C-452
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-452
An Act to amend the Criminal Code (exploitation and trafficking in persons)
first reading, October 16, 2012
Mrs. Mourani
411641
SUMMARY
This enactment amends the Criminal Code in order to provide consecutive sentences for offences related to procuring and trafficking in persons.
The enactment creates a presumption regarding the exploitation of one person by another and adds circumstances that are deemed to constitute exploitation.
Finally, it adds the offences of procuring and trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-452
An Act to amend the Criminal Code (exploitation and 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. The Criminal Code is amended by adding the following after section 212:
Sentences to be served consecutively
212.1 A sentence imposed on a person for an offence under section 212 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under section 212.
2. (1) The portion of subsection 279.01(1) of the Act before paragraph (a) is replaced by the following:
Trafficking in persons
279.01 (1) Every person who, in a domestic or international context, 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
(2) Section 279.01 of the Act is amended by adding the following after subsection (2):
Presumption
(3) For the purposes of subsection (1), a person who is not exploited and who lives with or is habitually in the company of or harbours a person who is exploited shall, in the absence of evidence to the contrary, be deemed to be exploiting or facilitating the exploitation of that person.
3. (1) Subsection 279.04(1) of the French version of the Act is replaced by the following:
Exploitation
279.04 (1) Pour l’application des articles 279.01 à 279.03, une personne en exploite une autre si elle l’amène à fournir ― ou à offrir de fournir ― son travail ou ses services, par des agissements dont il est raisonnable de s’attendre, compte tenu du contexte, à ce qu’ils lui fassent croire qu’un refus de sa part mettrait en danger sa sécurité ou celle d’une personne qu’elle connaît.
(2) Section 279.04 of the Act is amended by adding the following after section (1):
Sexual services
(1.1) 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, sexual services by the use or threat of force or of any other form of coercion, by fraud, deception, manipulation, abuse of authority or of a situation of vulnerability, or by obtaining the consent of a person with authority over the exploited person, namely by the offer, promise or acceptance of payments or benefits.
4. The Act is amended by adding the following after section 279.04:
Sentences to be served consecutively
279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.
5. Subsection 462.37(2.02) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) an offence involving procuring or trafficking in persons.
COMING INTO FORCE
Coming into force
6. This Act comes into force 30 days after the day on which it receives royal assent.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada