THE SITUATION OF TRAFFICKING IN CANADA ACCORDING TO
THE US REPORT ON TRAFFICKING IN PERSONS

The annual human trafficking report released by the US Department of State includes those countries determined to be countries of origin, transit, or destination for a significant number of victims of severe forms of trafficking.

The Department of State placed each of the countries included in the Report into one of the four lists, described as tiers. This placement is based on governments’ efforts to combat trafficking. The report first evaluates whether governments fully comply with the Trafficking Victims Protection Reauthorization Act’s (TVPRA) minimum standards for the elimination of trafficking. Governments that do so are placed in Tier 1. For other governments, the report discusses whether their governments made significant efforts to bring themselves into compliance. Those countries making significant efforts are placed in Tier 2. The Tier 2 Special Watch list includes countries where the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; or there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or the determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year. Finally, those countries whose governments do not fully comply with the minimum standards and are not making significant efforts to bring themselves into compliance are placed in Tier 3.

The "minimum standards for the elimination of trafficking" are summarised as follows:
Governments should:

• prohibit trafficking and punish acts of trafficking;
• prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault, for the knowing commission of trafficking in some of its most reprehensible forms (trafficking for sexual purposes, involving rape or kidnapping, or that causes a death);
• prescribe punishment that is sufficiently stringent to deter and that adequately reflects the offense’s heinous nature for the knowing commission of any act of trafficking;
• make serious and sustained efforts to eliminate trafficking.

The report includes country narratives that are organised by region and describe the scope and nature of the trafficking problem in the country, the reasons for including the country in the report, and the government’s efforts to combat trafficking. The narrative also contains an assessment of the government’s compliance with minimum standards, and includes suggestions for actions to combat trafficking. The remainder of the country narrative describes the government’s efforts to enforce laws against trafficking, protect victims, and prevent trafficking, and explains the basis for rating the country as Tier 1, Tier 2, the Tier 2 Special Watch List, or Tier 3.

The US government’s 2003 report on Trafficking in Persons placed Canada in Tier 2. This means that, in the view of the US, during the 2002-2003 period, the Canadian government did not fully comply with minimum standards in the prevention of trafficking but made significant efforts to bring themselves into compliance with those standards. In fact, the 2004 report placed Canada in Tier 1, as the following excerpt indicates.

Country narrative for Canada in the 2004 Report (Tier 1)
Source : http://www.state.gov/g/tip/rls/tiprpt/2004/33198.htm

Canada is primarily a destination and transit country for women trafficked for the purposes of sexual exploitation from China, South Korea, Thailand, Cambodia, the Philippines, Latin America, Russia, and Eastern Europe. To a lesser extent, men, women and children are trafficked for forced labor, and Canadian citizens are trafficked internally for the sex trade. Most transiting victims are bound for the U.S. In a recent criminal intelligence assessment, the Royal Canadian Mounted Police (RCMP) estimates that 800 persons are trafficked into Canada annually and that an additional 1,500-2,200 persons are trafficked through Canada into the U.S. Some observers believe these numbers significantly understate the problem.

The Government of Canada fully complies with the minimum standards for the elimination of trafficking. The government’s Interdepartmental Working Group coordinates and reports on the effectiveness of the national anti-trafficking policy. Senior government officials are speaking out more often, and more resources are being devoted to border control; a new RCMP anti-trafficking taskforce is also being created. For these reasons, Canada has been reclassified from Tier 2 to Tier 1.

Prosecution
The Government of Canada made impressive gains in prosecuting traffickers in 2003, as its law enforcement statistics demonstrate. Canada has prosecuted traffickers in the context of general law enforcement efforts, but is now starting to implement a specific anti-trafficking law enforcement strategy. The overall results are solid, even though Canada’s federal system and diversity of criminal codes complicate data collection. Reviewing national statistics, Canada’s Justice Department reported that at least 40 traffickers were prosecuted in the reporting period. So far 16 defendants have been convicted; sentences range from one to seven years. Other cases are still in the courts.

Protection
Canadian social service agencies offer assistance to trafficking victims who have Canadian citizenship, residency, or other legal rights to be in Canada. Under Canadian law, undocumented aliens are allowed to claim refugee status, which would permit them to remain in Canada with limited benefits while their cases are adjudicated. However, critics claim that in practice the complexity of the application process effectively prevents some victims from claiming refugee status before they are deported. Canadian authorities deny this is the case. Identifying trafficking victims inside clandestine migrant smuggling operations is difficult.

Prevention
Canada is engaged at home and abroad in preventing and warning about the dangers of trafficking. The government publishes a multi-lingual pamphlet about trafficking and funds a range of Canada-based NGOs and institutions that are active in efforts to prevent trafficking. The Canadian International Development Agency (CIDA) funds anti-trafficking programs on four continents. Canadian immigration officers are stationed in key source countries to hinder trafficking networks. Canadian authorities protect their borders, although officials should reassess visa requirements for certain nationals, such as South Koreans. South Koreans do not require a visa to enter Canada and are being trafficked via Canada into the U.S.