruiters and consultants. CIC is

examining additional ways of combating fraud, and has been

consulting with stakeholders and recent immigrants to gain a better

understanding of the role of third parties, such as consultants and

labor recruiters.







The National Crime Prevention Centre (NCPC) supports prevention of

trafficking in persons from a programming and a policy perspective.

The NCPC funded the development and broad dissemination of a

practical assessment tool entitled "Guidance on Local Safety

Audits: A Compendium of International Practice." This tool

promotes integrated action by relevant stakeholders, identifies the

means to gather a clear picture of crime and victimization in a

given city, specifies key populations and issues that should be

examined, including human trafficking, and guides the development

of an effective prevention strategy. Available in English, French,

Spanish, and German (with three other languages forthcoming),this

tool is included in the United Nations (UN) Global Initiative to

Fight Human Trafficking (GIFT) toolkit. The NCPC has also funded a

number of initiatives for vulnerable populations: street youth,

youth at risk of or involved in gangs, and youth involved with

drugs. They have also developed aboriginal-specific initiatives.







See Question 6 (B) for additional information on Canada's technical

assistance international projects that include prevention and

awareness-raising.





B. Integrated Border Enforcement Teams (IBETs) are designed to

enhance border integrity and security along the shared Canada/U.S.

border by identifying, investigating, and interdicting persons and

organizations that pose a threat to national security or are

engaged in other border-related criminal activity. There are 15

IBET regions with 24 locations along the Canada/U.S. border. The

core IBET agencies are the RCMP, CBSA, the U.S. Bureau of Customs

and Border Protection, the U.S. Bureau of Immigration and Customs

Enforcement, and the U.S. Coast Guard. In addition to these five

core agencies, there are also federal, provincial, territorial,

state, and municipal agencies within IBETs. Co-located

intelligence teams support IBETs and partner agencies by

collecting, analyzing, and disseminating tactical and strategic

intelligence pertaining to cross border crime between Canada and

the U.S. This intelligence is shared with participating agencies

to target international/national/criminal organizations.





The Criminal Visa Screening Unit, as well as the National Security

Screening Unit within the CBSA, gathers intelligence on potential



OTTAWA 00000208 024 OF 031





travelers to Canada from foreign countries for the purpose of

targeting organized crime and human trafficking. The enhanced

criminal screening process along with location visits and on-site

interviews in Canada by the RCMP and CBSA determine the validity of

the travel request, the accuracy of information presented by the

visitor, and any potential organized crime links. Information

gathered is returned to CIC visa officers for determination of visa

issuance.



The RCMP and CBSA completed a regional intelligence probe in 2008

to monitor visa applicants from selected countries to identify

potential organizations involved in TIP. CBSA monitors irregular

migration to Canada and publishes regular intelligence analyses

which identify trends and patterns in irregular migration and

migration-related crime, including trafficking in persons.







CBSA employs a multiple borders strategy and performs a number of

functions to help prevent victims from entering Canada, to deter

trafficking organizations from using Canada as a destination

country or a transit country, and to investigate and support the

prosecution of trafficking offenders. This strategy provides the

opportunity for border officers to identify and intercept high risk

travelers, including potential trafficking victims at each point

along their journey to Canada:







A Migration Integrity Officers (MIOs) work with airline

security and local authorities in 45 countries around the world to

prevent irregular migration, including migrant smuggling, by

interdicting individuals before they arrive in Canada;







A MIOs provide advice and training to airlines regarding

persons who may be attempting to travel without proper

documentation, and assist visa officers in combating visa fraud;







A MIOs work with international law enforcement partners to

detect trends and patterns in irregular migration and collect and

report intelligence information on irregular migration, organized

migration crime rings and the routes and methods they use;







A CIC's visa officers posted abroad also receive training

to be vigilant in identifying possible victims of trafficking when

examining both permanent and temporary applications submitted

abroad;







A CBSA maintains Border Services Officers at 245 Ports of

Entry (highway crossings, airports, and harbors) who examine

foreign nationals seeking entry to Canada to ensure they have

genuine, properly-obtained travel documents, and are entering

Canada for a genuine and lawful purpose; and,



OTTAWA 00000208 025 OF 031





A Enforcement officers receive training to identify

possible victims of trafficking and to refer them to CIC officials.









Canadian immigration visa officers and MIOs at Canadian embassies

and high commissions abroad collaborate in anti-fraud activities to

ensure the integrity of the Canadian migration program. Canada

cooperates with host country police, as well as the immigration and

law enforcement officers of relevant Canadian embassies and high

commissions, in identifying, investigating, and disrupting criminal

organizations involved in document forgery and TIP. Canadian

immigration officers also provide technical assistance to support

anti-TIP collaboration efforts between Canadian embassies/high

commissions and host countries.







C. Canadian federal efforts are under the coordination of the

IWGTIP (see Question 2 (B).)





The National Missing Children Services, as part of the Canadian

Police Centre for Missing and Exploited Children, analyzes all

abduction and runaway missing requests for assistance from Canadian

police to determine if there are any potential linkages to the

trafficking of children. If linkages exist or are suspected, these

files are forwarded to the RCMP HTNCC for further investigation.

The RCMP is a member of the INTERPOL Working Group on Trafficking

in Human Beings. Regular meetings among participating countries

afford an opportunity to share and gather intelligence on new human

trafficking trends globally and share best practices for combating

TIP. RCMP International Liaison Officers are responsible for

developing and maintaining liaison as well as exchanging

information with foreign officials and international partners,

often in Asia and Eastern Europe. The liaison officers are

responsible for sharing foreign intelligence with the HTNCC. The

HTNCC is in the process of completing MOUs with the United

Kingdom's Human Trafficking Coordination Centre and the USG's Human

Smuggling and Trafficking Center to facilitate the exchange of

information.







The HTNCC coordinates anti-trafficking law enforcement efforts as

well as intelligence relating to TIP with a priority to develop

international partnerships to assist Canadian law enforcement with

the international component of TIP investigations. British

Columbia's Office to Combat Trafficking in Persons plays a

coordinating role between and among all federal, provincial,

municipal, and community partners involved in providing protection

to trafficked persons, and prevention of further trafficking of

individuals.







D. Canada does not have a national plan of action to address TIP.

The government focuses on four broad areas -- the 4 "Ps" -- to

combat TIP: prevention; protection of victims; prosecution of



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offenders; and, domestic and international partnerships.







E. Canada's primary measure to reduce the prevalence of incidents

involving the sexual exploitation of women and girls, including

through the sex trade, is continued awareness and victim

identification training of law enforcement officials and

prosecution of offenders. Police services across Canada regularly

conduct investigations into and raids at establishments, such as

brothels, massage parlors, and adult entertainment establishments

where prostitution and/or human trafficking is suspected. Law

enforcement agencies make use of the legislative tools available to

lay charges related to human trafficking or prostitution, where

appropriate. Canada supports a broad range of prevention,

awareness and research to address factors that can contribute to

the demand leading to exploitation of persons. See responses to

Section 3 (L) for a description of the legislative measures

addressing child sex tourism.







F. DFAIT's tourist publication "Bon Voyage, But..." advises

Canadian travellers of the Canadian child sex tourism offense and

that child sexual exploitation is prohibited in the destination

country. DFAIT also provides related information, as appropriate

in its Country Reports, designed for travellers to consult prior to

departure. See Question 4 (K) for description of the Guidelines

for Consular Officers posted abroad. See Question 3 (L) for

information on how Canada's criminal laws address the issue of

child sex tourism and numerous programs and policies that are in

place directly to combat exploitation. These measures are

monitored and enhanced, as appropriate, better to protect children

and others from harm.







The RCMP is the international contact point for investigation and

assignment of files involving Canadian suspects and victims of

Internet-facilitated child sexual exploitation. The RCMP's National

Child Exploitation Coordination Center (NCECC) receives information

through national and international partnerships, Interpol, and

domestic law enforcement agencies, including on individuals

believed to be engaged in sex tourism due to their use of the

Internet in organizing and communicating travel activities as well

as posting/distributing sex abuse images. The NCECC coordinates

intelligence, provides investigational support, and expertise to

enable Canadian law enforcement to investigate these offenses.







G. See response to Section 3 (K) for measures adopted to ensure

that Canadian nationals deployed abroad as part of peacekeeping or

other missions do not engage in or facilitate severe forms of

trafficking or exploit victims.







6. PARTNERSHIPS



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A. See Question 6 (B) outlining international projects with other

governments, civil society and/or multilateral organizations and 5

(A) for more information about the government's partnerships with

the CCSA. See Questions 3 (F) and 4 (C) for initiatives involving

other governments, civil society, and/or multilateral organizations

and Question 6 (B) of other international assistance provided to

other countries, civil society, and multilateral organizations to

address trafficking in persons.







Canada engages bilaterally on the issue of trafficking in persons

with other governments in the context of its security

consultations. TIP was a separate agenda item in bilateral

security consultations with Mexico and Colombia in February and May

2009, respectively. Canada shares best practices and strategies to

combat human trafficking through regional and multilateral

processes such as the United Nations, the Organization of American

States (OAS),the Organization for Security and Co-operation in

Europe, the G8, and the Regional Conference on Migration (RCM).

Canada funded an OAS TIP-related meeting on March 3-4, 2009, with

civil society throughout the Americas to exchange experiences,

ideas, and recommendations on different aspects of human

trafficking.







Within the RCM, Canada participates in its Liaison Officer Network

to Combat Trafficking in Persons and Migrant Smuggling. To combat

TIP, the United States, Mexico, and Canada deliver, at the request

of interested RCM member countries, a course on the detection of

fraudulent travel documentation to immigration and consular

officials. Canada provides an annual update to the RCM's

"Comparative Matrix of Legislation against Trafficking in Persons

and Smuggling of Migrants in RCM Member Countries." Canada is

considering funding a TIP seminar this year in El Salvador through

RCM.







In December 2009, Canada participated in the International

Organization for Migration's Caribbean Regional Seminar:

"Responding to Needs of Trafficked Victims, Migrant Children and

other Vulnerable Groups." CIC delivered a presentation regarding

the protection of TIP victims in Canada and Canada's plans to

combat TIP at the 2010 Olympic and Paralympic Winter Games.







In preparation for the 2010 Winter Games, Justice Canada funded

Vancouver's Information Services for its project "Enhanced

Interpretation Services for Victims of Crime and Human Trafficking

during the 2010 Olympics and Paralympics in Vancouver," which will

help ensure that visitors to British Columbia have access to

information and support. Justice Canada also provided funding for

the Canadian Council for Refugees' National Forum in December 2009

on "Improving Services and Protections for Victims of Trafficking."

Justice Canada and Public Safety Canada are funding British

Columbia's Office to Combat Trafficking in Persons on the project

"Human Trafficking Training Curriculum and Tools for Effective

Response," which entails the development, pilot testing, and

initial delivery of a training curriculum and tool kit on human



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trafficking for first responders in British Columbia.







In 2009, Public Safety Canada established the Contribution Program

to Combat Child Sexual Exploitation and Human Trafficking

(CPCCSEHT) to support projects and initiatives specifically aimed

at combating child sexual exploitation on the Internet and human

trafficking.







SWC funded the Assembly of Manitoba Chiefs to develop an Action

Plan to promote national awareness and prevention strategies to

eliminate the sexual exploitation of First Nations women and

children in Canada.







B. DFAIT provides program support to combat TIP internationally

through the new Anti-Crime Capacity Building Program (ACCBP).

Supporting efforts to combat human trafficking is a specific

priority of the ACCBP, which provides assistance to prevent

trafficking in persons, protect victims, prosecute offenders, and

promote partnerships. ACCBP programming will consist of an annual

contribution of C$8.5 million (US$8 million) in 2009-10 and C$15

million (US$ 14 million) thereafter. Eligible recipients include

foreign states and entities, international organizations,

non-governmental organizations, professional organizations, private

sector representatives, or organizations, including academic and

research institutions, and other implementing bodies such as

Canadian federal entities. Funded activities include promoting

public awareness of trafficking in persons, especially among

vulnerable populations.







The Human Security Program at DFAIT is funding a human trafficking

project with C$257,778 (US$ 244,000) from 2007 to 2010 to

strengthen capacity of Latin American and Caribbean peacekeeping

forces to recognize the crime of trafficking in persons and to

contribute to its prevention on UN peacekeeping missions. The

project addresses the prevention element of anti-trafficking in

persons in the following OAS member states, all of which are

currently contributing to UN peacekeeping missions around the

world: Argentina; Bolivia; Brazil; Chile; Colombia; Dominican

Republic; Ecuador; El Salvador; Guatemala; Honduras; Paraguay;

Peru; and, Uruguay.







The Canadian International Development Agency (CIDA) funded

anti-trafficking projects and programs in China, West Africa,

Central and Eastern Europe, and Southeast Asia, with a core focus

on prevention, protection, and rehabilitation. At the multilateral

level, CIDA provides core funding to UNICEF, UNIFEM, UNDP, UNHCR,

ILO, and the IOM to address issues such as trafficking in persons,

commercial sexual exploitation of women and children, human rights,

gender equality, children's rights and protection, and migration

issues.



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CIDA also supports the Child Protection Partnership in conjunction

with the International Institute for Child Rights and Development

(C$2.85 million - US$2.7 million -- 2008-2011) to improve the

capacity of law enforcement agencies and supporting services to

combat online child exploitation and abuse in developing countries.

In developing countries, online child exploitation is a new and

growing problem that is frequently intertwined with child

trafficking as child vulnerability grows in the context of emerging

economies and increased economic migration.







In East Asia, CIDA supports the Labor Rights: Prevention of Labor

Trafficking Project in partnership with the International Labor

Organization (ILO) (C$4 million - US$3.8 million -- 2009-2012) in

order to contribute to the improvement of labor rights in China

with the goal to reduce trafficking in women and children migrant

workers. The project strengthens provincial action plans against

trafficking, and develops and implements inter-provincial

arrangements for safe migration.







In Eastern Europe, in partnership with the Organization for

Security and Co-operation in Europe (OSCE),CIDA supports the Human

Dimension of Security Project (C$5.1 million - US$ 4.8 million --

2004-2010). Through OSCE programming in the human dimension of

security, it seeks to achieve results in the following key areas:

gender equality; combating trafficking in human beings;

migration/freedom of movement; and human rights.







CIDA also supports a European regional program to combat the

trafficking of human beings, an initiative of the Office for

Democratic Institutions and Human Rights (ODIHR) of the OSCE

(C$2.46 million - US$2.3 million -- 2007-2011),including its

Anti-Trafficking Program across the former Soviet Union and

Southeast Europe. Activities include: supporting the development

of multi-agency anti-trafficking structures through the promotion

of National Referral Mechanisms (NRMs); improving strategies to

identify, protect, and assist trafficked persons, including victims

of sexual and labor exploitation and Roma victims; raising

awareness of and addressing gaps in identification models;

strengthening access to alternative protections available to other

at-risk groups, such as migrant workers; and, strengthening the

access of trafficked persons to justice and rights by monitoring

and raising awareness of rights.







In Southeast Asia, CIDA supports Southeast Asia Regional

Cooperation in Human Development (SEARCH) (C$9.25 million - US$ 8.7

million-- 2004-2010). SEARCH is working with the United Nations

Interagency Program to address the issue of trafficking in the

Greater Mekong Sub-region.







HRSDC supported the International Labor Organization in a technical

assistance project to strengthen government enforcement capacity to



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identify, investigate, and prosecute offences for forced labor and

human trafficking and to support the establishment of an efficient

and regulated recruitment mechanism in Jordan.







The RCMP provided TIP training to local police officers as well as

customs and immigration officers from twelve countries in West

Africa in September and December 2009 in coordination with

INTERPOL, the Netherlands, Denmark, and the United States. In

October 2009, the RCMP provided TIP training to approximately 250

middle managers from the newly created police service in Mexico.



The HTNCC developed TIP training for law enforcement in Asia,

Africa, and Mexico for basic awareness, investigative techniques,

intelligence-led policing, victim management and risk assessment,

partnerships, and international cooperation. In March and November

2009, the RCMP provided TIP and child exploitation training

including combating sex tourism to 80 officers from the Cambodian

National Police attached to the Anti-Trafficking and Juvenile

Protection Unit in coordination with the Canadian Police Chiefs

International Training Agency, the Vancouver Police Department, and

the Toronto Police Service. Following the training, officers in

Siem Riep, Cambodia uncovered two cases of sex tourism/child

exploitation using several techniques learned from the Canadian

police instructors.



7. (SBU) NOMINATION OF HEROES





Joy Smith is one of Canada's leading anti-trafficking activists and

has used her role as an elected federal Member of Parliament since

2004 to raise awareness of human trafficking at the national level.

Mrs. Smith's achievements include passage of a unanimous

(non-binding) private member's motion in Parliament in 2007

condemning trafficking in persons for sexual exploitation and

calling on Canada to adopt a comprehensive national strategy to

combat human trafficking. She continues tirelessly to lobby

federal ministers and fellow legislators to develop, fund, and

enact this national strategy. As Vice-Chair of the House of

Commons Status of Women Committee in 2004, she prompted the

Committee to study and issue a highly regarded report on human

trafficking. She has led the national discussion on trafficking,

resulting in important changes to the Immigration and Refugee

Protection Act to extend temporary resident permits to trafficking

victims. Mrs. Smith currently has a private member's bill (Bill

C-268) in Parliament that would, if passed, impose a five-year

mandatory minimum prison sentence for the trafficking of a minor

under the age of 18 years. Mrs. Smith is an impassioned public

speaker, advocate, and facilitator in the struggle against human

trafficking, frequently appearing as keynote speaker at conferences

and bringing together law enforcement, educators, international

trafficking experts, activists, non-governmental organizations,

aboriginal organizations, and students. She works directly to

support street-level outreach to trafficked women and minors as

well as to mobilize resources to protect women and children from

sexual exploitation. Colleagues throughout the political spectrum

have recognized her central role as a catalyst in raising awareness

of human trafficking at the federal level and in promoting all

party cooperation to combat this crime.



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8. (U) POINT OF CONTACT







The point of contact for the TIP report is Emily S. Fertik at

FertikES@state.gov and (613) 688-5240. Completion of the TIP

report entailed:



n FS-04: approximately 100 hours



n LES-11: 50 hours



n FS-02: two hours



n FE-OC: three hours

JACOBSON