This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 10 OTTAWA 000642 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC, WHA/CAN 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB CA
SUBJECT: CANADA: TRAFFICKING IN PERSONS REPORT FOR 2004-2005 
 
REF: 04 STATE 273089 
 
¶1.  (SBU)  The following is Mission Canada's submission for 
the 2005 Trafficking in Persons Report.  Answers are keyed to 
numbered paragraphs in reftel.  Embassy POC is Poloff Mark 
Baron, telephone (613) 688-5339, fax (613) 688-3098. 
Estimated number of hours spent researching and drafting this 
report by Poloff (FS-04): 80. 
 
Paragraph 18. OVERVIEW OF A COUNTRY'S ACTIVITIES TO ELIMINATE 
TRAFFICKING IN PERSONS (TIP): 
 
-- A.  Canada is primarily a transit and destination country, 
and may also be a source country.  People are trafficked into 
Canada from multiple source countries from Central and South 
America, Eastern Europe, and Asia, many destined for major 
Canadian urban centers or the United States.  Traffickers 
target larger urban populations as receiving markets.  Women 
are most likely to be trafficked into Canada.  Anecdotal 
evidence and case-law indicates that persons are transported 
across provincial borders within Canada for the purposes of 
sexual exploitation. 
 
-- B.  People are trafficked from multiple source countries 
in Central and South America, Eastern Europe, and Asia to 
Canada.  Trafficking victims are  usually destined for major 
Canadian urban centers, or they are smuggled into the U.S. 
after having first arrived in Canada. 
 
-- C.  There is no information to indicate that estimated TIP 
patterns have changed within the last year.  The Government 
of Canada (GoC) is undertaking a joint threat assessment on 
TIP with the United States, to be presented at the 2005 Cross 
Border Crime Forum.  The report will consider TIP from a 
cross-border perspective. 
 
-- D.  The GoC reports that efforts are underway to improve 
intelligence databases to facilitate the tracking of TIP 
criminal activity.  As part of the development of its 
anti-TIP strategy, the GoC's Interdepartmental Working Group 
on Trafficking in Persons (IWGTIP) is exploring opportunities 
to enhance data collection and analysis. 
 
In February 2004, the RCMP completed an assessment on the 
extent and scope of trafficking in human beings in Canada. 
For the purposes of the report, the RCMP attempted to 
determine the number of trafficking incidents known to law 
enforcement in Canada for a five-year period, from the start 
of 1999 through the end of 2003.  The report conservatively 
estimated that 800 persons are trafficked into Canada 
annually and that between 1,500 and 2,200 persons are 
trafficked from Canada into the U.S. each year.  The RCMP 
report acknowledged, however, that providing accurate 
trafficking data for Canada is an "almost insurmountable 
task." 
 
-- E.  Most TIP cases investigated by Canadian police 
agencies involve trafficking for the purposes of sexual 
exploitation.  There is anecdotal evidence of trafficking for 
agriculture, the garment industry and illicit activity such 
as narcotics.  Traffickers use various methods to maintain 
control over victims, including force, sexual assault and 
threats of violence. 
 
On December 15, the GoC revised its immigration policy to 
discontinue a blanket employment waiver (begun in 1998) that 
had permitted adult entertainment establishments in Canada to 
hire foreign women to work as exotic dancers.  Last year, 661 
women, most of whom came from Romania, entered Canada on 
temporary work visas.  The GoC states that the foreign women 
hired under this program were aware of the circumstances of 
their employment, but acknowledges that some of the women may 
have been suborned into prostitution after they arrived in 
Canada. 
 
There continue to be anecdotal reports of South Korean women 
being trafficked into the U.S. via Canada.  Numerous press 
accounts document arrests of South Koreans attempting to 
illegally cross into the United States along the British 
Columbia-Washington border.  South Koreans do not require a 
visa to enter Canada.  U.S. law enforcement have opened 
multiple investigations of South Koreans sex workers arrested 
in the U.S. who came via Canada. 
 
-- F.  Canada is not a significant country of origin for 
trafficked persons.  However, the GoC reports that there is 
anecdotal evidence of Canadian girls, coerced or kidnapped, 
entering the U.S. and forced into prostitution. 
 
-- G.  Since the TIP report of May 2004, the GoC has 
reaffirmed its commitment to combating TIP at the highest 
level.  Protecting against TIP was identified as a government 
priority in the October 2004 Speech from the Throne.  (NOTE: 
This speech, roughly equivalent to the U.S. State of the 
Union, officially opens every new session of the Canadian 
Parliament, and sets out the broad goals, direction and 
priorities of the Canadian Government.  END NOTE.)  Further, 
Prime Minister Paul Martin spoke of the need for vigilance in 
addressing TIP in his speech to the UN General Assembly in 
September.  In November, Prime Minister Martin and President 
Bush affirmed their commitment to working together to address 
this issue.  Similarly, Minister of Justice Irwin Cotler met 
the Attorney General Ashcroft in April and October at which 
time both pledged to enhance greater cross-border 
collaboration on TIP.  More recently, at the January 2005 GoC 
meeting of Federal/Provincial/Territorial Ministers 
Responsible for Justice, the Ministers expressed support for 
federal efforts to strengthen the criminal justice system's 
response to TIP. 
 
Seventeen federal departments and agencies are represented on 
the GoC's IWGTIP, which coordinates federal efforts to 
address TIP and is in the process of developing a federal 
strategy.  The departments of the IWGTIP devote resources to 
preventing TIP, protecting trafficking victims and 
prosecuting traffickers, depending o their respective areas 
of authority. 
 
-- H.  There is no evidence suggesting that Canadian 
authorities or individual members of the GoC are involved in 
facilitating or condoning TIP.  In the event that any 
allegations of such conduct were to be made, these 
allegations would be investigated and prosecuted, as are 
cases involving other alleged perpetrators. 
 
-- I.  According to the GoC, there are no systemic 
limitations on its ability to address TIP. 
 
-- J.  The IWGTIP has been coordinating the GoC's prevention, 
protection and prosecution anti-TIP efforts.  Further, the 
IWGTIP is developing a federal TIP strategy that will enhance 
the GoC's future anti-TIP efforts. 
 
-- K.  The Criminal Code of Canada (Criminal Code) does not 
prohibit adult prostitution per se; nonetheless, related 
activities are prohibited, including solicitation, procuring, 
living on the avails, and operating a bawdy house. 
Prostitution of persons under 18 years of age is prohibited. 
(NOTE: The GoC advised poloff that it does not see the 
relevance of this question as it relates to Canada's anti-TIP 
efforts.  END NOTE.) 
 
Paragraph 19.  PREVENTION: 
 
-- A.  The GoC takes its commitment to address and combat TIP 
seriously, and points to its early ratification of the United 
Nations Convention against Transnational Organized Crime as 
evidence of this commitment.  The IWGTIP has been mandated to 
coordinate federal efforts to address TIP and develop a 
federal strategy to address future anti-TIP efforts. 
 
-- B.  The IWGTIP is co-chaired by the Departments of Foreign 
Affairs and Justice and is composed of the following 
participating departments and agencies: 
 
1)  Canada Border Services Agency (CBSA) 
2)  Canadian Heritage (CH) 
3)  Canadian International Development Agency (CIDA) 
4)  Canadian Security Intelligence Service (CSIS) 
5)  Citizenship and Immigration Canada (CIC) 
6)  Department of Justice Canada (DOJ) 
7)  Foreign Affairs Canada (FAC) 
8)  Health Canada (HC) 
9)  Human Resources and Skills Development Canada (HRSDC) 
10) Indian and Northern Affairs Canada (INAC) 
11) Passport Office (PO) 
12) Privy Council Office (PCO) 
13) Public Safety and Emergency Preparedness Canada (PSEPC) 
14) Royal Canadian Mounted Police (RCMP) 
15) Social Development Canada (SDC) 
16) Statistics Canada (STATCAN) 
17) Status of Women Canada (SWC) 
 
 
-- C.  The IWGTIP produced an information booklet in 14 
languages that warns potential victims in source countries of 
the dangers of falling prey to traffickers.  The booklet is 
distributed through Canadian missions overseas, international 
organizations, and non-governmental organizations abroad. 
(NOTE: The booklet is available at the following website: 
http://canada.justice.gc.ca/en/fs/ht/pub/book let/index.html. 
END NOTE.)  The booklet has also been distributed within 
Canada to law enforcement and NGOs, with the GoC reporting 
that the booklet is raising awareness on the dangers of TIP. 
 
On March 30, 2004, the Canadian Ethnocultural Council (CEC), 
in partnership with the Department of Justice and Status of 
Women Canada, hosted a forum on Trafficking in Persons, 
Especially Youth, Children and Women, which brought together 
NGOs and academics from across Canada.  The objectives of the 
forum were to educate and increase public awareness about the 
TIP situation, especially youth, children and women, and 
explore strategies for community driven initiatives to 
prevent and combat TIP. 
 
In 2004, the GoC developed and distributed an anti-TIP poster 
which has been distributed to police stations, victim 
services, community centers, refugee and immigrant centers 
across Canada to raise awareness that TIP exists in Canada, 
and that it is a serious crime. 
 
In 2004, the DOJ, in collaboration with the IWGTIP, developed 
a website (http://canada.justice.gc.ca.en/fs/ht/iwgtip. html) 
on TIP with related information and links to raise public 
awareness and provide general information on the issue. 
 
U.S. and Canadian officials are currently developing a threat 
assessment on TIP to be presented at the 2005 Cross Border 
Crime Forum. 
 
-- D.  The GoC's National Crime Prevention Strategy supports 
a broad range of initiatives that seek to reduce crime and 
victimization by addressing crime before it happens.  These 
efforts are aimed at building and sharing the knowledge base 
on what puts certain populations, such as children, youth, 
and women, at risk and what is required to address those 
risks.  Initiatives address a range of issues including: 
effective parenting; violence, bullying and other forms of 
intimidation in schools and communities; gang violence; the 
particular risks of children in care and exiting care, as 
well as women in shelters. 
 
In 2004, the GoC announced a new national strategy to protect 
children from online sexual exploitation.  As part of this 
strategy, Cybertip.ca (www.cybertip.ca) was recognized as 
Canada's National Cybertipline, resulting in a five year 
funding agreement with PSEPC.  This website serves as a 
centralized portal for receiving reports from the public 
regarding child sexual exploitation, as well as operating as 
a resource for the public by providing information to help 
keep children safe. 
 
The National Missing Children Services (NMCS) is a national 
police service created to assist law enforcement agencies in 
the investigation, location and return of missing children to 
their parent or legal guardian.  The NMCS works in 
partnership with the RCMP, CBSA, CIC, FAC and DOJ.  These 
five departments form the "our missing children" program, 
which operates as Canada's response center for missing 
children investigative assistance, information and research. 
 
SWC supports community-based initiatives that address 
trafficking in women and children.  In 2004, SWC funded a 
number of initiatives: an ongoing action-research by the 
Comite de recherece-action sur le trafic sexuel des femmes au 
Quebec on the realities of sex trafficking of women and 
children to develop policies and programs, and to support the 
victims; an environmental scan and recommendations for action 
on trafficking by local groups in Alberta; a project by the 
Philippine Women Center of British Columbia that examined the 
linkages among health, immigration, labor, equality, and 
human rights policies through the experience of prostituted 
and trafficked Filipino women; the completion of a two-year 
project by the Canadian Council for Refugees to develop 
awareness among refugee-serving organizations, women's 
groups, labor organizations, police, academics and 
policy-makers as a first step to encouraging collaborative 
community action to protect trafficked women and girls and to 
eradicate forced labor. 
 
-- E.  The GoC is able to support prevention programs. 
Departments and agencies participating in the IWGTIP support 
anti-TIP measures that address TIP from a prevention, 
protection and prosecution perspective, depending on their 
respective areas of authority. 
 
-- F.  At the federal level, the IWGTIP engages in discussion 
with, and provides funding to, NGOs on a variety of 
TIP-related issues and initiatives. 
 
In March 2004, GoC policy makers met with NGOs and academics 
from across Canada to discuss various elements of a potential 
anti-TIP strategy, in an event funded by the DOJ and SWC. 
The meeting was facilitated by Metropolis, a consortium of 
federal departments and agencies that promote research on 
diversity and migration-related topics. 
 
In November, a roundtable on TIP was held in Vancouver by the 
GoC (National Crime Prevention Center) and the provincial 
Government of British Columbia, which brought together 
participants from the federal and provincial governments, the 
Vancouver Police, the RCMP, academics and local NGOs to 
discuss issues relating to TIP. 
 
Also in November, officials from the GoC participated in a 
working meeting on TIP organized by the United Nations High 
Commissioner for Refugees in Canada.  This meeting brought 
together NGOs, academics, service providers, lawyers and 
members of the GoC's Immigration and Refugee Board, to 
strengthen communication between concerned parties and to 
explore ways to better protect victims of trafficking.  DOJ 
representatives gave a presentation on the initiatives of the 
GoC in combating TIP, including the work of the IWGTIP. 
 
Members of the IWGTIP also participate in the 
Federal/Provincial/Territorial (FPT) Working Group on 
Commercial Sexual Exploitation of Children.  This working 
group brings together FPT government representatives from the 
Justice and Social Services sectors from across Canada to 
work collaboratively on issues involving the commercial 
sexual exploitation of children.  Combating TIP has been 
identified as a priority of the working group. 
 
Examples of GoC funding: 
 
1) DOJ and SWC provided funding to the Canadian Council for 
Refugees to launch a project to enhance Canadian NGOs ability 
to appropriately respond to the needs of trafficking victims 
in Canada, particularly women and girls. 
 
2) FAC provided funding, through its Human Security Program, 
for a series of radio advertisements in the Dominican 
Republic intended to raise awareness on TIP. 
 
3) CIDA through its Pakistan Gender Fund, is partnering with 
the International Organization on Migration (IOM) to develop 
a Conceptual Framework and Strategies to Combat Trafficking. 
This initiative is creating a forum for all stakeholders to 
assimilate views and strategies required to address the 
complexities of the issue of TIP and to develop guidelines on 
actions required by all stakeholders for developing regional 
level anti-TIP programs and activities. 
 
-- G.  The CBSA has a border intelligence program which 
includes analysis related to the international movement of 
persons.  When CBSA officials become aware of TIP cases, they 
are directed to contact the appropriate law enforcement 
agencies. 
 
PSEPC (RCMP and CBSA) works closely with the U.S. Department 
of Homeland Security (Bureau of Customs and Border 
Protection, Bureau of Immigration and Customs Enforcement, 
U.S. Coast Guard) 
Canada has 45 Migration Integrity Officers (MIOs) stationed 
in various international locations to address specific 
irregular migration, security and fraud concerns.  According 
to the GoC, 70% of improperly documented passengers seeking 
to travel to Canada by air in 2004  were detected MIOs prior 
to the passengers departing a foreign airport for Canada. 
MIOs provide advice and document training to airlines and 
local authorities and ensure accurate reporting on issues 
related to irregular migration and program integrity. 
-- H.  The IWGTIP is responsible for coordinating all federal 
efforts to combat TIP and develop a unified GoC anti-TIP 
strategy. 
 
Further, the proposed objectives of the RCMP Human 
Trafficking Unit will be to work in conjunction with its 
sister office, the RCMP Immigration and Passport Regional 
Unit, on issues of immigration fraud that may have TIP 
implications; centralize processing of all investigation 
requests from international law enforcement on TIP 
investigations that originate abroad but pertain to Canada; 
provide analytical services such as developing target 
intelligence, assessing the extent of the TIP problem, 
sharing intelligence feedback with domestic law enforcement 
agencies, and contributing to international databanks; 
enhance the network of domestic and international 
partnerships in order to initiate coordinate and facilitate 
TIP investigations that may eventually effect Canada; and to 
assist international police agencies with investigations. 
 
-- I.  Canada is a party to the UNTO and its Trafficking and 
Smuggling Protocols and is active within the UN and other 
multilateral organizations and with other partners to combat 
TIP.  Canada works within the overarching framework of the 
UNTOC and with a wide variety of global and regional 
organizations, as well as with other governments and their 
agencies to counter tip around the world. 
 
Canada actively engages multi-lateral organizations in its 
anti-TIP efforts, including: the UN and its agencies, IOM, 
OSCE, NATO, OAS, the Regional Conference on Migration (Puebla 
Process), and the Beijing  10 Platform for Action. 
 
Canada participated in several international TIP-related 
conferences over the past year, that included presentations 
by GoC officials at an OSCE conference in Helsinki, a Mexican 
Government, IOM and UNODC hosted conference in Mexico City, 
and the North American Agreement on Labor Cooperation 
conference on TIP held in Washington. 
 
Since the adoption of the Trafficking Protocol by member 
countries, including Canada, the GoC has undertaken many 
initiatives to develop intelligence and enforcement 
strategies to combat trafficking in women in line with 
current legislation.  For example, the RCMP represented 
Canada at the 5th Meeting of the Interpol Working Group on 
Trafficking in Women held in Oslo in October 2003 (no meeting 
was held in 2004), and the Europol Annual TIP Experts Meeting 
held in Den Hague, The Netherlands, in May 2004.  These 
groups meet annually to promote and foster intelligence and 
enforcement strategies to combat and disrupt organized crime 
involved in TIP, and provide Canadian law enforcement with 
the opportunity to enhance the profile of work being done on 
TIP in Canada by all concerned government and NGO agencies. 
The RCMP also represents Canada at the Canada-China Working 
Group that meets annually in Canada and in China.  This group 
was organized to formalize ongoing discussions of law 
enforcement issues between the two countries.  The RCMP 
Immigration and Passport Branch in Ottawa maintains an 
excellent rapport with the FBI and recently attended Human 
Trafficking training sessions at the FBI Academy. 
 
-- J.  In 2004, the IWGTIP was mandated to develop a federal 
strategy to address TIP, with work on the strategy 
continuing.  The IWGTIP has organized a number of events over 
the past year bring together members of civil society to 
discuss strategies to combat TIP.  In addition, the GoC 
issued in April 2004 a plan called "A Canada Fit for 
Children," in response to the May 2002 UN Special Session on 
Children.  This plan includes protection of children against 
sexual exploitation and trafficking. 
 
-- K.  The IWGTIP is the primary entity of the GoC for 
developing anti-TIP programs.  In addition to the 
collaborative efforts of the IWGTIP, all GoC agencies and 
departments are encouraged to develop and support anti-TIP 
programs and projects within their respective areas of 
authorities and expertise, with the IWGTIP serving as a forum 
for coordinating and sharing information on these pogroms and 
projects on a regular basis. 
 
Paragraph 20.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
-- A.  All forms of TIP are criminalized through various 
provisions of the Criminal Code.  Further, the Immigration 
and Refugee Protection Act (IRPA) prohibits TIP for any 
purpose. 
 
-- B.  The maximum penalty for the IRPA TIP offense is a fine 
of USD 800,000 and/or life imprisonment, applying to either 
TIP offenses involving sexual or non-sexual exploitation. 
 
The Criminal Code contains various provisions applicable to 
TIP cases, with varying maximum penalty.  Maximum penalties 
include life imprisonment for kidnapping (mandatory minimum 
penalty of four years where a firearm is used); 10 years for 
forcible confinement, as well as for living of the avails of 
prostitution (unless the offense involves a person under the 
age of 18, in which case the maximum penalty is 14 years.  A 
minimum penalty of five years is imposed if a child is 
procured and violence or threats of violence are used.)  The 
maximum penalty for instructing another person to commit an 
offense for the benefit or a criminal organization, which 
includes instructing TIP related offenses, is life 
imprisonment. 
 
-- C.  The maximum penalties for sexual assault offenses 
range from 10 years to life imprisonment: sexual assault (10 
years); sexual assault with a weapon (14 years and mandatory 
minimum penalty of 4 years where a firearm is used); and 
aggregated sexual assault (life and mandatory minimum penalty 
of 4 years where a firearm is used. 
 
-- D.  There are currently seven ongoing investigations under 
the specific IRPA TIP offense.  In addition, through February 
2005, there have been 19 TIP-related convictions under 
various Criminal Code offenses.  In all cases, sentences were 
imposed with a range of up to 9.5 years imprisonment. 
Additionally, 12 other TIP-related cases remain before the 
court.  The GoC reports that there may be other TIP-related 
court decisions which are not reflected in these statistics. 
 
-- E.  GoC intelligence indicates that TIP is orchestrated by 
criminal groups with significant international networks and 
has attracted other crime groups, as one aspect of their 
illicit activity.  There are indications of links between TIP 
traffickers and established crime groups, including Russian 
and Asian based organized crime.  Freelance operators have 
been known to offer their services, such as by providing 
transportation, although their degree of knowledge regarding 
the ultimate fate of the victims is uncertain.  Traffickers 
target larger urban populations in Canada. 
 
-- F.  Six regional RCMP Immigration and Passport 
Investigative Teams are located in RCMP regional headquarters 
across Canada and are responsible for the investigation of 
IRPA offenses including TIP.  In addition to these teams, the 
RCMP tasks its International Liaison Officers (LOs), who are 
assigned as attaches in 11 countries world-wide, to work with 
host country law enforcement officials on TIP related 
investigations. 
 
-- G.  The RCMP provides law enforcement training which 
includes information about the TIP offense in the IRPA.  RCMP 
personnel have been presenting a course addressing TIP and 
smuggling of persons to RCMP members.  Law enforcement teams 
from the U.S., Australia and China have participated in these 
courses. 
 
A specialized training seminar was held for law enforcement, 
prosecutors and immigration and customs officials in March 
¶2004.  The RCMP is organizing a similar training session for 
law enforcement to be held in May. 
 
The RCMP, in cooperation with CSIS, which provides a 
centralized link to municipal police forces across Canada, is 
planning a campaign to enhance awareness of the specific 
conditions of TIP both from an enforcement and victim 
perspective. 
 
In August 2004, a DOJ official held an information session on 
TIP for federal prosecutors in Toronto.  Additionally, 
federal prosecutors in Quebec are planning training seminars 
on TIP for members of the judiciary this Spring.  These 
sessions will provide an overview of TIP, discuss its links 
to organize crime, and explain the economic, social and 
political impact. 
 
CIC likewise conducts training sessions for immigration 
officials regarding TIP in the context of providing ongoing 
gender-sensitivity training and implementing the IRPA. 
 
-- H.  The GoC cooperates with other governments in 
investigating and prosecuting trafficking on an ad hoc basis. 
 Over the course of the last 10 years, the GoC reports that 
70% of the major investigations of the RCMP Immigration and 
Passport Program have been joint investigations with U.S. law 
enforcement agencies on the movement of migrants to the 
United States. 
 
Canada is a founding member and active supporter of the 
International Association of Prosecutors, whose objectives 
include greater international cooperation amongst prosecutors 
in the fight against transnational organized crime. 
 
-- I.  Canada's Extradition Act, along with relevant 
extradition agreements, provides the legal framework to 
extradite persons from Canada on the request of an 
extradition partner for the purposes of prosecuting that 
person, imposing a sentence upon them or enforcing a sentence 
imposed on that person.  Generally, the offense in respect of 
which the extradition is requested must be punishable by 
imprisonment of at least two years. 
 
Canada cooperates with other countries to extradite 
individuals in appropriate cases, including its own 
nationals, when TIP-related offenses are committed abroad. 
In the past year, at least two extradition proceedings have 
been initiated in relation to individuals being sought for 
TIP-related offenses in other countries. 
 
-- J.  There is no evidence indicating that the GoC is 
involved in TIP, or otherwise tolerates trafficking activity. 
 
-- K.  Not applicable. 
 
-- L.  The Criminal Code and the IRPA criminalize TIP. 
Canada's criminal laws have specifically prohibited child sex 
tourism since 1997.  (NOTE: The GoC advised poloff that it 
believes that this issue is unrelated to trafficking of 
persons to and from Canada.  END NOTE.) 
 
-- M.  ILO  Convention 182: GoC ratified on June 6, 2000. 
 
ILO Convention 105: GoC ratified on July 14, 1960. 
 
ILO Convention 29: GoC has not ratified. 
 
Optional Protocol to the Convention on the Rights of the 
Child: GoC signed on November 10, 2001; working towards 
ratification. 
 
Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime:  GoC 
ratified on May 13, 2002. 
 
Canada has also ratified the UN Convention on the Rights of 
the Chile on December 13, 1991, and the Rome Statute of the 
International Criminal Court on July 7, 2000. 
 
Paragraph 21.  PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  Under the IRPA, trafficking victims may avail 
themselves of a number of legislative and administrative 
measures in order to remain in Canada, temporarily or 
permanently, as either a refugee, temporary resident, 
permanent resident (determination facilitated by humanitarian 
and compassionate considerations), or as a person in need of 
protection. 
 
A trafficking victim who is subject to a removal order may be 
permitted to remain in Canada temporarily.  Such a 
determination may be applicable in circumstances where a 
victim is required to testify in a prosecution against 
traffickers and for individuals awaiting a pre-removal risk 
assessment which assesses risk to a person if removed. 
 
Numerous programs and services are available to victims of 
crime in Canada, including trafficking victims, ranging from 
health care to emergency housing and social and legal 
assistance.  Many of the programs and services available to 
victims of crime are administered at the provincial or 
territorial levels. 
 
Legal aid programs are administered separately by each 
province and territory and eligibility is based primarily 
upon financial need.  Similarly, social services such as 
emergency financial assistance, food and housing are 
administered at the provincial and territorial levels and are 
available to those in need.  Finally, health services are 
administered primarily at the provincial/territorial levels. 
 
-- B.  The DOJ established a Victims Fund in 2000 to 
encourage the development of new approaches to meet the needs 
of crime victims.  Canadian community and NGOs may apply to 
the Victims Fund to develop programs to fill gaps in the 
delivery of services to victims.  Other forms of support are 
provided by the DOJ's Policy Center for Victim Issues, which 
commissions research on victim-related issues, creates and 
disseminated fact sheets and other forms of public legal 
education on victim issues and undertakes consultations with 
NGOs and victims. 
 
In 2005, the GoC pledged ongoing funding of USD 4 million per 
year to support initiatives designed to increase the 
confidence of victims of crime in the criminal justice 
system, to raise awareness of the needs of victims of crime, 
and to facilitate the provision of available services and 
assistance among victims and their families. 
 
-- C.  Canadian law enforcement agencies have victims 
assistance programs which assist in locating immediate safe 
shelter for victims of crime, including TIP.  However, 
programs are not run uniformly between agencies, nor are they 
consistent between provinces or municipalities.  There are a 
number of NGOs and provincial and municipal agencies within 
Canada that are available to provide short and long term care. 
 
-- D.  The rights of trafficking victims in Canada are 
generally respected, and the GoC reports that victims rights 
are guaranteed through the Canadian Charter of Rights and 
Freedoms.  However, there have been anecdotal reports in the 
past, mostly from the NGO community, that trafficking victims 
have been hastily deported from Canada, a claim that the GoC 
strongly refutes. 
 
-- E. The Criminal Code contains various provisions which 
facilitate the testimony of victims in criminal proceedings, 
including victim impact statements, testimonial aids, 
publication bans, and the presence of support persons for 
certain witnesses.  Further, the GoC has introduced 
legislation to further facilitate the receipt of testimony 
from child victims/witnesses and other vulnerable 
victims/witnesses. 
 
Civil redress by victims against the perpetrators of crime is 
a matter of provincial/territorial responsibility in Canada; 
the provincial and territorial governments have enacted 
legislation in their respective jurisdictions which outline 
numerous rights for victims of crime, including, in most 
cases, the right to seek compensation. 
 
At the federal level, the Criminal Code authorizes the 
imposition of a victim surcharge in addition to any other 
offender convicted or discharged of an offense.  This money 
is used to fund, in part, provincial and territorial victim 
services and programs.  In addition, offenders sentenced for 
trafficking offenses under the Criminal Code may receive a 
restitution order as part of their sentence.  A restitution 
order requires the offender to pay an amount directly to the 
victim of the offense to cover the victim's monetary losses 
or damage to property caused by the crime. 
 
-- F.  Legislation exists at both the federal and 
provincial/territorial levels to protect victims and 
witnesses.  The Criminal Code authorizes the granting of a 
peace bond when any person fears on reasonable grounds that 
another person will cause personal injury to herself or her 
child or will damage her property.  A variety of conditions 
may be attached to peace bonds, including prohibiting the 
defendant from being within a specified distance of the 
person who has sought the peace bond. 
 
The GoC's Witness Protection Program provides the legal 
framework to protect persons who are involved in providing 
assistance to law enforcement in various matters.  Protection 
can include relocation, accommodation and change of identity, 
as well as counseling and financial support necessary to 
ensure the security of the person and to facilitate their 
re-establishment and self-sufficiency. 
 
The federal National Homelessness Initiative (NHI), first 
launched in 1999 with funding of USD 600 million, was renewed 
in 2003 with an additional funding level of USD 325 million. 
NHI has funded over 2,800 projects towards the purchase, 
construction and renovation of shelters, support facilities, 
and new or enhanced support services for the homeless (ie 
training, skills development, counseling, clothing). 
 
-- G. Victim service delivery is the responsibility of 
provincial and territorial governments in Canada, with 
significant variation between services provided.  Services 
are provided to all victims of crime, although some provinces 
provide additional specialized services, including child 
victim witness programs, assistance under provincial family 
violence legislation, sexual assault/rape crisis centers, 
violence against and awareness programs for women, partner 
assault response programs, service to women and children, and 
initiatives for Aboriginal victims.  Government officials do 
not receive specialized training for providing assistance to 
victims of trafficking.  The GoC instructs its embassies and 
consulates to establish and maintain relations with local 
NGOs that are involved with TIP victim assistance. 
 
-- H. As there are few, if any, Canadian victims of 
trafficking repatriated to Canada, the GoC does not have a 
specific program to provide assistance to such persons. 
However, Canada has an extensive array of social services, 
including health care, legal and financial assistance, 
emergency housing, counseling, skill and language development 
programs, that are available to any repatriated national who 
might have been the victim of trafficking. 
 
-- I.  The federal, provincial and territorial governments 
fund NGOs to provide services to vulnerable populations in 
Canada, including victims of trafficking. 
 
A number of organizations, such as Save the Children Canada, 
the International Centre to Combat the Exploitation of 
Children, and the International Bureau for Children's Rights, 
provide support services to children and youth to prevent 
trafficking and assist them in escaping from trafficking and 
situations of sexual exploitation. 
 
Organizations affiliated with provincial Attorneys General, 
such as Street Light Support Services in Ontario, provide 
services to assist people who are attempting to escape the 
sex trade. 
 
The following NGOs work with trafficking victims in Canada: 
1)  Alberta Association of Sexual Assault Centers 
2)  Canadian Council for Refugees 
3)  Federation des Femmes de Quebec 
4)  Kelowna Women's Resource Center Society 
5)  Kid Friendly Society of British Columbia 
6)  Passages Women's Shelter 
7)  Philippine Women Center 
8)  Prostitution Alternatives Counseling and Education Society 
9)  Prostitution Empowerment, Education, and Resource Society 
10) Metro Toronto Chinese and Southeast Asian Legal Clinic 
11) Migrant Agricultural Workers Support Centre 
12) Multiculural History Society of Ontario 
13) Save the Children Canada 
14) Saskatoon Communities for Children, Inc. 
15) The Coalition Against Trafficking in Women 
16) The Global Alliance Against Trafficking in Women 
17) Toronto Network Against Trafficking in Women 
 
Paragraph 22.  HEROES: No nominations submitted by the GoC. 
 
Paragraph 23.  BEST PRACTICES: The IWGTIP effectively 
coordinates the work of 17 disparate GoC departments and 
agencies that have responsibilities in anti-TIP programs, and 
provides a single point-of-contact for inquiries by foreign 
governments or NGOs seeking more information on Canada's TIP 
programs and policies. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
CELLUCCI