Bill S-228
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- ENGLISH
- SUMMARY SUMMARY
- Criminal Code Criminal Code
- EXPLANATORY NOTES EXPLANATORY NOTES
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021 |
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SENATE OF CANADA |
An Act to amend the Criminal Code (trafficking in persons)
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FIRST READING, March 16, 2021
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THE HONOURABLE SENATOR Ataullahjan |
SUMMARY
This enactment amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.
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Available on the Senate of Canada website at the following address:
www.sencanada.ca/en |
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2nd Session, 43rd Parliament, 69-70 Elizabeth II, 2020-2021 |
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SENATE OF CANADA |
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BILL S-228 |
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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 (1) Subsection 279.04(1) of the Criminal Code is replaced by the following:
Exploitation
279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they Insertion start engage Insertion end in conduct that
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Insertion start (a) Insertion end Insertion start Insertion end Insertion start causes Insertion end the other person to provide or offer to provide labour or a service Insertion start ; and Insertion end
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Start of inserted block
(b) involves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.
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(2) Subsection 279.04(2) of the Act is repealed.
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Published under authority of the Senate of Canada
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EXPLANATORY NOTES
279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they 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.
(2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused
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(a) used or threatened to use force or another form of coercion;
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(b) used deception; or
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(c) abused a position of trust, power or authority.