How does law enforcement respond to Trafficking?
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Canada's judicial system has not ignored the fact that sex trafficking and prostitution happens in Canada. There are several laws in the Criminal Code that address the issue which help make prostitution in Canada extremely difficult to exist. The following is an outline of the roles and powers that law enforcement has to help prevent human trafficking in Canada. This was taken from the RCMP website (2012), which you can visit for more information by using the link at the bottom of the page. Educators can use this information to help students understand how Law Enforcement and the Criminal Code is used to protect those who are vulnerable to prostitution and trafficking
The role of Law Enforcement concerning human trafficking
- identify children and adults at risk and inform potential victims of their rights
- identify and investigate criminal circumstances and seek t prosecute individuals involved in trafficking
- help victims seek proper care regarding health, legal assistance, education, work, and safe accommodation
- work with Citizenship and Immigration Canada, Canada Border services, provincial municipalities, social services, child welfare and any non-government organizations to provide protection to victims.
- enforce laws of Canada including those of the Criminal Code, Section 279.01-279.03
The Powers Law ENFORCEMENT has concerning human trafficking
- Section 279.01 prohibits anyone from recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control or influence over the movements of a person, for the purpose of exploiting or facilitating the exploitation of that person (maximum penalty: life where it involves the kidnaping, aggravated assault or aggravated sexual assault, or death of the victim and 14 years in any other case);
- Section 279.011 prohibits anyone from recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person under the age of eighteen years, or exercising control or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting or facilitating the exploitation of that person (maximum penalty: life and a minimum of 6 years where it involves the kidnaping, aggravated assault or aggravated sexual assault, or death of the victim; maximum penalty: 14 years and a minimum of 5 years in any other case);
- Section 279.02 prohibits anyone from receiving a financial or other material benefit for the purpose of committing or facilitating the exploitation of that person (maximum penalty: 10 years);
- Section 279.03 prohibits the withholding or destruction of documents, such as a victim's travel documents or documents establishing their identity, for the purpose of committing or facilitating the exploitation of that person (maximum penalty: 5 years).
- Section 279.04 defines exploitation as causing a person to provide, or offer to provide, labour or services by engaging in conduct that leads the victim to reasonably fear for their safety or that of someone known to them, if they fail to comply. It would apply to the use of force, deception or other forms of coercion causing the removal of a human organ or tissue.
- Section 7 (4.11) states that everyone who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.01, 279.011, 279.02 or 279.03 shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Additional laws related to prostitution
In Canada Prostitution is technically not illegal because it is argued that it is a woman's right to have the freedom to employ herself in whatever means she wishes to. To label prostitution as an illegal occupation pushes the boundaries of that freedom. However the Criminal Code has several laws in place that make prostitution extremely difficult to exist. The following outlines the three major laws in place that help deter people from prostitution. This information was taken from the Parliament of Canada (2012) website
To read more on these laws you can visit the Parliament of Canada link below.
- 1) Bawdy- Houses: Section 210 of the Criminal Code states that it is illegal to work in, operate, visit, or own/rent a common bawdy house. Essentially this means that bawdy houses - places where prostitution is practices - are illegal to operate.
- 2) Procurement: Section 212 makes any acts of persuasion to obtain sex illegal. It further addresses that living of the avails of prostitution is also illegal. This means that any one who tries to obtain a prostitute, or is making money off of prostitutes (pimps), is essentially acting in an illegal manner.
- 3) Acts in Relation to Prostitution: This section (213) addresses any offences related to the act of prostitution itself which revolve around the issue of solicitation or the use of public spaces. This would include prostitutes who attempt to stop motor vehicles, impedes the flow of traffic, or attempts to stop any persons.
To read more on these laws you can visit the Parliament of Canada link below.