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UNCLAS SECTION 01 OF 14 OTTAWA 000563 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR WHA/PPC J. BENSON, G/TIP, G, INL, DRL, PRM, IWI, 
USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF KCRM KWMN KFRD SMIG ASEC ELAB CA
SUBJECT: 2006 TRAFFICKING IN PERSONS REPORT:  CANADA 
 
REF: SECSTATE 5704 
 
This information contained in this report is Sensitive But 
Unclassified. 
 
SIPDIS 
 
----------------------------------------- 
OVERVIEW OF CANADA'S ACTIVITIES 
TO ELIMINATE TRAFFICKING IN PERSONS (TIP) 
----------------------------------------- 
 
¶1.  (SBU)  The Government of Canada's (GOC) approach to 
Trafficking in Persons issues emphasizes a criminal justice 
and law enforcement perspective through the country's 
immigration framework, rather than seeking to provide basic, 
humanitarian assistance to trafficking victims.  Individual 
provinces and territories provide services to victims, 
including access to legal aid, health care, social assistance 
and housing.  In general, the provinces and territories 
utilize services of their local NGO community on an "as 
needed" basis rather than through a systematic, transparent 
delivery system that specifically responds to the needs of 
trafficking victims versus those of other vulnerable 
populations.  Victims generally receive no federal government 
funding unless they are able to tap into the extensive 
federal social safety net by regularizing their immigration 
status in Canada. The domestic trafficking problem of 
Canadian citizens is generally acknowledged but remains 
unaddressed. 
 
¶2.  (SBU)  There is widespread acknowledgment that 
immigration remedies provide insufficient protection to 
victims.  Though options such as legal 90- to 180- day 
"cooling off" periods for victims are under discussion, none 
currently exists.  Recently passed legislation that 
specifically criminalizes trafficking offenses will provide 
an additional and effective tool for the identification, 
arrest and conviction of traffickers.  It remains to be seen, 
however, whether the new government will be able to redress 
status issues and the treatment of victims in a comprehensive 
and proactive way, working collectively with the NGO 
community and provincial authorities to create a more 
protection-oriented regime. 
 
¶3.  (SBU)  The 17-member Interdepartmental Working Group on 
Trafficking in Persons (IWG), the policy development and 
QTrafficking in Persons (IWG), the policy development and 
coordinating body for the federal government, does not 
include NGO representatives.  During 2005, individual agency 
members of the IWG undertook a variety of infrastructural, 
training and outreach programs and legislative initiatives, 
but did not pursue policies to address legal status issues of 
victims, or provide funds for and to systematize victims' 
assistance programs.  Progress on a federal strategy  to 
combat trafficking in persons was interrupted by the November 
2005 fall of the previous government and elections in January 
2006; work on the strategy has yet to resume under Canada's 
 
OTTAWA 00000563  002 OF 014 
 
 
first Conservative government in 12 years. 
 
¶4.  (SBU)  In September, the government designated RCMP 
members for their newly renamed Human Trafficking National 
Coordination Center (HTNCC) that coordinates domestic 
trafficking efforts with six RCMP immigration and passport 
regional offices.  Recent and continuing long-term 
cross-border operations by U.S. and Canadian law enforcement 
that require extensive investigations, many making use of 
intelligence sharing techniques, have produced arrests of 
individuals on smuggling charges.  2005 saw the first arrests 
under two separate laws relating to sex tourism and 
cross-border trafficking.  Localized efforts, particularly in 
British Columbia where the problem is publicly acknowledged 
in the most high profile way in the country, are noteworthy, 
although in their nascent stages. 
 
Law Enforcement Data 
 
¶5.  (SBU)  There have been no new comprehensive quantitative 
assessments about the smuggling or trafficking problem in 
Canada since the 2004 RCMP report that estimated between 600 
and 800 people are smuggled into the country annually.  The 
Government of Canada suggests that small, but unquantifiable, 
numbers of trafficking victims or potential trafficking 
victims, enter the country illegally or legally and that, due 
to the small number of confirmed cases and in order to 
protect the integrity of ongoing investigations, no specific 
information on individual trafficking cases could be provided 
for this report.  The extent of domestic trafficking in 
Canada is difficult to determine, given that citizenship, 
ethnic background or place of habitual residence of the 
victim is often not made available.  Conversations with 
members of the NGO community failed to produce specific data 
corroborating claims of increased numbers of trafficking 
victims.  However, both U.S. and Canadian immigration and law 
enforcement officials acknowledge that law enforcement 
cooperation on smuggling as well as on individual trafficking 
cases has been positive and fruitful. 
 
¶6.  (SBU)  In 2005, DHS and Canadian law enforcement (RCMP, 
Q6.  (SBU)  In 2005, DHS and Canadian law enforcement (RCMP, 
CBSA and CSIS) cooperation, both through the use of 
Integrated Border Enforcement Teams (IBETs) as well as 
localized relationships particularly in the Vancouver and 
Toronto areas, has resulted in the arrests of at least 17 
individuals on human smuggling charges.  Due to slow 
administrative procedures, combined with charges also being 
filed in the U.S., some Canadian offenders are extradited to 
the U.S. for trial, sentencing and incarceration.  DHS 
officials in Canada estimate that they have worked 
cooperatively with Canadian law enforcement on at least five 
trafficking cases and investigations are ongoing. 
 
¶7.  (SBU)  From March 1, 2005 to January 31, 2006, U.S. 
border officials, including joint U.S./Canadian IBETs, have 
 
OTTAWA 00000563  003 OF 014 
 
 
provided unofficial statistics that have identified 1,088 
individuals claiming to have been smuggled into the U.S.  Of 
those, 221 have been verified as legitimate smuggling cases. 
These figures are based on individuals having been 
apprehended in the U.S., many within a few miles of the 
U.S./Canadian border.  47 different source countries comprise 
the claims, with Mexico, Guatemala, China, South Korea, 
Brazil and Honduras (in descending order) being the countries 
with the greatest numbers.  Of those individuals whose claims 
to have been smuggled were verified, 28 different source 
countries were evident.  They were South Korea, India, 
Mexico, Canada and China (in descending order). Of those with 
verified claims, the average cost paid for the smuggling 
ranged between $50 and $8,000. 
 
¶8.  (SBU)  There are currently seventeen ongoing 
investigations under related offenses of the Immigration and 
Refugee Protection Act (IRPA), including the Section 118 that 
specifically prohibits trafficking in persons.  During the 
reporting period, there were six TIP-related convictions 
under various Criminal Code offenses.  The sentences imposed 
varied based on the particular offense.  Nine other 
TIP-related cases with charges under the Criminal Code remain 
pending.  For the reporting period, there were seven cases of 
individuals prosecuted for offenses related to migrant 
smuggling, for which five convictions were obtained.  One 
case remains pending and the other prosecution resulted in an 
acquittal. 
 
¶9.  (SBU)  Statistics-Canada is expected to release 
police-reported smuggling data for calendar year 2005 and an 
annual Criminal Court Survey for fiscal year 2005/2006 (April 
1, 2005 to March 31, 2006) during the summer.  However 
court-reported data on prosecutions of migrant smuggling 
cases for the two year period from 2002 to 2004 (under 
Section 117 of IRPA) indicate an increase from four to 
fourteen prosecutions, as well as a corresponding increase in 
convictions from two to ten. 
 
¶10.  (SBU)  According to the 2005 Criminal Intelligence 
Service Canada's (CISC) Annual Report on Organized Crime, 
QService Canada's (CISC) Annual Report on Organized Crime, 
Canada is a destination and transit country for trafficking 
victims who are brought to Canada for the purpose of forced 
labor and sexual exploitation.  Asian and Eastern European 
crime groups have been involved in trafficking victims from 
Eastern Europe (including Albania and Russia), Africa and 
Asia (including Thailand, Cambodia, Malaysia, Vietnam, the 
Philippines, China and South Korea).  In addition, domestic 
crime rings, using tactics of deception and coercion similar 
to those practiced by international human traffickers, target 
and traffick women from the Atlantic provinces to large urban 
centers in other parts of Canada. 
 
---------- 
PREVENTION 
 
OTTAWA 00000563  004 OF 014 
 
 
---------- 
 
Raising Trafficking Awareness 
 
¶11.  (SBU)  Federal Level Training and Outreach:  The RCMP, 
Canada's national policing agency, has implemented training 
programs to help immigration and customs officers recognize 
trafficking victims.  For example, new cadets at the national 
training academy regularly receive training to recognize 
trafficking victims and implement strategies in combating the 
problem.  The booklet "Human Trafficking:  Reference Guide 
for Canadian Law Enforcement" published in May 2005 by the 
University College of the Fraser Valley (British Columbia) 
Press is used as a training handbook and has been distributed 
to federal, provincial and municipal law enforcement 
officials.  Twice a year, the RCMP conducts week-long 
training seminars with a one-day focus on human trafficking 
for RCMP members and agencies outside the RCMP including, for 
example, the Department of Homeland Security (DHS), the 
Canada Border Services Agency (CBSA) and international police 
forces.  This training includes discussion of relevant 
sections of IRPA and the Criminal Code, and now will include 
the new offenses contained in Bill C-49 (see paragraphs 16 
and 17)  In May 2005, the RCMP organized a training seminar 
for police, prosecutors, other law enforcement officials and 
members of civil society.  RCMP officials participated in 
training and awareness sessions on TIP in Australia and in 
the U.S., the latter in partnership with DHS.  The RCMP is 
currently developing a power point presentation and video for 
use in training trainers for law enforcement officers and 
NGOs.  This initiative is expected to be finalized in spring 
¶2006. A Department of Justice training session for the RCMP 
on Bill C-49 is scheduled for March 2006. 
 
¶12.  (SBU)  In April, to mark Refugee Rights Day, the 
Canadian Red Cross and the Canadian Council for Refugees 
hosted a public forum in Vancouver on human trafficking. 
 
¶13.  (SBU)  In May, the RCMP, the Canadian Department of 
Public Safety and Emergency Preparedness Canada (PSEPC) and 
the British Columbia Justice Institute held the Pacific 
Qthe British Columbia Justice Institute held the Pacific 
Northwest Conference on International Human Trafficking in 
Vancouver.  The conference focused on the arrest and 
prosecution of traffickers. 
 
¶14.  (SBU)  In November, the Canadian Red Cross and the 
Canadian Council for Refugees, with a financial contribution 
from the IWG, co-organized a conference in Vancouver 
entitled, "Look Beneath the Surface:  Community Responses to 
Human Trafficking."  The conference, attended by 200 
participants from civil society, federal/provincial/municipal 
levels of government and faith-based organizations, focused 
on raising awareness, encouraging local activism and 
providing services to trafficking victims. 
 
 
OTTAWA 00000563  005 OF 014 
 
 
-------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
Canadian Anti-Trafficking Legislation 
 
¶15.  (SBU)  Canada's criminal laws prohibit trafficking for 
all purposes regardless of whether the trafficking occurred 
wholly within Canada or whether it involved bringing 
individuals into Canada for the purpose of exploitation. 
 
¶16.  (SBU)  Bill C-49, An Act to Amend the Criminal Code 
(Trafficking in Persons), became law on November 25, 2005. 
The legislation empowers local police, who are not authorized 
to lay charges under the 2002 Immigration and Refugee 
Protection Act (IRPA) that RCMP enforces, to use the Criminal 
Code to arrest individuals for trafficking offenses.  The 
legislation specifically criminalizes trafficking in persons, 
prohibits persons from benefiting economically from 
trafficking in persons and prohibits the withholding or 
destroying of identity, immigration or travel documents to 
facilitate the trafficking of persons. 
 
¶17.  (SBU)  Penalties for C-49, depending on the specific 
charge, include imprisonment for up to 14 years, but can be 
increased to life for aggravating circumstances.  This 
legislation, which does not require any cross-border 
movement, supplements IRPA and related offenses in the 
Criminal Code (fraudulent documentation, prostitution-related 
offenses, physical harm, abduction and confinement, 
intimidation, conspiracy, and organized crime) that have been 
and can be used to combat trafficking.  Trafficking offenses 
under IRPA's Section 118 carry a maximum penalty of life 
imprisonment and a fine of up to $870,000 (Cdn $1 million). 
 
¶18.  (SBU)  Bill C-2, An Act to Amend the Criminal Code 
(Protection of children and other vulnerable persons) and the 
Canada Evidence Act, became law on July 20, 2005.  The 
legislation strengthens provisions in the Code intended to 
protect children and other vulnerable persons from sexual 
exploitation, violence, abuse and neglect.  It facilitates 
the participation of child victims/witnesses and vulnerable 
Qthe participation of child victims/witnesses and vulnerable 
persons by providing testimonial aids, such as screens and 
closed-circuit television, and by eliminating the need for a 
competency hearing prior to the admission of testimony from a 
child under 14.  The new maximum penalty for the offense of 
sexual exploitation of a minor between the ages of 14 and 18 
has been increased from five to ten years and a minimum 
sentence of 45 days has been imposed. 
 
Establishment of an RCMP Trafficking Center 
 
¶19.  (SBU)  In 2005, the RCMP established the Human 
Trafficking National Coordination Center (HTNCC) within the 
Immigration and Passport Branch.  It is currently staffed 
 
OTTAWA 00000563  006 OF 014 
 
 
with two RCMP officers and one analyst; three additional 
officers are expected in the upcoming months.  The Center's 
mandate includes domestic and international coordination of 
intelligence gathering and sharing, monitoring 
investigations, analytical services and data collection.  The 
HTNCC is tasked with developing a national enforcement 
strategy to combat trafficking. 
 
¶20.  (SBU)  There are also six regional RCMP Human 
Trafficking Awareness Coordinators whose responsibilities 
include investigation and intelligence gathering on TIP 
cases, coordination with provincial and municipal law 
enforcement and NGO service providers, as well as training 
outreach to CIC, CBSA and municipal police forces to raise 
their awareness about individuals who are potential 
trafficking victims. 
 
Various Relevant Penalties 
 
¶21.  (SBU)  Maximum penalties for sexual assault offenses 
range from ten years to life imprisonment, dependent upon 
aggravating circumstances and use of a firearm.  Bill C-2 
increases the maximum penalties on summary conviction for 
child specific offenses from six to eighteen months and 
doubles the maximum penalty on indictment for sexual 
exploitation of a young person from five to ten years. 
 
Prostitution 
 
¶22.  (SBU)  The Criminal Code of Canada does not specifically 
prohibit adult prostitution but rather prohibits related 
activities such as solicitation, procuring, living on the 
avails and operating a bawdy house.  Prostitution of persons 
under 18 years of age is prohibited.  There are conflicting 
reports that local Vancouver police regularly raid strip 
clubs or massage parlors but that, in Toronto, this occurs 
only when the community at large complains about them.  In 
Toronto, for instance, strippers, strip clubs and massage 
parlors (but not masseuses) are licensed by the city and, 
while owners of strip clubs and massage parlors are closed 
down for code violations, they are often allowed to obtain 
new licenses for new facilities.  Ontario  courts reportedly 
send approximately 30 men per month to the Toronto "john 
school" in an effort at demand reduction.  In November 2004, 
Qschool" in an effort at demand reduction.  In November 2004, 
a parliamentary sub-committee began a review of Canada's 
solicitation laws in order to improve the safety of sex-trade 
workers and to recommend changes that would limit the 
exploitation of and violence against them.  While the 
hearings have been completed, the final report was not issued 
prior to the dissolution of Parliament in November 2005. 
 
Trafficking Investigations 
 
¶23.  (SBU)  On April 14, 2005, Canadian law enforcement 
brought the first case under IRPA against a Chinese owner of 
 
OTTAWA 00000563  007 OF 014 
 
 
a massage parlor who was charged with two counts of human 
trafficking for bringing women into the country under false 
pretenses and coercing them into prostitution.  His victims 
have voluntarily returned to China, their country of origin, 
and are expected to return for the ten-week trial, expected 
to begin in a Vancouver court on March 28.  However, a 
constitutional challenge has been brought and, at this time, 
it is unclear whether the trial will proceed as planned.  The 
Canadian legal system has no provisions for either 
administrative or grand jury subpoenas, requiring any 
inter-agency cooperation in the form of court orders approved 
by judges.  The result is that the gathering of evidence is 
slower and more cumbersome and it takes longer before cases 
are brought to trial. 
 
¶24.  (SBU)  In 1997, Canada's criminal laws were amended to 
permit Canadian prosecution of Canadian citizens or permanent 
residents who engage in prohibited sexual activity with 
children while abroad.  One individual was charged and 
convicted in June 2005 of child sex tourism offenses under 
Section 7, Sub-section 4.1 of the Criminal Code, for crimes 
committed with children under age 14 in Cambodia.  The 
individual was the subject of an investigation for torturing 
prostitutes in Vancouver.  In the course of the 
investigation, the individual's personal computer was 
confiscated and found to contain a record of his illicit 
international activities.  He was charged with 22 counts of 
assault on adult prostitutes and 16 counts of child sex 
tourism for actions that occurred outside of Canada.  The 
individual pled guilty and is currently serving a ten year 
sentence. 
 
¶25.  (SBU)  On February 24, the provincial Royal Newfoundland 
Constabulary announced the arrests of two individuals, a 
Canadian and a Kuwaiti-born Canadian citizen, on 30 charges 
stemming from  an investigation into a child pornography ring 
in Newfoundland.  The two individuals, whose alleged victims 
include seven girls between the ages of 13 and 16, are 
charged under the Criminal Code with committing a variety of 
Qcharged under the Criminal Code with committing a variety of 
offenses between Sept. 1, 2005 and January 24, 2006, prior to 
the passage of either of the new pieces of legislation 
discussed above. 
 
Federal versus Provincial Prosecutions 
 
¶26.  (SBU)  The prosecution of offenses in Canada is shared 
between the Provincial Attorneys General and the Federal 
Attorney General.  Generally, charges under federal 
legislation other than the Criminal Code, such as those laid 
under IRPA, are prosecuted by federal prosecutors.  Criminal 
Code offenses are prosecuted by provincial prosecutors. 
Provincial Attorneys General may provide the Federal Attorney 
General authority to prosecute Criminal Code cases and the 
Federal Attorney General may provide Provincial Attorneys 
General authority to prosecute IRPA cases, as appropriate; 
 
OTTAWA 00000563  008 OF 014 
 
 
for example, where one set of facts gives rise to numerous 
charges under both IRPA and the Criminal Code, authority may 
be delegated to one Attorney General to prosecute all 
offenses. 
 
Exotic Dancer Visa Program 
 
¶27.  (SBU)  In December 2004, the Canadian government 
eliminated the blanket waiver of the Labor Market Opinion 
that had previously existed for obtaining an "exotic dancer" 
visa.  Currently, in response to an individual employer's 
request to hire a temporary foreign exotic dancer, Human 
Resources and Skills Development Canada (HRSDC) assesses the 
impact on the labor market, produces an opinion and issues a 
letter to the employer for use by the employee in obtaining a 
visa overseas.  An employer is required to provide an 
employment contract, not to exceed one year, that contains, 
among other conditions, various wage and benefit 
requirements.  Provinces are authorized to enforce the 
contract's working conditions.  During calendar year 2005, 
fewer than ten temporary work permits were issued overseas to 
individuals seeking to come to Canada for employment as 
exotic dancers.  During the same period, Citizenship and 
Immigration Canada (CIC) renewed and issued 63 work permits 
in Canada to applicants requesting exotic dancer permits. 
These include applications received at ports of entry from 
nationals of countries not requiring temporary resident visas 
to enter Canada.  Of these, 81% (or 51) were issued to 
Romanian nationals. 
 
South Koreans 
 
¶28.  (SBU)  South Korea was admitted into Canada's Visa 
Waiver Program in 1995.  The decision was reviewed and upheld 
in 2005, after the integrity of the program was substantiated 
by Citizenship and Immigration Canada.  As of November, 
Citizenship and Immigration Canada (CIC) reported that 47 
countries are visa exempt and 140 require visas.  During the 
rating period, there were no specific reports of trafficking 
victims from South Korea by either the Canadian law 
enforcement or NGO community. 
 
Cooperation in International Trafficking Investigations 
 
¶29.  (SBU)  Canada cooperates extensively with the U.S. on 
Q29.  (SBU)  Canada cooperates extensively with the U.S. on 
all matters involving the shared border, including on those 
impacting the crossing of persons and goods.  Joint 
multi-year investigations and operations by U.S. and Canadian 
law enforcement identify, track and lead to the arrests of 
individuals on smuggling charges.  On February 14, a 
cooperative two-year ICE, RCMP and CBSA investigation 
resulted in the arrests of 17 individuals, 12 of whom were 
Canadians, for their alleged part in a smuggling ring that 
passed illegal aliens from the U.S. to Canada and from Canada 
to the U.S.  Over the two years, border officials intercepted 
 
OTTAWA 00000563  009 OF 014 
 
 
more than 100 illegal aliens from China, South Korea, Albania 
and Eastern Europe.  More arrests in this case are expected. 
In addition, there are several additional joint 
investigations currently underway. 
 
¶30.  (SBU)  Canada, with PSEPC in the lead, participates in 
the regular meetings of the Canada-U.S. Cross-Border Crime 
Forum (CBCF).  Canada is working on a Joint U.S./Canadian 
Threat Assessment on Human Trafficking that will be presented 
at the fall 2006 session of the Cross-Border Crime Forum. 
 
¶31.  (SBU)  The GOC reports that Canadian officials have 
received cooperation from source countries in Asia where 
known victims have originated (for instance, in the upcoming 
IRPA prosecutions against an accused Chinese trafficker and 
his two Chinese victims).  The GOC has assisted countries in 
Asia and in Eastern Europe but concerns about the victims' 
identity and the integrity of the investigation limit the 
availability of additional information. 
 
Examples of Programming in Source Regions 
 
¶32.  (SBU)  During the reporting period, the Canadian 
International Development Agency (CIDA) and Foreign Affairs 
Canada (FAC) have funded counter-TIP projects worldwide, 
including in source countries.  Efforts include the 
following: 
 
--  $87,000 (Cdn $100,000) CIDA funding to support UNICEF and 
its partners in advocacy anti-TIP activities with Russian 
authorities and the NGO sector. 
--  $870,000 (Cdn $1 million) CIDA funding to the OSCE's 
Anti-Trafficking Program for awareness raising activities, 
researching the scope of the problem and identifying and 
providing assistance to victims, largely in the Balkans. 
--  $522,000 (Cdn $600,000) CIDA funding for Cambodian women 
and girls to improve awareness and increase available 
protection for domestic violence, abuse and trafficking for 
sexual exploitation. 
--  CIDA is working with the United Nations Interagency 
Program (UNIAP) to address trafficking in Cambodia, China, 
Lao, Myanmar, Thailand and Vietnam. 
--  $87,000 (Cdn $100,000) FAC funds for an anti-TIP 
prevention and reduction project in Benin, Burkina Faso, 
Qprevention and reduction project in Benin, Burkina Faso, 
Ghana, Niger, Nigeria and Togo. 
--  $78,000 (Cdn $90,000) to UNODC for the development of 
multi-lingual public service announcements combating 
trafficking and the production and distribution of a 
feature-length film on the topic. 
--  Over the past year, the Canadian Embassy in Ukraine, in 
cooperation with a variety of international organizations and 
Ukrainian NGOs and government officials, sponsored two 
anti-TIP training courses for some 80 representatives of 
foreign consulates and embassies.  The Embassy has also 
trained call center operators from the International 
 
OTTAWA 00000563  010 OF 014 
 
 
Organization for Migration's (IOM) newly-established Centers 
for Migrant Advice. 
 
International Fora 
 
¶33.  (SBU)  Canada participates in international fora on 
combating trafficking in persons, including the United 
Nations, the Organization of American States (OAS), the North 
Atlantic Treaty Organization (NATO), the International Labor 
Organization (ILO), the Organization for Security and 
Cooperation in Europe (OSCE), the IOM, the Regional 
Conference on Migration (the Puebla Process); the Bali 
Process and the Beijing  10 Platform for Action. 
 
¶34.  (SBU)  On November 14, 2005, Canadian officials 
participated in the international Expert Group Meeting on 
International Trafficking, hosted by South Korea, the focus 
of which was prosecution of traffickers.  Since 1999, the 
RCMP has met annually with Chinese counterparts through the 
Canada/China Working Group that has formalized the countries' 
law enforcement discussions and assisted in human trafficking 
investigations in both countries.  The RCMP also represents 
Canada at the annual Interpol Working Group on Trafficking in 
Women and the Europol Annual TIP Experts meetings.  An RCMP 
official will be chairing a working group session on victim 
protection at the upcoming INTERPOL Working Group Meeting, 
scheduled to take place in April 2006. 
 
International Agreements and Treaties 
 
¶35.  (SBU)   Canada ratified ILO Convention 182 concerning 
the prohibition and immediate action for the elimination of 
the worst forms of child labor on June 6, 2000.  Canada 
ratified ILO Convention 105 on forced or compulsory labor on 
July 14, 1959.  It has not ratified ILO Convention 29. 
Canada ratified the Optional Protocol to the Convention on 
the Rights of the Child on the sale of children, child 
prostitution, and child pornography on September 14, 2005. 
Canada ratified the Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, especially Women and Children, 
supplementing the UN Convention against Transnational 
Organized Crime on May 13, 2002. 
 
------------------------------------ 
PROTECTION AND ASSISTANCE TO VICTIMS 
QPROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
Trafficking Victims' Assistance 
 
¶36.  (SBU)  Protection responsibility is shared among 
federal, provincial/territorial and municipal authorities. 
Challenges exist in coordinating efforts both across Canada 
as well as into individual communities as well as providing 
consistent services across the provinces.  For instance, 
while the government of Ontario provides no funding for safe 
 
OTTAWA 00000563  011 OF 014 
 
 
houses, provincial governments in British Columbia, Alberta 
and Manitoba allocate funds for this purpose. 
 
¶37.  (SBU)  The province of British Columbia, under the 
Ministry of Public Safety and Solicitor General, has taken a 
leading role in encouraging the coalescence of local 
governmental and civil society organizations to meet the 
needs of trafficking victims and currently funds over 150 
programs.  The current budget for victim services in British 
Columbia is $8.26 million (Cdn $9.5 million).  The Ministry's 
Victims Services and Community Programs Division utilizes the 
skills and experience of already established women's, 
immigrant and faith-based organizations to provide a range of 
social, health, rehabilitation and shelter services. 
Municipalities also assist with social services and victims' 
assistance programs and often turn to existing NGOs to meet 
the needs.  Challenges exist in coordinating across these 
various levels of government as well as in providing 
consistent, transparent and accessible services to individual 
victims. 
 
¶38.  (SBU)  While no specific anti-trafficking hotline exists 
in Canada, various hotlines exist for victims of crime.  In 
British Columbia and the Yukon Territory, VictimLINK is a 
toll-free 24/7 service that provides information and 
referrals to crime victims in 26 languages.  Ontario has a 
province-wide toll-free hotline that links crime victims to 
counselors and community services.  Challenges exist in 
making these resources readily known to those who might need 
them.  Officially launched in January 2005 as Canada's 
national tip-line, cypertip.ca has resulted in the arrest of 
17 individuals and 972 websites have been shut down.  In 2005 
- 2006, approximately 5800 reports of potential online sexual 
abuse of children had been received. 
 
¶39.  (SBU)  While not specifically developed to provide a 
response to trafficking victims, the Department of Justice 
established the Victim Fund in 2000 to which NGOs may apply 
for funds to develop programs to fill gaps in service 
delivery to victims. 
 
Protection of Children 
QProtection of Children 
 
¶40.  (SBU)  The British Columbia Ministry of Children and 
Family Development provides protection and guardianship 
services to children and youth to age 19.  Children under the 
Ministry's care, which may include trafficked children, are 
eligible to receive housing, health and dental care, legal 
assistance with immigration and refugee-related matters, 
counseling services and language training, regardless of 
their immigration status.  They may also attend school.  In 
February 2006, the Government of British Columbia committed 
approximately $366 million ($421 million) over four years to 
assist vulnerable children and their families. 
 
 
OTTAWA 00000563  012 OF 014 
 
 
¶41.  (SBU)  The province of Alberta, under the Protection of 
Children Involved in Prostitution Act, provides protective 
intervention for individuals under 18 engaged in prostitution 
as well as a variety of services, including protective safe 
houses to assist youth exiting the sex trade.  The 
legislation imposes penalties for johns and pimps who cause a 
child to be in need of protection under this legislation. 
During the 2001 and 2003 fiscal years, 194 individuals were 
placed into protective safe houses. Saskatchewan provides 
similar protections under the Emergency Protection for 
Victims of Child Sexual Abuse and Exploitation Act. 
 
Shelters 
 
¶42.  (SBU)  While not specifically oriented toward 
trafficking victims, the federal government has invested $1 
billion (Cdn $1.158 billion) in the National Homelessness 
Initiative (NHI) since its inception in 1999.  Within these 
six years, community-based projects have created over 10,000 
permanent beds in shelters and other transitional housing. 
The NHI allocates funds for the purchase, construction and 
renovation of shelters as well as for the establishment of 
new support services, including training, skills development, 
counseling and materials such as clothing and/or blankets for 
those at risk.  Challenges exist, however, in providing 
emergency shelters for trafficking victims and their 
dependents, particularly due to the possible increased risk 
stemming from the organized crime component.  Managers at 
shelters occasionally express resistance in accepting 
trafficking victims and their dependents out of concern that 
their presence may put other clients at risk. 
 
Trafficking Victims' Protection 
 
¶43.  (SBU)  Foreign victims of trafficking in Canada may 
apply for legal status under Canadian immigration law but are 
reportedly often afraid to ask law enforcement for help for 
fear of being deported due to immigration violations.  Many 
academics and members of grassroots organizations, as well as 
some in provincial government and law enforcement circles, 
recognize this short-coming and support a change to Canadian 
Qrecognize this short-coming and support a change to Canadian 
federal immigration law to enable victims to come forward 
without fear of deportation.  Currently, no provision in the 
law exists for a cooling-off period to permit the victim 
legalized status and access to assistance prior to pursuing 
immigration options.  In addition, none of the immigration 
options is accorded automatically but rather on a 
case-by-case basis.  Often, trafficking victims are 
discovered in an RCMP or local police raid and individual law 
enforcement officers contact the Canada Border Services 
Agency (CBSA) and/or Citizenship and Immigration Canada (CIC) 
to seek regularized status for the individual.  Without 
non-immigration alternatives or a formalized system 
specifically oriented toward trafficking victims, the victim 
of trafficking remains at the mercy of the enforcement 
 
OTTAWA 00000563  013 OF 014 
 
 
officials, rather than the subject of a systematic resolution 
to status issues with corresponding assistance programs. 
 
¶44.  (SBU)  There are three primary avenues and one avenue of 
last resort.  The three primary avenues are:  1)  refugee 
and/or protected status determined by an application to the 
Immigration and Refugee Board, 2)  temporary residency (TRP) 
status and 3)  humanitarian and compassionate applications. 
Each of these provisions is complicated if there have been 
prior immigration violations that have resulted in a removal 
order.  The other mechanism, pre-removal risk assessment 
(PRRA) is an option only when an individual is ready to be 
removed from the country and requires various administrative 
steps prior to being granted.  This status is granted to 
approximately 3 to 5 percent of those who apply. 
 
¶45.  (SBU)  Refugee or protected status may be accorded to 
individuals who fear returning to their home country.  Some 
trafficking victims, however, do not leave exploitative 
situations; rather, they experience them in Canada, thereby 
complicated this avenue as a possible solution to their 
status issues.  Individuals request this status designation 
either at a port of entry or in Canada.  If a claimant is 
determined by a CBSA or CIC official to be eligible, the 
claim is forwarded to the Immigration and Refugee Board (IRB) 
for a risk assessment if the individual is returned to 
his/her country of origin.  To qualify, the IRB must 
determine that the individual meets the definition of a 
refugee under various U.N. conventions/protocols.  Once a 
claim is referred to the IRB, an individual may receive 
essential health benefits, welfare and other social services, 
as needed. 
 
¶46.  (SBU)  A foreign national who is otherwise inadmissible, 
including someone who has been trafficked, may apply to CIC 
for a TRP.  If granted, the individual may be permitted to 
stay in Canada for a specific period of time with a possible 
extension.  TRP holders may apply for permanent residence 
after three or five years and may apply for work or study 
permits.  Due to the decentralization that authorizes 
Qpermits.  Due to the decentralization that authorizes 
individual provinces and territories to develop eligibility 
criteria for health care delivery, legal aid and social 
assistance, a TRP holder's access to these services depends 
upon the location in which the service is requested and 
varies accordingly. 
 
¶47.  (SBU)  Humanitarian and compassionate applications, at a 
cost of $478 (Cdn $550), are made to CIC which uses its 
discretionary authority in considering a victim's 
demonstrated ties to Canada.  While this avenue can result in 
permanent residence status and can overcome a pending removal 
order, trafficking victims may find it difficult to meet the 
necessary criteria for approval.  There are no federal 
benefits available to an individual who is granted this 
status. 
 
OTTAWA 00000563  014 OF 014 
 
 
Witness Protection Program 
 
¶48.  (SBU)  The Witness Protection Program Act 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 
RCMP manages the Source Witness Protection Program.  As of 
February 2006, no victims of human trafficking have applied 
for protection under this program. 
 
National Missing Children's Registry 
 
¶49.  (SBU)  The National Missing Children Services (NMCS), a 
national police service, assists law enforcement agencies in 
the investigation, location and return of missing children to 
their parent or legal guardian.  The NMCS, housed within RCMP 
Headquarters in Ottawa, works in partnership with the RCMP, 
CBSA, FAC and DOJ.  In addition to managing missing children 
files and identifying possible links to trafficking in 
persons, the NMCS conducts training workshops for law 
enforcement personnel.  In 2005, four NMCS training workshops 
reached 107 law enforcement personnel and a fall 2005 
national training conference had 130 participants. 
 
POINT OF CONTACT 
 
¶50. (U)  Embassy point of contact is Human Rights Officer 
Lisa Bess Wishman.  Her telephone number is 613-688-5240. 
The fax number is 613-688-3098 and e-mail is 
wishmanlb@state.gov.  Mission-wide, approximately 80 hours 
were spent researching and writing this report. 
 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
WILKINS