Trafficking or Pimping? An Analysis of Canada’s Human Trafficking Legislation and its Implications

Abstract

In 2005, Canada implemented its first-ever domestic human trafficking legislation under sections 279.01 through 279.04 of the Criminal Code of Canada. The first conviction under this legislation came about three years after its implementation, with a total of only five convictions having been obtained as of January of 2011. This article examines the legislation and the legislative definition of human trafficking in Canada, arguing that the vagueness of this legislation, the breadth of the legislative definition, and its similarity to other provisions within the Criminal Code make it difficult to distinguish human trafficking from other criminal offences, particularly procurement, or in lay language—pimping, which is governed under section 212 of the Code. Analyzing cases identified as human trafficking by Canadian police and legal authorities, this article demonstrates the problematic effects of Canada’s human trafficking legislation. The article points out the challenges arising from identifying non-trafficking cases as human trafficking, including undermining the severity of human trafficking and impeding efforts to combat it.

The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

“…Specifically, alongside a legal analysis of the key components of the Criminal Code offence, this article examines data generated from 56 one-on-one interviews (16 in Calgary, Alberta; 21 in Vancouver, in relation to the procurement offence see Roots (2013). 4 Of the stated 50 cases where human trafficking or related convictions have been obtained (see RCMP, 2013) Report, 2012;Brazao, 2008;LaJoie, 2011;Sikka, 2013), criminal charges under either the Criminal Code or IR-PA offences of human trafficking have been relatively rare.…”

“…While the listed acts taken from the Protocol have not been subject to additional interpretation, the acts of "exercising control, direction or influence" were adopted from the language of the procurement offence under the Criminal Code and have been interpreted in case law in that regard. Control has been interpreted to refer to invasive behaviour which leaves little choice to the person controlled; direction has been interpreted to constitute the existence of rules or imposed behaviours; and, influence has been interpreted to include any action done with a view to aiding, abetting, or compelling a person (R. v. Perrault, considering s.212; see also, Roots, 2013). This interpretation of "exercising control, direc-tion or influence" was adopted in the first trial decision interpreting s.279.01 of the Criminal Code (R. v. Urizar).…”

Affecting the Frame: Risk, Vulnerability, and Sex Worker Subjectivities

“…Ideologically, the notion of trafficking is very broad. In fact, sections 279.01 and 279.04 of the Criminal Code define trafficking in such a far-reaching way that many other activities, particularly those related to consensual sex work, are often dealt with under trafficking provisions (Roots 2013). Often this leads to inflated statistics regarding trafficking victims and ultimately produces an ideological tautology that suggests we need even more criminal enforcement and stricter criminal legislation to target those who are trafficking young women into the sex trade.…”

Human trafficking in BC from 2000 to 2016: Government personnel and front-line service providers' observations

“…The objectives include prevention, protection, and prosecution (Barrett & Shaw, 2013). 15 The Protocol differs from previous conventions in that it distinguishes between voluntary prostitution and sex trafficking, allowing individual nation-states the freedom to recognize sex work as legitimate labour (Roots, 2013). As of 2012, 134 countries have enacted laws criminalizing human trafficking, and many nations have sponsored research initiatives and programs to locate and assist victims (UNODC, 2012, p.88).…”

“…The ideological division between the two groups is pervasive in the literature; each offering divergent solutions to the issue based on their respective understandings of the problem. The degree to which a nation-state interprets sex trafficking relative to prostitution varies from country to country, as does the extent to which countries have been successful in reducing rates of human trafficking (Barrett & Shaw, 2013;Roots, 2013). In 1999, Sweden adopted a neo-abolitionist approach to prostitution under the Prohibiting the Purchase of Sexual Services Act, which has since been coined 'The Nordic Model' (Barrett & Shaw, 2013).…”