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FOR IMMEDIATE RELEASE June 17, 2010
News Release Child Trafficking Bill Overcomes Final Hurdle to Become Law
Ottawa, ON:
Today, the Senate of Canada adopted at Third Reading Bill C-268, An Act to
amend the Criminal Code (minimum sentence for offences involving trafficking
of persons under the age of eighteen years). The legislation will now be
sent to the Governor General of Canada for Royal Assent.
Bill C-268 will amend Canada’s Criminal Code to
introduce a new human trafficking offence specifically addressing child
traffickers. The new law will provide a minimum sentence of five years
imprisonment for anyone convicted of trafficking a minor in Canada and a
minimum of six years imprisonment for cases with aggravating factors.
Introduced on January 29, 2009, by Joy Smith, Member of
Parliament for Kildonan – St. Paul, Bill C-268 has attracted broad national
support. On September 30, 2009, Bill C-268 was adopted by the House of Commons
with the bi-partisan support of Conservative and Liberal MPs and most NDP MPs.
On October 1, 2009, Bill C-268 was first introduced into the Senate and was
sponsored by Senator Yonah Martin.
“The strong support for Bill C-268 reveals a clear
indication that the majority of Parliamentarians understand the necessity of
ensuring the traffickers of minors receive sentences that reflect the severity
of this grave offence,” said MP Joy Smith. “Traffickers need to know that
Canada will not accept the exploitation and sale of our children and any
attempts to do so will be met with stiff consequences.”
Bill C-268 is the first and only Private Members’ Bill
to be passed by Parliament since the last election in 2008. The passing of
Bill C-268 is even more significant since it amends the Criminal Code. Prior
to this legislation, only 14 Private Members’ Bills containing Criminal Code
amendments have been adopted by the Canadian Parliament since Confederation.
Since introducing Bill C-268, Mrs. Smith has presented
petitions containing tens of thousands of signatures from Canadians who
demanded that the penalties to child traffickers fully reflect the gravity of
the crime. Many organizations have also lent their support for this
legislation, representing stakeholders such as law enforcement, victim’s
services, NGO’s, and First Nations representatives.
The demand for Bill C-268 arose from a number of human
trafficking convictions involving minors where the offender received
insignificant sentences. For example, Michael Lennox Mark was convicted on
November 10, 2008, for selling a 17- year-old girl for sex. He received a two-
year sentence but only spent a week in jail following after his conviction due
to the credit of pre-trial custody.
The international community has also recognized this
concern and in October 2008, the Report of the Canada-U.S. Consultation in
Preparation for the World Congress III Against Sexual Exploitation of Children
and Adolescents recommended that Canada enact a mandatory minimum penalty
for child trafficking. Last year, the 2009 U.S. State Department Trafficking
in Persons Report also noted the difficulties reported by Canadian law
enforcement with securing adequate punishments against offenders.
MP Joy Smith has been recognized as a leading expert and
speaker on the issue and is working at the national and international level to
end human trafficking. Since being elected, MP Joy Smith has advocated for a
national action plan to be implemented to combat human trafficking in Canada.
In 2007, MP Smith saw her motion M-153, which urged the development of a
comprehensive national plan, unanimously passed by the Parliament of Canada.
“Bill C-268 is an important step forward in addressing
human trafficking here in Canada,” states MP Joy Smith. “However, Canada
also needs a comprehensive national action plan to combat human trafficking
that addresses the multifaceted aspects of this crime. We need to have a
federal strategy in coordination with provincial and territorial governments
that focuses on prevention initiatives, greater protection and rehabilitation
for the victims, and partnerships with frontline organizations.”
For more information on Bill C-268, please visit:
http://www.joysmith.ca/main.asp?fxoid=FXMenu,7&cat_ID=27&sub_ID=96. - 30 -
For further
information please contact:
Joel Oosterman, Chief of Staff
Office of Joy Smith, MP Phone: (613) 220-6795 Email: smithj8@parl.gc.ca Backgrounder on Private Members’ Bills & Bill C-268
· For example, 355 PMBs have been introduced in during the 40th Parliament.
· Only 14 PMBs containing Criminal Code amendments have ever been passed by the Canadian Parliament. · Only 4 PMBs with Criminal Code amendments have been passed by the Canadian Parliament in the last ten years.
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