Trafficking

2014 Protocol to the Forced Labour Convention

Resolution number
5
Whereas
  1. The General Conference of the International Labour Organization (ILO) adopted a new protocol to the Forced Labour Convention in June 2014 in order to address gaps in the implementation of the Convention, and to protect vulnerable workers from abuse;
  2. Canadian labour laws fail to adequately protect migrant workers, leaving them at risk of abuse, conditions of forced or compulsory labour, exploitation and human trafficking; this is a growing yet preventable problem;
Therefore be it resolved

that the CCR call upon the government of Canada to ratify the 2014 Protocol to the Forced Labour Convention, and to implement all of its provisions.

Trafficking in women

Resolution number
24
Whereas
  1. Canada has made an international commitment to combat trafficking in women and children and to extend protection to the victims of trafficking through the protocol on trafficking in persons;
  2. Canada and Canadians are complicit in perpetuating trafficking in women and children as a receiving country and as customers;
  3. Some women and children may be eligible for refugee status but others do not obviously qualify because the human rights abuses have occurred in Canada, not the country of origin;
Therefore be it resolved

That the CCR call on the Canadian government to offer protection to the women and children who have suffered human rights violations as a result of trafficking, through access to permanent residence, not depending on cooperation with law enforcement officials.

Working Group
Subject

Trafficking in women

Resolution number
1
Whereas
  1. Victims of trafficking in Canada are in need of services including advocacy;
  2. CCR member organizations are not necessarily sensitized and responsive to these needs;
Therefore be it resolved

That the CCR call on its members to sensitize themselves to trafficking issues and consider adapting their services or their mandates, as appropriate, to respond to the needs of those who have been trafficked.

Subject

Trafficking in women and children - urgent protection

Resolution number
20
Whereas
  1. The CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically;
  2. The Conference identified urgent protection for trafficked women and children as a key priority;
Therefore be it resolved

That the CCR:

  1. Request CIC to develop an immediate protection mechanism leading to permanent residence in Canada to protect trafficked women and children and that the necessary resources and support structures be put in place to sustain the program.
  2. Urge that the Urgent Protection Program be expanded to include trafficked persons and that their immediate family grouping be kept intact since family members left behind may be at risk.
Working Group

Trafficking in persons - access to legal status

Resolution number
19
Whereas
  1. Canada is a party to the Palermo Protocol;
  2. CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically.
  3. It was identified that a serious barrier exists for trafficked persons, in particular women and children, seeking assistance due to lack of access to legal status in Canada;
Therefore be it resolved

That the CCR:

  1. Call on the Government of Canada to expand the definition of protected persons to include trafficked persons.
  2. Call on the Minister of Citizenship and Immigration to urgently develop a regulatory class.
  3. Call on CIC to give trafficked persons special consideration under H&C, and to accompany this with a regulatory stay.
  4. Insist that these measures not be tied to providing testimony and not be punitive.
  5. Call on CIC to give trafficked persons access to Interim Federal Health (IFH) benefits, work permits and legal aid.
  6. Call on the IRB to address the special circumstances of trafficked persons in the gender guidelines.
  7. Call on the federal and provincial governments to ensure that separated children have guardians assigned to them.
Working Group
Subject

Continued work on trafficking

Resolution number
4
Whereas
  1. CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically.
  2. The Conference identified data collection, education and awareness-raising as key priorities.
Therefore be it resolved

That the CCR:

  1. Urge Canadian Heritage/Status of Women Canada to support the implementation and the recommendations from the National Conference on Trafficked Women and Children.
  2. Urge to the Federal Inter-Departmental Working Group to include CCR in the discussions on trafficked persons.
Subject

Definition of “Trafficked Person” in Canada

Resolution number
2
Whereas
  1. Canada is a party to the United Nations Convention on Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons;
  2. The Protocol includes an internationally agreed definition of trafficking in persons;
  3. The definition in existing Canadian law relating to the offence of trafficking in persons (in the Immigration and Refugee Protection Act and in the Criminal Code) is not as broad as the internationally agreed definition;
  4. More particularly, the definition of “exploitation” in the Criminal Code requires that the trafficked person be afraid for their safety or the safety of someone known to them;
  5. Trafficked persons may not feel or demonstrate subjective fear as required by the Criminal Code;
Therefore be it resolved

That the CCR:

  1. Formally adopt the international definition of trafficking in persons from the Protocol to Prevent, Suppress and Punish Trafficking in Persons;
  2. Urge the government of Canada to meet its obligations under the Protocol by ensuring that its law and procedures fully reflect the internationally agreed definition;
  3. Urge the government of Canada, in particular, to amend the Criminal Code to remove the requirement of subjective fear on the part of the trafficked person as a proxy for the motivation of the trafficker.
Subject

Best practices for service delivery to trafficked persons

Resolution number
1
Whereas
  1. Canada is a party to the United Nations Convention on Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons;
  1. The Protocol includes assistance to and protection of trafficked persons;
  1. The federal government has a responsibility for immigration and settlement;
Therefore be it resolved

That the CCR urge the government of Canada to initiate a national strategy for the coordination and implementation of best practices in services to persons trafficked into and within Canada, including all federally funded settlement services.

Resolution also approved by Inland Protection

Subject