TRAINING AND AWARENESS FOR LAW ENFORCEMENT

Paragraph 2 of Article 10 of the Protocol provides that:

States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.¹

Lack of training and awareness, and the absence of protocols and guidelines for trafficking investigations, have meant that much confusion ensues when police are faced with a potential trafficking victim. This results in difficulty in identifying and therefore being able to protect victims, as well as making it difficult to prosecute, as officers and prosecutors may or may not be aware of how to best lay charges in these circumstances. Sergeant Kelly of the Vancouver Police Department, who was involved in the first charge laid under the trafficking provisions of the Immigration and Refugee Protection Act in April 2005, shared his department’s experience:

[T]he Ng file was very frustrating for the investigators because no protocols or guidelines existed in Canada. Due to the professionalism of all personnel involved in all agencies, we worked through each hurdle and frustration until the victims were returned to China safely.

Many things were learned during the investigation and already some important strides have been made. Currently, several initiatives are being embarked upon to create protocols to ensure that investigators in British Columbia and other areas of Canada do not have to repeat the problems encountered in that file.

[W]ait until the small police department on the Prairies or in Quebec gets the human trafficking victim who phones 911. Then all hell’s going to break loose at about 2 a.m. ²

RECOMMENDATION 21

The Committee recommends that the RCMP collaborate with provincial and municipal police forces to develop a wallet-sized card similar to the one used by the RCMP that sets out how to identify a victim of trafficking as well as a telephone number that can provide officers with immediate information and assistance in the event that they come into contact with a possible trafficking victim.

Witnesses who appeared before the Committee described a number of training and awareness initiatives that were being undertaken. For example, the RCMP is working with the Department of Justice to do training with law enforcement officers, starting in Ottawa. The RCMP also conducts an immigration and passport investigators course twice a year which includes one day of trafficking training. RCMP officers also study the Immigration and Refugee Protection Act, and human trafficking has been added as part of that course of study.

Training efforts are also being made at the local and provincial levels. For example, Detective Sergeant Kim Scanlan from the Toronto Police Service indicated that they were working with their police college to ensure that trafficking in persons was included in the curriculum. The Toronto Police Service had also agreed to host training sessions for members and for social service agencies, and a one day awareness session was being planned in conjunction with the RCMP, the CBSA and the Toronto Police Service.

The International Organization for Migration also described some of their training initiatives and their participation in Canadian training, which has involved Canadian immigration officers, border officials, police, prosecutors, and police advisors within government.

Despite these initiatives, the Committee received the message that they were too few in number and did not reach all of those who were involved in law enforcement. In British Columbia, for example, there are only two police officers throughout the entire province available to give presentations on trafficking to law enforcement and to NGOS. As a result, they are not able to accept all requests to appear. There is the same lack of trained personnel available to provide awareness in the immigration and passport sections: while there are six immigration and passport sections in Canada, there are fewer than six officers dedicated to trafficking awareness.

RECOMMENDATION 22

The Committee recommends that the Canadian Police College create a course on trafficking in persons for students to be implemented in 2007 or 2008. The course must include material that emphasizes the need for collaboration with community agencies that have potential contact with victims of trafficking as well as materials to sensitize police to the circumstances of immigrant women.

Witnesses also emphasized that there was a lack of awareness in the law enforcement community with respect to the new Criminal Code trafficking in persons provisions contained in Bill C-49 (S.C. 2005, C. 43). Mr. Dandurand from the International Centre for Criminal Law Reform & Criminal Justice Policy stated that he had not seen any systematic approach to implementing Bill C-49, and Sergeant Kelly noted that “while all police departments are familiar with sex crimes… [t]hey’re just not aware of our new laws. They’re not aware of how to investigate. They’re not aware of how to handle the file.”³ Detective Sergeant Monchamp of the Montreal Police Service confirmed that, due to lack of knowledge relating to the Criminal Code amendments, they were not used at all.⁴

Part of the lack of knowledge relating to the amendments is due to the fact that no one has yet been charged under the section. Sergeant Kelly indicated that they were attempting to bring a charge forward, but were having difficulty with Crown counsel in pursuing the charge, which may indicate that there is also a lack of understanding on the part of Crown counsel with respect to the sections of the Criminal Code relating to trafficking in persons.

RECOMMENDATION 23

The Committee recommends that the Canadian Police College or the RCMP create a position that is specifically designed to liaise with police forces across the country for the purpose of keeping them
up-to-date with respect to any changes in the law relating to trafficking in persons as well as sharing best practices on enforcement methods.

Witnesses stressed that the federal government needs to encourage conferences and seminars to enable the sharing of best practices, which should be multi-jurisdictional and include police, crown attorneys, judges and NGOs. This would also allow for the sharing of the still limited expertise on the subject. The importance of training not just law enforcement officers but others who may also come into contact with trafficking victims was emphasized by Ms. Tie from the National Association of Women and the Law:

There has to be training and sensitivity for front-line workers who come in direct contact with women who are or could be trafficked; that means police, immigration officials, immigration settlement workers, shelters, and women’s groups. In particular, police and enforcement officers with Immigration need to be trained to view trafficking victims from a human rights and gender perspective and not from an enforcement perspective. They need to be aware of potential community links and legal resources, and they need to consider designating specifically trained immigration officers, hopefully women, who have the skills, training, and sensitivity to deal with trafficking cases. ⁵

Increased training and awareness of some of the root causes of trafficking, such as poverty and gender inequality, could also lead to an increase in the likelihood that affected individuals would report their victimization to police, and decrease the likelihood that women would be criminalized for activities that they may mistakenly be believed to be consenting to. Irene Soltys from Help Us Help the Children stated that:

[There are] biases towards towards trafficked women. I don’t want to single out the police force, but I believe it’s mostly composed of men. They need to look at trafficked women not as hookers or streetwalkers; they need to acknowledge the fact that these women have been enslaved and shouldn’t be confused with criminals. This can only happen through education anywhere that we can accomplish it.⁶

The Committee heard from many witnesses that both victims and the organizations that might come into contact with victims may be reluctant to report the activity to police out of fear of detainment or deportation. This is a significant barrier, considering that multiple witnesses, including law enforcement, told the Committee that NGOs often had first contact with victims and were critical to providing services. As Detective Constable Michelle Holm of the Vancouver Police Department told the Committee:

[Victim services groups are] sensitive to the needs of the trafficked victim and… must have the language skills available to address those needs. Using these groups in this way would assist the police to concentrate on the very complicated and time-consuming investigation that often awaits them.⁷

Sergeant Kelly provided the Committee with a concrete example of how NGOs have assisted his work:

We finally located one NGO in the Lower Mainland to deal with the two victims that we have in a case that’s before the courts now. They were a godsend. Without their assistance, we wouldn’t have known what to do.

There were times in the course of the file when we wondered where we were going to send the people, outside of considering someone taking them home. I had one detective who was going to take one of the victims home for Christmas, if you can believe it, because we just didn’t think she should be housed in isolation for so long, because it took so long to get it to go to court. So yes, NGOs play a very important role.⁸

This testimony demonstrates the need for law enforcement agencies to develop relationships with service providers.

RECOMMENDATION 24

The Committee recommends that the federal government, through the Canadian Police College, provide training and materials to strengthen the relationships between police and the service providers who assist victims of trafficking so that these victims are more likely to seek assistance and protection from police.

In addition to improving relationships with service providers to improve victim protection, law enforcement agencies also need to improve their relationships with Aboriginal communities. There is often a heightened distrust of police by Aboriginal persons, which may make Aboriginal victims even more reluctant than others to seek help from police. There have been documented cases of racism towards Aboriginal people on the part of police, and racism has been pointed to as one of the reasons there has been minimal investigation in some cases into the disappearance of Aboriginal women.

To improve relationships with police and Aboriginal women, which may lead to an increased likelihood of reporting violence and trafficking to police, Ms. Wolski suggested that greater sensitivity training and education with respect to the history that has led many Aboriginal individuals to become marginalized members of Canadian society is needed in police colleges. One component of that education would involve examining the relationship between Aboriginal peoples and the RCMP from a historical perspective. In addition to training for current recruits, there should be “refresher” courses for existing police officers.

RECOMMENDATION 25

The Committee recommends that the federal government, through the Canadian Police College and in consultation with Aboriginal peoples, provide training to increase sensitivity to the marginalization of Aboriginal peoples in Canada in order to improve relationships between police and Aboriginal peoples so that Aboriginal victims of trafficking are more likely to seek assistance and protection from police.

VICTIM SERVICES AND PROGRAMS

Witnesses appeared to be in agreement that a key issue that needed to be addressed with respect to Canada’s approach to trafficking is the protection of victims. As witnesses pointed out, protecting victims is in keeping with the Protocol to which Canada is a signatory. The Protocol recommends that:

Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of:

(a) Appropriate housing;

(b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand;

(c) Medical, psychological and material assistance; and

(d) Employment, educational and training opportunities.⁹

One witness suggested that Canada has failed to incorporate the protection aspects of the Protocol into Canadian law.¹⁰

In addition to respecting basic human rights, protection of victims is crucial to prosecuting traffickers, as securing convictions without victim testimony would be very difficult, if not impossible. The Committee was told that victims are unlikely to identify themselves to law enforcement if they do not believe that they will be protected. As Danielle Strickland from the Salvation Army told the Committee,

If we provide adequate care and provision for those traffic victims, I believe we can free some of them enough that they would begin to share some of the secrets of the trade, which would benefit us in combating sexual trafficking more than we could ever imagine.¹¹

RECOMMENDATION 26

The Committee recommends that the federal government establish, fund and promote a 1-800 number that can be used both by NGOS to get more information and for victims of trafficking in persons who may be reluctant to contact police to get information about resources they can turn to for help.

The Committee heard that determining what was involved in protecting victims was problematic. Shauna Paull from the Global Alliance Against Traffic in Women Canada pointed out a number of issues that needed to be considered:

What does protection entail? Who decides what constitutes protection? Will the enforcement community decide? Will NGOs decide? Will trafficked persons themselves decide? How much space is there for trafficked persons’ voices in setting the agenda and determining what protection means for them and their futures? Why is it that protection and the prosecution of the trafficker are so often coupled? Is it possible to delink protection from prosecution in the name of truly humanizing this experience? ¹²

These questions need to be borne in mind by all levels of government when considering how to address the concerns and needs of trafficking victims.

While the concern was raised with respect to what protection entails and who makes decisions relating to victim protection, there was consensus that services that were to be provided needed to be culturally appropriate, sensitive to the needs of women who have been sexually exploited, and available in the victim’s language. All witnesses agreed that securing funding for these services was of paramount importance.

Witnesses indicated that one of victims’ primary needs was housing. There was a general lack of availability of shelters, and spaces in shelters that were available were not necessarily suitable as they may not offer the protection victims required, nor would they have the support services required by traumatized victims. One witness suggested that it would be appropriate to have victims sheltered under the federal witness protection program; however, that program does not currently include trafficking victims.¹³

RECOMMENDATION 27

The Committee recommends that the federal government amend its policy with respect to the witness protection program so that victims of trafficking are allowed to participate in the witness protection program. The Committee also recommends that other jurisdictions consider expanding their witness protection programs to include trafficking victims.

Housing was also identified as the primary challenge faced by those involved in investigating trafficking:

There seems to be no plan and/or protocol in place to provide immediate assistance to the victims of human trafficking. Shelters are available, but this would have to be on a short-term basis, and if there are issues of security, the shelters would have to be made aware of this, and most would decline to provide assistance. There are also serious liability issues from all those concerned.¹⁴

Sergeant Detective Monchamp relayed the story of a particular police investigation relating to a woman who had been sexually exploited by a biker gang. Following the police investigation, she was without resources, without family and without shelter. Police had made inquiries relating to shelter possibilities, but because she had a drug addiction and posed a risk due to the people she had associated with, they were unable to find a place for her.¹⁵ She had nowhere to go.

Witnesses also stressed the need for programs and services for victims to include training and life skills components. Since the Committee is aware that many women may have ended up as trafficking victims as a result of their impoverished circumstances, women need to be provided with skills that will enable them to be economically independent. As Sergeant Lowe of the RCMP told the Committee,

[T]he biggest problem is that women need money, and they’re going to do what they can to get it. Being self-sufficient, getting job training, getting extra schooling…anything like that would be beneficial, just to get them on their feet and proud of themselves for what they’re doing.¹⁶

Such training will help to counter the inequality that leads victims into trafficking in the first place.¹⁷

With that in mind, and in keeping with Canada’s commitment under the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,

RECOMMENDATION 28

The Committee recommends that, in consultation with provinces and territories, the federal government create immediate funding for services for trafficking victims, including safe interim housing, access to counselling and legal advice, and supportive social services.

THE TEMPORARY RESIDENT PERMIT (TRP)

Paragraph 1 of Article 7 of the Protocol provides that:

[E]ach State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.¹⁸

A.        Background

Almost all witnesses who appeared before the Committee discussed the establishment of a specific Temporary Resident Permit (TRP) for victims of trafficking in May 2006, which allows victims to stay in Canada for up to 120 days. The authority to issue TRPs is found in subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), and according to Citizenship and Immigration Canada’s Inland Processing Manual IP1, which provides policy and procedural guidelines to CIC staff on TRPs, TRPs are to be used in cases where there are “compelling reasons…to allow a person who does not meet the requirements of the Act to enter or remain in Canada.”¹⁹ Officers may issue a TRP if “the need to enter or remain in Canada is compelling and sufficient to overcome the risk; and the risk to Canadians or Canadian society is minimal and the need for the presence in Canada outweighs the risk.”²⁰ Generally, TRPs are valid for one to three years, and they can be extended or cancelled by an officer.²¹ They allow applications for work or study permits and may give access to health or other social services.²²

The short-term TRP that, since May 2006, can be issued for trafficking victims is authorized under subsection 24(3) of the IRPA. The ministerial instructions regarding the issuance of temporary resident permits to victims of human trafficking²³ indicate that an officer who is conducting an assessment to determine if a foreign national is a victim of trafficking is justified in issuing the short-term permit “in cases where the officer is only able to make a preliminary assessment that the individual may be a victim of trafficking in persons.”²⁴ As the Committee heard from Brian Grant from Citizenship and Immigration Canada (CIC), the TRP for trafficking victims is “designed to help victims escape the influence of their traffickers, to identify the need for protection at that point and to begin to recover from their ordeal.”²⁵ While acknowledging that the TRP for trafficking victims is not a complete response to trafficking and related issues, Mr. Grant noted that it was a very important step:

We remove one source of anxiety from the victims and we remove one source of potential continuing victimization. They will not be removed from the country and they cannot be threatened with removal from the country.²⁶

The TRP processing fee is waived for victims of trafficking, and during the TRP period, victims have access to the interim federal health program. Another positive feature of the TRP for trafficking victims is that in Canada, unlike other countries that have introduced measures to allow victims to remain in the country on a temporary basis, a victim is not required to assist authorities in investigations relating to the trafficker.

If it is determined to be in the best interests of the victim and Canada for the victim to remain in Canada beyond the 120 days, CIC immigration officers can issue a longer term TRP or a subsequent resident permit.²⁷ In considering whether a longer term TRP or a subsequent TRP should be issued where the officer’s investigation suggests that there are reasonable grounds to believe that the individual is a victim of trafficking, the ministerial instructions indicate that the following factors should be considered:

• Whether it is reasonably safe and possible for the victims to return to and to re-establish a life in the country of origin or last permanent residence.



• Whether the victims are needed, and willing, to assist authorities in an investigation and/or in criminal proceedings of a trafficking offence.



• Any other factor that in the opinion of the officer justifies, in the circumstances, issuing a temporary resident permit.²⁸

Victims can also apply for permanent residence under humanitarian and compassionate grounds²⁹, or they can apply as a refugee.

Mr. Grant advised the Committee that as of the date of his appearance, five trafficking TRPs had been offered, but only one individual accepted the TRP. In the other cases, the victims chose to return home. He indicated that CIC had not been informed that any applications for TRPs by trafficking victims had been refused, and noted that “[CIC is] watching the implementation of this very closely and we’ve asked all immigration offices to refer every case of a potential victim to headquarters so that we can track anyone who’s coming through.”³⁰ He also stated that instructions given to immigration officers were to issue the permit “[i]f there is any question that a person is a victim.”³¹

RECOMMENDATION 29

Considering the fragile state and extreme vulnerability of victims of trafficking, the Committee recommends that Citizenship and Immigration Canada ensure that all of its officers who may come into contact with a victim and who may subsequently be involved in issuing a TRP have received specialized training that ensures that the victim will be treated with the sensitivity and compassion that the situation requires, and to ensure that the victims are not detained and made to feel like they are criminals.

B.        Problems relating to the TRP

Witnesses who appeared before the Committee were critical of the trafficking victims’ TRP for a number of reasons, including:

[T]he TRP is too short, and does not provide sufficient time to enable a victim to recover;³²

[T]he TRP provides nothing beyond interim federal help;³³

[T]he TRP provides no eligibility for work;³⁴

[W]omen who have made applications “were scrutinized and interrogated for hours…in the same way that victims of domestic violence used to be asked, if you knew something was wrong, why did you not leave?”;³⁵

[I]f police officers conclude that someone is a victim of trafficking, the individual is directed to her embassy, and in at least once case, the victim was then exploited by her embassy;³⁶ and

[P]roviding the victim with housing is not part of the TRP.³⁷

Deborah Isaacs expressed the frustration that NGOS were not consulted before the TRP guidelines were issued. In addition to problems with the TRP itself, a number of witnesses pointed out that there appeared to have been poor communication from CIC to the community with respect to basic information about the permit, such as what it entails, who is eligible for it, and how to apply for it. For example, the Committee heard from Danielle Strickland that

[O]n the ground level…it’s virtually impossible to find anyone who knows the TRP guidelines or how to go about applying for this permit. Literally, basic questions like how I apply, what’s covered, and who do I contact cannot be answered. And anyone I have found with the expertise, which is one person in all of Vancouver so far, recommends not using the TRP because of its inherent lack of provision.³⁸

Jean Bellefeuille from the Comité d’action contre le trafic humain interne et international (CATHII) also noted that it is not clearly explained to victims that accepting the permit did not mean that they were then required to testify.³⁹

Detective Sergeant Michel Hamel confirmed that in Toronto, the process of implementing the permit was not very clearly explained.⁴⁰ Ms. Tie also raised a number of questions with respect to the permit:

We need to know specifically how is the department defining real victims of trafficking. What does that mean? Does it include women who are in forced bondage, even if they may have thought they were consenting in the first place?

[W]e need to ask clearly how widely-known the availability of the visa is. We need to know whether women are specifically counselled when they are rounded up by the police. Have the police received adequate training on the availability? What strings are attached to the visa?...we need to know what other supports are being provided with the visa to assist the women… [and we also need to know] what the provisions for long-term protection are for those women .⁴¹

Ms. Tie also refuted the idea that victims would be able to successfully apply either for refugee status or for permanent status under humanitarian and compassionate grounds as had been suggested by Mr. Grant. With respect to refugee status, she pointed out that claims might not be available to trafficked women because, once a removal order has been made, you can no longer access the refugee division. With respect to humanitarian and compassionate grounds, Ms. Tie noted that the applications can take three years to be processed. She also noted that

[T]here are fees adhering to H and C applications that are beyond the resources of these women in many cases. The women would rarely qualify under the H and C criteria, sometimes for reasons related directly to their being trafficked, such as involvement in criminal activities, willingly or unwillingly, or inability to establish oneself within Canada if one has low skills. There is no access to legal advice for many of these types of applications. ⁴²

[Y]ou have no protection. So your three-month visa runs out and you still don’t have your H and C application processed. What happens? Are you removed? There’s no stay available. The Federal Court will not issue stays in most cases, and you can’t get to the Federal Court without legal access to counsel.⁴³

With respect to the need for the TRP to include a work permit, Sue Wilson from the Office of Systemic Justice provided the Committee with a stark example of why victims need to be permitted to work:

Without [an] open work permit it’s impossible to remove oneself from exploitation…[w]hen [the one woman who has received the TRP] told the CIC officer that she needed to work, he told her that his only option was to renew her exotic dancing visa, an option that left her extremely vulnerable to continued exploitation.⁴⁴

RECOMMENDATION 30

The Committee recommends that the federal government review the TRP process for victims of trafficking in persons and establish a mechanism other than through humanitarian and compassionate grounds or seeking refugee status through which confirmed victims of trafficking can seek more permanent status in Canada. In its review of the TRP for victims of trafficking, the federal government should:

• increase the length of the initial TRP to 180 days;
• amend the TRP to provide victims with the ability to work; and
• ensure that the TRP provides that a victims basic needs will be met during the 180 day period. These needs include, but are not limited to, housing, and access to health and social services.

Finally, Mr. Dandurand cautioned that, while it may be desirable to establish a means through which victims of trafficking can access permanent resident status in Canada, authorities would need to be vigilant in its application:

A mechanism has to be found to enable us to know whether such people are actually victims or not. If we open the doors wide and say that anyone who declares herself a victim is welcome in Canada, there will be a flood of people wanting to immigrate illegally to Canada who will declare themselves victims. We have to be careful because it could actually work against victims.⁴⁵

DETENTION OF TRAFFICKING VICTIMS

The Committee emphasizes that prosecution must focus solely on prosecuting the traffickers, not criminalizing the victims. Throughout all stages of prosecution, the victims involved must be treated as victims, regardless of whether or not they feel sufficiently secure and supported to participate in the prosecution of individuals responsible for their victimization.

During her appearance before the Committee, Shauna Paull from the Global Alliance Against Traffic in Women Canada noted:

To date, laws to address human trafficking in Canada remain largely unresponsive to the protection of the human rights of trafficked persons. The Immigration and Refugee Protection Act contains within it measures for more vigilant border surveillance, penalties for punishing smugglers and traffickers, and enhanced powers of detention and deportation. Within the [Regulation], in paragraph 245(f), for example, immigration officers are directed to detain those who may be involved with traffickers. This implicit contradiction between values of protection and what appears to be a direction toward protective detention reveals the privileging of prosecution over protection of trafficked persons.⁴⁶

As noted in the introduction to the report, the Committee recognizes that the prevention of human trafficking and the prosecution of traffickers require better protection for trafficking victims.

RECOMMENDATION 31

The Committee recommends that the federal government review and amend section 245(f) of the Immigration and Refugee Protection Regulations to eliminate a victim having been under the control or influence of traffickers as a factor indicating that the victim is more likely to require detention.

Law enforcement and prosecution must also be aware that criminal prosecutions may increase the vulnerability of trafficking victims. As Ms. Tie told the Committee,

[I]n many of the instances [victims] are working in sex trade industries, and the criminal nature of the organizations that control the industries themselves put the…[victims] at greater risk...the traffickers themselves use the threat of exposure, either criminal or immigration exposure, as a means to enforce the control over their victims…ironically, the greater control and enforcement mechanisms, the greater the prosecutions, the harder it is going to be to protect the victims themselves.⁴⁷