Resolution - 2009.02 Submitted by: B.C. & Yukon Provincial Council Whereas, Citizenship and Immigration Canada’s policy for temporary residence permits offers limited protection and support to foreign victims of human trafficking; and Whereas, This policy may be discretionary and/or temporary; therefore legislation would provide national standards; and Whereas, Canada ratified the United Nations Trafficking Protocol in 2002, of which articles six and seven address implementing measures to provide support services and immigration permits for victims of trafficking; therefore, be it Resolved, That the national council of The Catholic Women’s League of Canada, in 89th annual national convention assembled, urge the federal government to enact legislation for protection and support services for foreign victims of human trafficking; and, be it further Resolved, That the national council of The Catholic Women’s League of Canada, in 89th annual national convention assembled, encourage provincial councils to urge the provincial and territorial governments to provide necessary support services for foreign victims of human trafficking.
In May 2006, Citizenship and Immigration Canada first introduced measures to protect foreign victims of human trafficking by providing them with temporary residence permits (TRPs). Subsequent improvements in 2007 increased the initial period for the TRPs to 180 days. Depending on the person’s situation, TRPs can be reissued at the end of the 180 day period. Victims of trafficking who receive a TRP are eligible for health-care benefits and trauma counselling, and may also apply for a work permit (CIC). “The RCMP has also made a conservative estimate that approximately 600 women and children are trafficked into Canada each year for sexual exploitation alone, and at least 800 for all domestic markets (involvement in drug trade, domestic work, labour for garment or other industries, etc.). Moreover, the RCMP estimates that between 1,500 and 2,200 people are trafficked from Canada into the US each year, suggesting that Canada is a source, transit and destination country” (Justice 2). “While it is helpful that immigration relief for trafficked persons was introduced as a ministerial policy measure to provide necessary flexibility, such measures should be legislated in the Immigration and Refugee Protection Act and related regulations once ‘lessons learned’ have been incorporated” (Perrin). In a Department of Justice report, Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector, “legislation was cited by several service providers as an important framework for their interventions. They pointed out the need for legislation outlining the protection to be provided to trafficking victims (Justice). Former senator Gerard Phalen said, “victims of trafficking usually come from countries where authorities and legal systems are suspect at best and these victims have been abused and taken advantage of. They need assistance, and it is imperative that such assistance be enshrined in law” (Phalen 3). Canada along with many other countries has ratified the United Nations Trafficking Protocol in 2002 (Raaflaub 2). One of the purposes of this protocol is to protect and assist the victims of such trafficking, with full respect for their human rights (UN Protocol 2). As well, each state party shall consider implementing measures to provide for the recovery of victims of trafficking in persons. This could include appropriate housing, counselling, medical and material assistance, and educational and training opportunities (ibid 4). Article 7 of the protocol deals with immigration and holds that signatory countries must consider laws that would allow trafficked victims to remain in the country either temporarily or permanently (ibid 4). Professor Benjamin Perrin, former advisor to the Minister of Citizenship and Immigration Canada states, “Trafficked persons also require a range of support services, including healthcare and counselling, housing, income or employment support, legal aid and translation services. Most of these social services fall within provincial responsibility. While some provincial governments like Alberta and B.C. have established lead agencies for trafficked persons to access such services, others like Ontario and Quebec have yet to take such action” (Perrin 1). The early identification of trafficked persons is a prerequisite for their recognition as victims and, consequently, their access to assistance and protection. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) states, at clause 16, that persons who are likely to be in contact with victims should receive training in order to enable them to identify victims and to be sensitive to their needs (Human Trafficking). Trafficked persons should be given the time and opportunity to learn the language, find employment or training and continue to heal, both physically and psychologically, and become contributing members of society. The Catholic Women’s League of Canada urges the federal government to pass and enforce relevant laws to make protection and support services for foreign victims a priority, including the proper training of all relevant personnel, as they address the terrible crime of human trafficking. Provincial and territorial governments are also encouraged to provide the support services necessary to the healing and rehabilitation of trafficked victims.
REFERENCES Citizenship and Immigration Canada. News Release. Canada's new government strengthens protection for victims of human trafficking. June 19, 2007. www.cic.gc.ca/english/department/media/releases/2007/2007-07-19.asp. Citizenship and Immigration Canada. Protection and assistance for victims of human trafficking. www.cic.gc.ca/EnGLIsh/inFORMation/applications/trp.asp. Government of Canada. Department of Justice. Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector. www.canada.justice.gc.ca/eng/pi/rs/rep-rap/2006/rr06_3/p5.html. People’s Law School. Human Trafficking in Canada. July 2007. 1st edition. www.publiclegaled.bc.ca/section.asp?catid=139. Perrin, Benjamin. Lawyer’s Weekly. Feb. 6, 2009. www.lawyersweekly.ca/index.php?section=article&articleid=849 Phalen, Gerard. Statement made on February 24, 2009 on Bill S-223 (Victims of Human Trafficking Bill). www.liberalsenateforum.ca/In-The-Senate/Statement/3143_Victims-of-Human-Trafficking-Protection-BillSecond-Reading Raaflaub, Tim Riordan. Human Trafficking, Political and Social Affairs Div., Parliamentary Information and Research Service, revised 21 Nov.2006. www.catalogue.scc-csc.gc.ca/web2/tramp2.exe/do_ccl_search/log_in?setting_key=english_internet&servers=1home&index=001&query=Newacq%2076322-1001. United Nations Office on Drugs and Crime. Human Trafficking. Reference Guide for Canadian Law Enforcement. Victims and Witnesses. www.icclr.law.ubc.ca/Publications/Reports/human_trafficking_2005.pdf United Nations. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 2000. www.uncjin.org/Documents/Conventions/dcatoc/ final_documents_2/convention_ traff_eng.pdf
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