Bill C-49

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1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

house of commons of canada

BILL C-49

An Act to amend the Criminal Code (trafficking in persons)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

CRIMINAL CODE

1. Paragraph (a) of the definition “offence” in section 183 of the Criminal Code is amended by adding the following after subparagraph (xlvii):

(xlvii.1) section 279.01 (trafficking in persons),

(xlvii.2) section 279.02 (material benefit),

(xlvii.3) section 279.03 (withholding or destroying documents),

R.S., c. 27 (1st Supp.), s. 39(1)

2. The heading before section 279 of the Act is replaced by the following:

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

3. The Act is amended by adding the following after section 279:

Trafficking in persons

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than fourteen years in any other case.

Consent

(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

Material benefit

279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

Withholding or destroying documents

279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

Exploitation

279.04 For the purposes of sections 279.01 to 279.03, a person exploits another person if they

(a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or

(b) cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

1999, c. 25, s. 2(1)

4. (1) Subsection 486(1.1) of the Act is replaced by the following:

Protection of witnesses under 18

(1.1) For the purposes of subsections (1) and (2.3) and for greater certainty, the proper administration of justice includes ensuring that the interests of witnesses under the age of eighteen years are safeguarded in proceedings in which the accused is charged with a sexual offence, an offence against any of sections 271 to 273 and 279.01 to 279.03 or an offence in which violence against the person is alleged to have been used, threatened or attempted.

2002, c. 13, s. 20

(2) Subsection 486(2.1) of the Act is replaced by the following:

Testimony outside court room

(2.1) Despite section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272, 273, 279.01, 279.02 or 279.03 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

1999, c. 25, s. 2(2)

(3) Subparagraph 486(3)(a)(i) of the Act is replaced by the following:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

5. Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xvi):

(xvi.1) section 279.01 (trafficking in persons),

6. Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vii):

(vii.1) section 279.01 (trafficking in persons),

1995, c. 22, s. 6

7. Paragraph 738(1)(b) of the Act is replaced by the following:

(b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable; and

COORDINATING AMENDMENT

Bill C-2

8. (1) Subsections (2) and (3) apply if Bill C-2, introduced in the 1st Session of the 38th Parliament and entitled An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the “other Act”), receives royal assent.

(2) If section 15 of the other Act comes into force before section 3 of this Act, then,

(a) on the coming into force of that section 15, section 4 of this Act is repealed; and

(b) on the coming into force of section 3 of this Act,

(i) subsection 486(3) of the Criminal Code is replaced by the following:

Reasons to be stated

(3) If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

(ii) subparagraph 486.4(1)(a)(i) of the Criminal Code is replaced by the following:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

(3) If section 3 of this Act comes into force before section 15 of the other Act, then, on the coming into force of that section 3,

(a) subsection 486(3) of the Criminal Code, as enacted by section 15 of the other Act, is replaced by the following:

Reasons to be stated

(b) subparagraph 486.4(1)(a)(i) of the Criminal Code, as enacted by section 15 of the other Act, is replaced by the following:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

Published under authority of the Speaker of the House of Commons

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Explanatory Notes

Criminal Code

Clause 1: Relevant portion of the definition:

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a) any of the following provisions of this Act, namely,

Clause 2: Existing text of the heading:

Kidnapping, Hostage Taking and Abduction

Clause 3: New.

Clause 4: (1) Existing text of subsection 486(1.1):

(1.1) For the purposes of subsections (1) and (2.3) and for greater certainty, the “proper administration of justice” includes ensuring that the interests of witnesses under the age of eighteen years are safeguarded in proceedings in which the accused is charged with a sexual offence, an offence against any of sections 271, 272 and 273 or an offence in which violence against the person is alleged to have been used, threatened or attempted.

(2) Existing text of subsection 486(2.1):

(2.1) Despite section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

(3) Relevant portion of subsection 486(3):

(3) Subject to subsection (4), the presiding judge or justice may make an order directing that the identity of a complainant or a witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way, when an accused is charged with

(a) any of the following offences:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,

Clause 5: Relevant portion of the definition:

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

Clause 6: Relevant portion of the definition:

“designated offence” means

...

(b) an offence under any of the following provisions:

Clause 7: Relevant portion of subsection 738(1):

738. (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:

...

(b) in the case of bodily harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages, including loss of income or support, incurred as a result of the bodily harm, where the amount is readily ascertainable; and