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Viewing cable 08OTTAWA346, CANADA'S TIP REPORT SUBMISSION

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Reference ID Created Released Classification Origin
08OTTAWA346 2008-03-07 19:10 2011-04-28 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Ottawa
VZCZCXRO8970
OO RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #0346/01 0671910
ZNR UUUUU ZZH
O 071910Z MAR 08
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7473
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASH DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
UNCLAS SECTION 01 OF 16 OTTAWA 000346 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
G/TIP, G, INL, DRL, PRM, WHA/PPC 
 
E.O. 12958: N/A 
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN KFRD CA
SUBJECT: CANADA'S TIP REPORT SUBMISSION 
 
REF: STATE 2731 
 
1. (SBU) OVERVIEW OF CANADA'S ACTIVITIES TO ELIMINATE TIP 
 
A. Canada is principally a transit and destination country 
for trafficking in persons (TIP).  NGOs estimate that 
approximately 2,000 people are subject to trafficking into 
Canada each year.  The Royal Canadian Mounted Police (RCMP) 
has estimated that approximately 600-800 persons were 
trafficked into Canada annually and that an additional 1,500 
to 2,200 persons were trafficked through Canada into the 
United States. 
 
According to the Canadian government, victims of trafficking 
to or through Canada come primarily from Asia -- in 
particular Thailand, Cambodia, Malaysia, Vietnam -- as well 
as parts of Africa and Eastern Europe.  Victims trafficked to 
Canada are sent largely to Vancouver, Toronto, and Montreal. 
(A member of Korea's national police force is posted to the 
Korean consulate in Vancouver in part to assist with 
trafficking matters.)  Canadian intelligence indicates, and 
Canadian law enforcement findings support, that trafficked 
persons in Canada are predominantly forced to work in the sex 
trade.  A study by Criminal Intelligence Service Canada 
(CISC) confirmed that a link exists between organized crime 
networks and trafficking for sexual exploitation in Canada. 
 
NGOs and faith-based organizations have noted that Canada is 
also a labor trafficking destination. 
 
Canada is not a significant country of origin for victims, 
but ongoing investigations have indicated that some Canadian 
nationals are trafficked domestically.  A report from the 
Standing Committee on the Status of Women cited testimony 
that aboriginal females are at greater risk of becoming 
victims of trafficking. 
 
Canadian government efforts to enhance border integrity and 
security have helped limit the number of irregular migrants 
entering Canada.  The number of improperly documented 
arrivals (IDAs) at Canada's airports is at its lowest since 
the collection of these statistics began in 1989. 
 
The Canadian government and the USG jointly prepared a 
U.S.-Canada Bi-National Assessment of Trafficking in Persons. 
 The Canadian government also released a 2007 Annual Criminal 
Intelligence Service Canada Report on Organized Crime, which 
is available on-line and which provides a general assessment 
of trafficking in persons. 
 
B. As the U.S.-Canada Bi-National Threat Assessment 
highlighted, traffickers tended to be members of larger 
criminal organizations, members of small criminal groups, or 
individual criminals.  Organized crime groups are involved in 
transnational trafficking to varying degrees.  This can range 
from involvement in a specific phase of the TIP cycle (e.g. 
transport) to the facilitation of entire operations, 
including coordinating exploitation in the commercial sex 
trade. 
 
Trafficking victims enter Canada through both legal and 
illegal means.  Some enter with genuine passports, entry 
documents, and/or work visas.  Others use falsified or 
altered entry documents, such as photo substitutions, or gain 
entry as impostors.  Fraudulent offers of employment 
sometimes support applications to obtain visas and convince 
border and consular officials that victims intend to return 
to their countries of origin.  Traffickers sometimes also 
bring victims into Canada utilizing established smuggling 
routes and methods. 
 
Trafficking victims often receive promises of well-paying 
QTrafficking victims often receive promises of well-paying 
jobs as caregivers, waitresses, models or other legal 
occupations.  The use of threats or other forms of coercion 
sometimes compels victims to perform services. 
 
According to NGOs and victim-assistance organizations, labor 
trafficking victims often enter Canada legally with a valid 
work permit.  In many cases, the victims, especially from 
Asia, paid "recruiting agencies" in their home countries to 
arrange agricultural jobs in Canada.  Once in Canada, 
"agents" then inform them they are in Canada illegally and 
threaten to have them deported if they try to escape. 
 
C. Seventeen federal departments and agencies are members of 
an Interdepartmental Working Group on Trafficking in Persons 
 
OTTAWA 00000346  002 OF 016 
 
 
(IWGTIP).  Working group chairs rotate, with senior officials 
from the Justice Canada and Public Safety Canada as the 
current co-chairs.  The IWGTIP includes the Canada Border 
Services Agency (CBSA), Canadian Heritage, the Canadian 
International Development Agency (CIDA), Criminal 
Intelligence Service Canada (CISC), Citizenship and 
Immigration Canada (CIC), Justice Canada, the Department of 
Foreign Affairs and International Trade (DFAIT), Health 
Canada, Human Resources and Social Development Canada, Indian 
and Northern Affairs Canada, the Passport Office, the Privy 
Council Office (PCO), the Public Prosecution Service of 
Canada, Public Safety Canada, the Royal Canadian Mounted 
Police (RCMP), Statistics Canada, and Status of Women Canada. 
 
 
D. There are no systemic limitations on the Canadian 
government's ability to address TIP, nor is there any 
evidence of corruption by Canadian authorities in trafficking 
matters. 
 
Due to Canada's immigration laws, many labor trafficking 
victims enter Canada legally, making it difficult to identify 
and investigate these cases.  NGOs have called for the 
government to commit additional resources to fight labor 
trafficking and investigate employers suspected of 
exploitation. 
 
E. The IWGTIP coordinates and monitors federal 
anti-trafficking efforts effectively.  Canada shares its best 
practices and makes available its assessments in a range of 
international fora, including the OAS, OSCE, UN, G8, the Bali 
Process, and the Regional Conference on Migration.  Canada 
made several presentations related to trafficking at the 
Regional Conference on Migration meetings in 2007 and 2008. 
Canada played an active role in the Open-Ended Interim 
Working Group of Government Experts on Technical Assistance 
in Vienna October 3-5, 2007.  Canada also participated in the 
Vienna Forum to Fight Human Trafficking. 
 
The government does not keep a running country-wide list of 
statistics on TIP cases.  It compiles available data to share 
with the USG, but officials have noted that many arrests and 
investigations are at the provincial -- not federal -- level. 
 However, the federal government has funded a study on the 
feasibility of establishing a national data collection 
framework, including consultations with key stakeholders. 
The outcome of the study is not yet available. 
 
2. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
A. Canada's criminal laws prohibit trafficking in persons 
regardless of whether the trafficking occurs wholly within 
Canada or whether it involves bringing victims into Canada 
for the purpose of exploitation.  Criminal laws apply across 
Canada and provide a uniform approach to addressing 
trafficking in persons and related conduct. 
 
The Criminal Code of Canada contains three specific 
indictable offenses to combat trafficking in persons, 
following the enactment in 2005 of Bill C-49, "An Act to 
Amend the Criminal Code (trafficking in persons)."  The 
Criminal Code sections read: 
 
Section 279.01 - (1) Every person who recruits, transports, 
transfers, receives, holds, conceals or harbors 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 
offense and liable (a) to imprisonment for life if they 
kidnap, commit an aggravated assault or aggravated sexual 
Qkidnap, commit an aggravated assault or aggravated sexual 
assault against, or cause death to, the victim during the 
commission of the offense; or (b) to imprisonment for a term 
of not more than fourteen years in any other case.  (2) No 
consent to the activity that forms the subject-matter of a 
charge under subsection (1) is valid. 
 
Section 279.02 - Every person who receives a financial or 
other material benefit, knowing that it results from the 
commission of an offense under subsection 279.01(1), is 
guilty of an indictable offense and liable to imprisonment 
for a term of not more than ten years. 
 
Section 279.03 - Every person who, for the purpose of 
committing or facilitating an offense under subsection 
279.01(1), conceals, removes, withholds or destroys any 
travel document that belongs to another person or any 
 
OTTAWA 00000346  003 OF 016 
 
 
document that establishes or purports to establish another 
person's identity or immigration status is guilty of an 
indictable offense and liable to imprisonment for a term of 
not more than five years, whether or not the document is of 
Canadian origin or is authentic. 
 
Section 279.04 clarifies that for the purposes of sections 
279.01 to 279.03, a person exploits another person if they 
(a) cause them to provide, or offer to provide, labor 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 labor or service; or (b) 
cause them, by means of deception of the use of threat of 
force or of any other form of coercion, to have an organ or 
tissue removed. 
 
These specific TIP offenses supplemented previously-existing 
Criminal Code offenses that are applicable to trafficking in 
persons cases, including kidnapping, forcible confinement, 
uttering threats, extortion, sexual assault, 
prostitution-related offenses, and criminal organization 
offenses. 
 
The Immigration and Refugee Protection Act (IRPA), which came 
into force in June 2002, also included a human trafficking 
offense (Section 118) that applies to cases involving 
trans-border trafficking, as well as offenses that are 
applicable to trafficking.  The trafficking-related IRPA 
citations read: 
 
Section 117 - (1) No person shall knowingly organize, induce, 
aid or abet the coming into Canada of one or more persons who 
are not in possession of a visa, passport, or other document 
required by this Act.  (2) A person who contravenes 
subsection (1) with respect to fewer than 10 persons is 
guilty of an offense and liable (a) on conviction on 
indictment (i) for a first offense, to a fine of not more 
than C$500,000 (approximately US$485,000) or to a term of 
imprisonment of not more than 10 years, or to both, or (ii) 
for a subsequent offense, to a fine of not more than 
C$1,000,000 (US$967,000) or to a term of imprisonment of not 
more than 14 years, or to both; and (b) on summary 
conviction, to a fine of not more than C$100,000 (US$97,000) 
or to a term of imprisonment of not more than two years, or 
to both. (3) A person who contravenes subsection (1) with 
respect to a group of 10 persons or more is guilty of an 
offense and liable on conviction by way of indictment to a 
fine of not more than C$1,000,000 (US$967,000) or to life 
imprisonment, or to both.  (4) No proceedings for an offense 
under this section may be instituted except by or with the 
consent of the Attorney General of Canada. 
 
Section 118 - (1) No person shall knowingly organize the 
coming into Canada of one or more persons by means of 
abduction, fraud, deception or use of threat of force or 
coercion. (2) For the purpose of subsection (1), "organize", 
with respect to persons, includes their recruitment of 
transportation and, after their entry into Canada, the 
receipt or harboring of those persons. 
 
Section 119 - A person shall not disembark a person or group 
of persons at sea for the purpose of inducing, aiding or 
abetting them to come into Canada in contravention of this 
Act. 
 
Section 120 - A person who contravenes section 118 or 119 is 
guilty of an offense and liable on conviction by way of 
Qguilty of an offense and liable on conviction by way of 
indictment to a fine of not more than C$1,000,000 (US$ 
967,000) or to life imprisonment, or to both. 
 
Section 121 - (1) The court, in determining the penalty to be 
imposed under subsection 117(2) or (3) or section 120, shall 
take into account whether (a) bodily harm or death occurred 
during the commission of the offense; (b) the commission of 
the offense was for the benefit of, at the direction of or in 
association with a criminal organization; (c) the commission 
of the offense was for profit, whether of not any profit was 
realized; and (d) a person was subjected to humiliating or 
degrading treatment, including with respect to work or health 
conditions or sexual exploitation as a result of the 
commission of the offense.  (2) For the purposes of paragraph 
(1)(b), "criminal organization" means an organization that is 
believed on reasonable grounds to be or to have been engaged 
in activity that is part of a pattern of criminal activity 
 
OTTAWA 00000346  004 OF 016 
 
 
planned and organized by a number of persons acting in 
concert in furtherance of the commission of an offense 
punishable under an Act of Parliament by way of indictment or 
in furtherance of the commission of an offense outside Canada 
that, if committed in Canada, would constitute such an 
offense. 
 
B. Criminal Code Section 279.01 states that the maximum 
penalty for a person convicted of a trafficking in persons 
offense, including trafficking for the purpose of sexual 
exploitation, is life imprisonment where it involves 
kidnapping aggravated assault or sexual assault, or death and 
a maximum penalty of 14 years in all other cases.  The 
maximum penalty for a trafficking in persons conviction under 
IRPA is life imprisonment and/or a fine not exceeding 
C$1,000,000 (US$967,000). 
 
C. The provisions outlined above also apply to trafficking 
for the purposes of forced labor, with the same penalties. 
Canada's criminal laws also apply to offenses that have taken 
place, in part, in another country, provided that there is a 
factual link between Canada and the offense. 
 
D. The maximum penalties for sexual assault offenses range 
from ten years to life imprisonment.  The penalty is 10 years 
for sexual assault, a maximum of 14 years with a mandatory 
minimum penalty of four years where a firearm is used for 
sexual assault with a weapon, and a maximum of life 
imprisonment with a mandatory minimum penalty of four years 
where a firearm is used for aggravated sexual assault. 
 
On February 28, 2008, Bill C-2, "The Tackling Violent Crime 
Act," received Royal Assent after passage by both houses of 
Parliament.  Bill C-2's reforms included increasing these 
mandatory minimum penalties to five years for a first offense 
and seven years for a second or subsequent offense for eight 
specific offenses involving the actual use of firearms 
(attempted murder, discharging a firearm with intent, sexual 
assault with a weapon, aggravated sexual assault, kidnapping, 
hostage taking, robbery, and extortion), when the offense is 
gang-related, or with use of a restricted or prohibited 
firearm such as a handgun. 
 
E. The Criminal Code does not prohibit adult prostitution. 
However, three classes of activities related to prostitution 
are illegal: keeping or being an inmate in a common 
bawdy-house (S.210); procuring or living on the avails of 
prostitution (S.212); and, communicating in a public place 
for the purpose of engaging in prostitution (S.231). 
 
All prostitution involving minors (under age 18) is illegal. 
Criminal Code subsection 212(2) imposed a maximum penalty of 
14 years imprisonment for living on the avails of the 
prostitution of a person under 18 years.  Subsection 212(2.1) 
imposed a mandatory minimum penalty of five years and a 
maximum of 14 years for living on the proceeds of the 
prostitution of a person under 18 through the use of 
force/intimidation/coercion.  Subsection 212(4) prohibited 
obtaining for consideration the sexual services of a minor, 
or communicating with anyone for that purpose, and imposed a 
mandatory minimum penalty of six months and a maximum of five 
years imprisonment. 
 
F. During the reporting period, Canadian authorities filed at 
least 13 charges involving cases of alleged trafficking for 
sexually exploitative purposes under section 279.01 of the 
Criminal Code.  Additionally, Canadian authorities filed at 
QCriminal Code.  Additionally, Canadian authorities filed at 
least four charges under section 279.03 of the Criminal Code. 
 These cases involved both adult and child victims.  Some of 
these victims were brought into Canada to be exploited, while 
others originated from within Canada.  The Canadian 
government has noted that some municipal, territorial, and 
provincial investigations, prosecutions, and convictions of 
trafficking-related cases may not have been reported to the 
federal government. 
 
The RCMP was involved in numerous trafficking in persons 
investigations during the reporting period, including in 
partnership with municipal police forces across Canada and, 
in some cases, with U.S. state or federal law enforcement 
agencies. 
 
To date, Canadian courts have not convicted anyone under 
either the IRPA or Criminal Code trafficking in persons 
offenses. 
 
 
OTTAWA 00000346  005 OF 016 
 
 
In June 2007, a British Columbia court issued its decision in 
R. v. Ng, Canada's first prosecution under IRPA Section 118. 
Ng was cleared of all trafficking charges, but was found 
guilty of a number of other offenses related to the use of 
false documents, pimping, and the keeping of a common bawdy 
house.  Sentencing deliberations are ongoing. 
In May 2007, Canada filed its first charge of human 
trafficking under its 2005 Criminal Code amendment 
specifically dealing with trafficking in persons.  The RCMP 
charged two Canadian citizens -- Nichan Manoukian and his 
wife Manoudshag Saryboyadjian -- with trafficking in persons, 
receiving material benefit from trafficking, and withholding 
travel or identity documents related to their treatment of 
their Ethiopian nanny.  In December 2007, however, the Crown 
withdrew the criminal charges against them, citing new 
evidence. 
 
In January 2008, the Toronto Police Service filed human 
trafficking and prostitution charges against six individuals 
of Russian and Ukrainian descent.  The case came to light 
after a Romanian woman walked into a Toronto Police Service 
substation and answered that she was being forcibly held and 
forced to perform prostitution-related services.  According 
to police information, the woman and another victim -- a 
Russian national whom police located after the original 
victim entered a police station -- traveled to Canada on 
forged Israeli passports.  Legal proceedings against the six 
accused are ongoing. 
 
NGOs have commented that Canada should more proactively seek 
out instances of trafficking by investigating massage parlors 
and escort services and that Canada's "reactive" approach to 
trafficking was one reason for its lack of trafficking 
convictions. 
 
G. The RCMP provides law enforcement training on trafficking 
in persons bi-annually at its Immigration and Passport 
Investigators Course for its own staff and officials from 
other agencies and police forces.  The week-long training 
session includes a full day dedicated to trafficking in 
persons and includes in-depth informative training and 
discussion on relevant sections of the IRPA and the Criminal 
Code, as well as training on current investigative techniques 
and identification of potential victims. 
 
In addition, in 2007 the RCMP organized a series of regional 
events involving an integrated training approach for 
front-line officers.  These week-long events consisted of 
scenario-based workshops with presentations by the RCMP, 
Justice Canada, CBSA, CIC, and the Public Prosecution Service 
of Canada, along with presentations of TIP case studies from 
municipal police services across Canada.  Sessions took place 
in May 2007 in Toronto, November 2007 in Edmonton, and 
February 2008 in Atlantic Canada.  There will be 
approximately twelve more TIP workshops across Canada in 2008. 
 
During various training courses, presenters provide 
information on the temporary resident permit (TRP) available 
to foreign nation victims of trafficking.  Presenters also 
provide participants with a 24-hour toll-free number should 
they need more information on the program during non-business 
hours. 
 
The RCMP Human Trafficking National Coordinating Center 
(HTNCC) also provides TIP awareness to new RCMP recruits. 
 
CBSA Migration Integrity Officers (MIOs) receive extensive 
specialized training, including training in passport and 
Qspecialized training, including training in passport and 
document fraud, intelligence collection and reporting, 
identification of inadmissible persons, threats to national 
security, and detection of migrant smuggling and trafficking 
in persons.  All CBSA Border Services Officers undergo 
immigration training during a 13 week Port of Entry Recruit 
Training program at the CBSA Learning Center.  An interactive 
computer-based training package will also be available 
electronically to officers in the field. 
 
CBSA officers also receive training on the special needs of 
smuggled or trafficked children, as well as on how to 
identify and assist missing and abducted children. 
 
Immigration officers receive training on the global problem 
of trafficking in persons, including how to recognize and 
interact with a potential victim of trafficking and potential 
referral services. 
 
 
OTTAWA 00000346  006 OF 016 
 
 
Justice Canada officials work closely with the UN Office on 
Drugs and Crime on the development of an advanced training 
manual for law enforcement, prosecutors, and the judiciary, 
as well as model legislation addressing not only the criminal 
law requirements contained in the Trafficking Protocol, but 
also measures to provide assistance and protection to 
trafficking victims.  Canada actively participated in the 
development of Regional Guidelines for Special Protection in 
Cases of Repatriation of Child Victims of Trafficking, 
approved in April 2007, at the New Orleans Regional 
Conference on Migration. 
 
H. Canada cooperates fully with other governments in the 
investigation and prosecution of trafficking cases. 
 
In addition to ratifying the Convention against Transnational 
Organized Crime and its protocols on migrant smuggling and 
TIP, Canada has bilateral and multilateral treaties dealing 
wholly or partially with mutual legal assistance. The Mutual 
Legal Assistance in Criminal Matters Act enables Canadian 
authorities to respond to treaty requests to obtain search 
warrants, evidence gathering orders, and other warrants 
available under the Criminal Code on behalf of a requesting 
state assuming the legal and evidential basis for the order 
exists. 
 
During the reporting period, Justice Canada received one 
request for mutual legal assistance in relation to a 
trafficking case that is currently under investigation by 
another country.  The RCMP continues to participate in a 
Canada/China working group on law enforcement, including 
trafficking in persons investigations. 
 
RCMP International Liaison Officers are stationed throughout 
the world, responsible for developing and maintaining liaison 
as well as exchanging information with foreign officials and 
international partners, including in source countries such as 
Asia and Europe.  According to the federal government, the 
RCMP and municipal police services are now involved in 
several international trafficking in persons investigations. 
 
I. Canada's Extradition Act, along with various extradition 
agreements, provides the legal framework to extradite persons 
from Canada at the request of an extradition partner for the 
purposes of prosecuting that person, imposing a sentence upon 
them, or enforcing a sentence on that person.  Generally, the 
offense for which the extradition is requested must be 
punishable by imprisonment of at least two years.  Canada 
cooperates with other countries to extradite individuals, 
including its own nationals, when trafficking offenses take 
place abroad. 
 
J. There is no evidence of any government involvement in, or 
tolerance of, trafficking. 
 
K. There is no evidence of any government involvement in 
trafficking in persons. 
 
L. There are no known cases of any Canadian officials abroad 
engaging in or facilitating trafficking in persons.  The 
government has pledged vigorously to investigate and, as 
appropriate, prosecute any officials suspected of such 
involvement under Canada's laws. 
 
According to NGO representatives and other TIP experts, there 
are no known instances of any members of the Canadian Forces 
engaging in trafficking-related activity while on 
peacekeeping missions overseas. 
 
M. Canada is a source country for sex tourists.  According to 
NGOs and activists, anecdotal evidence suggests Canada is 
also a destination country, particularly for sex tourists 
Qalso a destination country, particularly for sex tourists 
from the United States.  ECAPT International's 2006 report on 
Canada, as well as Canadian NGOs, reported some evidence that 
individuals traveled to Canada to take advantage of the 
country's relatively low age of sexual consent.  In February 
2008, however, the Canadian Parliament acted to help protect 
children by passing Bill C-2, the "Tackling Violent Crime 
Act," which raised the age of consent to sexual activity 
(non-commercial) from 14 to 16 years old. 
 
The Criminal Code allows Canada to prosecute Canadian 
citizens and permanent residents who sexually assault 
children abroad when the alleged criminal is not 
charged/convicted by the country in which the offense is 
alleged to have been committed.  An amendment to the Code in 
 
OTTAWA 00000346  007 OF 016 
 
 
1997 permitted the prosecution of Canadian citizens or 
permanent residents who engage in prohibited sexual activity 
with children while abroad (subsection 7(4.1)), including 
seeking/obtaining the sexual services of any person under 18 
years.  This legislation stipulated that Canada could 
initiate prosecution only at the request of the country where 
the crime reportedly happened, as well as the consent of 
Canada's Attorney General, except in cases of child 
prostitution.  In 2002, Parliament passed Bill C-15A ("An Act 
to Amend the Criminal Code and to Amend Other Acts"), which 
simplified the process of prosecuting Canadians who sexually 
assault children abroad by removing the requirement that the 
country in which the crime was committed must request the 
criminal be prosecuted in Canada. 
 
Canada has convicted one person of sex tourism, a Vancouver 
hotel worker who pleaded guilty to acts of sexual aggression 
(seven of which were against a minor in Asia) and received a 
10 year sentence in 2005. 
 
Two additional cases are currently before the courts in 
Canada.  The Canadian government is aware of at least 110 
cases involving Canadians charged with/prosecuted by 
destination countries for engaging in child molestation. 
 
NGOs and outside experts have commented that Canada has the 
necessary laws on the books but does not enforce these laws 
actively enough.  Specifically, they have recommended that 
Canada station RCMP officers abroad dedicated solely to 
investigating sex tourism, and have criticized Canada for 
seeming to prefer to have the country in which the crime was 
alleged to have taken place prosecute Canadian and other 
foreign sex tourists.  They cited the fact that Canada has 
only convicted one person for sex tourism as evidence that 
Canada is not doing enough. 
 
3. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS 
 
A. In June 2007, Canada's Minister of Citizenship and 
Immigration introduced new measures extending the length of 
temporary resident permits (TRPs) for victims of human 
trafficking to 180 days, up from the previous 120 days. 
Victims are also now eligible to apply for a fee-exempt work 
permit, an option previously unavailable.  Depending on the 
circumstances of individual cases, victims can seek renewal 
of their TRPs at the end of the 180-day period. 
 
May 2006 guidelines provide TRP holders with access to 
Canada's Interim Federal Health Program, which covers 
essential and emergency health services for the treatment and 
prevention of serious medical conditions and the treatment of 
emergency dental conditions.  In the case of trafficking 
victims, trauma counseling is also included. 
 
Trafficking victims are not required to testify against their 
trafficker to gain temporary or permanent immigrations 
status.  Canada has undertaken efforts to encourage the 
participation of victims in supporting the prosecution of 
alleged offenders including the provision of victim support 
and assistance and the use of testimonial aids. 
 
There are additional avenues available for individuals to 
remain in Canada temporarily or permanently, such as 
provisions for humanitarian and compassionate consideration 
and the permit holder class.  Persons who feel at risk of 
persecution, torture, or cruel and unusual treatment or 
punishment upon return to their countries of nationality may 
make an in-Canada refugee claim. 
Qmake an in-Canada refugee claim. 
 
In October 2007, a member of the Senate of Canada introduced 
bill S-218 (The Protection of Victims of Human Trafficking 
Act) to codify as law the procedures for trafficking victims 
to receive temporary resident status.  The bill would amend 
IRPA to provide for the issuance of a victim protection 
permit authorizing a trafficking victim to remain in Canada 
as a temporary resident for 180 days, or for three years in 
certain circumstances.  The bill remains under consideration 
in the Senate. 
 
B. The protection of victims of crime is a shared 
responsibility between the federal and provincial/territorial 
governments.  Numerous programs and services are available to 
victims of crime, including trafficking victims.  These range 
from health care to emergency housing and social and legal 
assistance.  Each province and territory separately 
administers legal aid programs, with eligibility based 
 
OTTAWA 00000346  008 OF 016 
 
 
primarily upon financial need.  Similarly, social services 
such as emergency financial assistance, including food 
allowances and housing, are at the provincial and territorial 
levels and available to those in need. 
 
NGOs and faith-based organizations have claimed that the 
majority of victims rely upon them for assistance such as 
shelter and food.  Some of these organizations receive 
government funding.  See Section 2 (C) below. 
 
In October 2007, a Member of Parliament submitted a motion 
(M-217) to the House of Commons urging the government to 
establish safe houses under federal jurisdiction but run by 
NGOs to provide medical treatment and shelter for trafficking 
victims.  The motion includes a stipulation of making the 
shelters known to female immigrants from 15 to 21 years old, 
by providing them with the shelters' telephone numbers upon 
arrival in Canada.  The motion remains in the Commons. 
 
C. The government provides funding and other forms of support 
to foreign and domestic NGOs for services to victims.  In 
2000, the government established the Victims' Fund at Justice 
Canada to encourage the development of new approaches to meet 
the needs of crime victims.  Community groups and NGOs may 
apply to the Victims' Fund to develop programs to fill gaps 
in the delivery of services to victims.  The Policy Center 
for Victim Issues at Justice Canada also provides 
victim-support by commissioning research on victim-related 
issues, creating and disseminating fact sheets on victim 
issues, and consulting with NGOs and victims. 
 
In 2007, the government provided C$5 million (US$4.8 million) 
to support initiatives to increase victims' confidence, raise 
awareness about the needs of crime victims, and facilitate 
the provision of available services and assistance to victims 
and their families.  In 2007, the government also allocated 
an additional C$52 million (US$50.2 million) over the next 
four years for programs, services, and funding to support 
federal, provincial, and territorial efforts to meet the 
needs of victims of crime. 
 
DFAIT and CIDA provide technical assistance and foreign aid 
overseas to support the prevention of trafficking, the 
prosecution of traffickers, and the protection of victims, 
including: 
 
-- CIDA, in partnership with Save the Children Canada, funds 
Fight against Child Trafficking in West Africa, which aims to 
eliminate the trafficking of children into forced labor and 
to support the rehabilitation of children who have been 
trafficked in West Africa; 
-- CIDA supports the OSCE/ODIHR Anti-Trafficking Program 
European regional program to combat trafficking, which is 
working to coordinate and implement activities across the 
former Soviet Union and South-East Europe; 
-- From 2004-2010, CIDA supports the Southeast Asia Regional 
Cooperation in Human Development (SEARCH) program, which 
works with the United National Interagency Program to address 
trafficking in persons in the Greater Mekong Sub-region. 
D. Please see Section 2 (G) for examples of training efforts, 
which include modules on recognizing and protecting victims. 
 
The RCMP has updated the existing TIP reference guide for 
Canadian law enforcement to include additional information 
about the identification and protection of victims and useful 
tips for interviewing victims.  The government will 
distribute the guides to law enforcement throughout Canada. 
Qdistribute the guides to law enforcement throughout Canada. 
Training for law enforcement officers includes sensitization 
to the special needs of victims prior to the execution of 
operations, i.e. prior to a raid on a massage parlor, when 
both victims and offenders may be on-site.  The RCMP has also 
developed step-by-step guidelines for international and 
domestic cases on how to treat victims once they are 
identified.  The RCMP, in conjunction with its federal 
partners, prepared an anti-TIP training film on how to 
identify and protect victims.  The RCMP shows the film to 
NGOs and law enforcement groups.  The RCMP is currently 
developing a new awareness film that will include information 
about domestic trafficking cases, as well as labor 
trafficking. 
 
CIC's guidelines to assess whether a foreign national may be 
a victim of trafficking in persons include a checklist of 
indicators to assist officers in distinguishing a possible 
TIP victim from a routine case of irregular migration.  When, 
in the judgment of an officer, an adequate number of 
 
OTTAWA 00000346  009 OF 016 
 
 
indicators are present, the officer has the option of 
referring the possible TIP victim to CIC for consideration 
for a TRP.  The guidelines instruct both CIC and CBSA 
officers to take action to ensure the safety of the possible 
victim and ensure that the possible victim is separated from 
the control and custody of any possible trafficker.  They 
also must coordinate with partners to ensure the victim will 
go to a shelter or receive police protection, as appropriate. 
 The guidelines advise officers to proceed with extreme tact 
and sensitivity once a person is identified as a possible TIP 
victim.  The guidelines also include special provisions for 
dealing with child victims of trafficking.  From March 2007 
to February 2008, 
CIC issued TRPs in this category to four people. 
 
E. As noted in Section 2 (F), while prostitution is not 
illegal in Canada, many of the activities surrounding it are 
illegal.  Also, as noted in Section 2 (D), law enforcement 
officers receive training on how to identify trafficked 
victims and how to be sensitive to their special needs. 
 
F. Canada respects the rights of victims.  The Canadian 
Statement of Basic Principles of Justice for Victims of Crime 
outlines the basic principles that guide the development of 
policy, programs, and legislation pertaining to all victims 
of crime in Canada. 
 
G. The government does not require victims to assist in the 
investigation or prosecution of alleged offenders.  However, 
victims who are supported and assisted throughout the 
criminal justice process are more likely to support a 
criminal prosecution.  Toward this end, Canada's Criminal 
Code contains numerous provisions to facilitate a 
victim's/witness's participation in criminal proceedings. 
Many of these aids have been available to child 
victims/witnesses since 1998.  In 2005, Canada expanded these 
provisions so that they are available to vulnerable adult 
victims and witnesses as well, including TIP victims.  The 
provisions include: 
 
Section 486.1 - (1) Authorizes the presence of a support 
person for a child witness or person with a mental or 
physical disability when that person testifies in any 
proceeding unless the support person's presence would 
interfere with the proper administration of justice.  (2) 
Authorizes the presence of a support person for all other 
witnesses where doing so would be necessary to obtain a full 
and candid account from the witness of the acts complained 
of.  In determining whether to permit a support person in 
this case, the judge/justice must take into consideration the 
age of the witness, whether the witness has a physical/mental 
disability, the nature of the offense, the nature of any 
relationship between the witness and the accused and any 
other circumstances that are considered relevant by the 
judge/justice. 
 
Section 486.2 - (1) Authorizes the giving of testimony 
outside of the court room (via closed/circuit television) or 
behind a screen or other device by a child witness or of a 
witness who has difficulty communicating evidence by reason 
of a mental of physical disability.  Such measures must not 
interfere with the proper administration of justice.  (2) 
Authorizes the giving of testimony outside the court room 
(via closed/circuit television) or behind a screen or other 
device for all other witnesses if the judge/justice is of the 
opinion that it is necessary to obtain a full and candid 
Qopinion that it is necessary to obtain a full and candid 
account from the witness of the acts complained of.  In 
determining whether to permit such measures, the 
judge/justice must take into consideration the age of the 
witness, whether the witness has a physical/mental 
disability, the nature of the offense, the nature of any 
relationship between the witness and the accused and any 
other circumstances that are considered relevant by the 
judge/justice. 
 
Sections 714.1-714.4 authorize a witness to provide evidence 
by means of audio or video technology, where deemed 
appropriate by the court, from either within Canada or 
outside Canada. 
 
While the government does not keep statistics regarding the 
number of victims who participated in the investigation and 
prosecution of trafficking offenses, available information 
indicates that, during the reporting period, a number of 
victims did assist in investigations and prosecutions. 
 
 
OTTAWA 00000346  010 OF 016 
 
 
A victim is entitled to prepare a victim impact statement, 
which is a written statement made by the victim that 
describes the harm done to the victim and, more generally, 
the impact the crime has had on his/her life.  The court must 
take statement into account when considering the sentence of 
the guilty. 
 
Civil redress against perpetrators of crime is a matter of 
provincial/territorial responsibility in Canada.  The 
provinces and territories have enacted legislation in their 
respective jurisdictions that outline numerous rights for 
victims of crime including, in most cases, the right to seek 
compensation. 
 
At the federal level, the Criminal Code authorized the 
imposition of a victim surcharge in addition to any other 
sentence ordered for an offender convicted or discharged of 
an offense.  This money funds, 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 can be issued in 
three instances: (a) to cover the cost of damage, the loss of 
or destruction of the property of any person as a result of 
the commission of an offense; (b) to cover all pecuniary 
damages, including loss of income or support, to any person 
who has suffered bodily harm as the result of the commission 
of an offense; and (c) to cover the cost of all actual and 
reasonable expenses incurred by a member of the offender's 
household associated with a person having to move out of that 
household to cover temporary housing, food, child care and 
transportation, the offender is required to pay an amount 
directly to the victim to cover monetary losses or damage to 
property caused by the crime. 
 
H. See Section 3 (B-C) above. 
 
The Witness Protection Program Act provides 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 Source Witness 
Protection Program is housed within the RCMP.  As of February 
2008, no victims of human trafficking had applied for 
protection under this program. 
 
In 2007, the Manitoba provincial government introduced 
legislation to codify provincial efforts to protect witnesses 
in high-risk cases.  The proposed law would create a Witness 
Security Program to provide protection to witnesses in 
criminal cases who are assessed to be at risk of injury or 
death if they testify. 
 
Victim service delivery is also the responsibility of 
provincial/territorial governments.  Each of the provinces 
and territories has set up victim services to address the 
needs of victims.  Not all provincial/territorial victim 
services follow the same model.  They include court-based, 
police-based, and system-based.  The specific services 
offered to victims, including those offered in shelters, may 
include: the provision of information; support and referral; 
short-term counseling; court preparation and accompaniment; 
assistance in the completion of victim impact statements; 
and, corrections information.  Services are provided to all 
victims of crime, although some provinces provide specialized 
Qvictims of crime, although some provinces provide specialized 
services including specific child victim witness programs, 
assistance under provincial family violence legislation, 
sexual assault/rape crisis centers, violence awareness 
programs for women, partner assault response programs, 
services to women and children, and initiatives from 
aboriginal victims. 
 
Provinces and territories are also primarily responsible for 
the administration and enforcement of laws related to 
children and youth, as well as the provision of socio-legal 
services geared towards children.  All provinces and 
territories have child protection laws and agencies 
responsible for assisting children in need, focused on the 
principle of the best interest of the child.  Where a child 
is found to be in need of protection, an array of services to 
meet the needs of the child comes into play. 
 
I. Please see Section 2 (D) and Section 3 (D) for information 
 
OTTAWA 00000346  011 OF 016 
 
 
on training, including with respect to the needs of children. 
 
Canadian embassies, consulates, and missions abroad fight 
against trafficking in persons through the development of 
relationships with NGOs and participation in international 
conferences.  The Canadian government has developed consular 
guidelines for Canadian diplomats on the sexual exploitation 
of children by Canadians abroad.   These guidelines discuss 
the law concerning child sex tourism and recommend referral 
of complaints to the local law enforcement/local Interpol 
office/RCMP liaison officer. 
 
J. Social programs such as health care, emergency housing, 
legal aid, or emergency financial assistance are primarily at 
the provincial/territorial levels in Canada.  Canadian 
citizens and residents are entitled to apply for these 
services as a right, although the exact eligibility 
requirements for services based on financial need varies by 
jurisdiction.  None of these services is explicitly linked to 
whether an individual is a victim of crime, however. 
 
K. DFAIT also provides support to combat trafficking in 
persons internationally through a variety of funding sources. 
 It makes a C$2.45 million (US$2.4 million) annual 
contribution to the UN Office on Drugs and Crime and the 
Global Peace and Security Fund. 
 
Other DFAIT-funded anti-trafficking projects during the 
reporting period include: 
 
-- Support to the UN Convention on Transnational Organized 
Crime  -- priority to Latin America (Partner: UNODC): this 
project provides technical assistance to bring the UN 
Convention Against Transnational Organized Crime and its 
protocol (including the Human Trafficking Protocol) into 
effect as soon as possible; 
-- Strengthening of National and Regional Capacities in 
Preventing and Combating Trafficking in Persons in Central 
America (Partner: UNODC): this project supports governments, 
civil society, and the international community in the 
harmonization of legislation to comply with the requirements 
of the UN Trafficking in Persons Protocol; 
-- Strengthening of the legal and law enforcement 
institutions to prevent and combat human trafficking in Lao 
PDR (partner: UNODC): this project strengthens Laos' ability 
to investigate, prosecute, and convict traffickers through a 
needs assessment and proposed amendments to criminal law 
structures, training for criminal justice practitioners, and 
law enforcement; 
-- UN Global Initiative to Fight Human Trafficking - Meeting 
on Trafficking in Children and Armed Conflict in Cote 
d'Ivoire (Partner: UNODC): this project addresses the need 
for strengthened capacities of anti-trafficking national task 
forces, law enforcement agencies, the judiciary, and other 
relevant practitioners in Central and West Africa; 
-- Preventing Human Trafficking in the Malai District 
(Partner: IOM Cambodia): this project promotes community 
prevention efforts against trafficking in persons along the 
Cambodian/Thai border; 
-- Caribbean anti-Trafficking in Persons Awareness Raising 
Seminar (Partner: OAS Department of Public Security): this 
project increases awareness by all sectors of Caribbean 
society of the scope of the trafficking in persons situation 
through awareness raising and training governmental officials 
on how to identify and protect  trafficked victims; 
-- Anti-Trafficking in Persons Train-the-Trainer Program for 
Q-- Anti-Trafficking in Persons Train-the-Trainer Program for 
Peacekeeping Personnel from the Americas (partner: OAS DPS): 
this project strengthens the capacity of Latin American and 
Caribbean peacekeeping forces to recognize the crime of 
trafficking in persons and contribute to its prevention; 
-- Shattered Dreams: Raising Awareness Among Vulnerable 
Adolescents and Others on the Risks and Consequences of Human 
Trafficking (Partner: IOM): this program disseminates the 
animated video "Shattered Dreams," which aims at raising 
awareness among vulnerable adolescents about the risks 
associated with human trafficking in Thailand, Laos, Vietnam, 
and Cambodia; 
-- Organized Crime: A Threat to the Caribbean (Partner: OAS - 
DPS): the project brought together a group of experts from 
four areas related to organized crime, including trafficking 
in persons and presented recommendations to the General 
Secretariat; 
 
SIPDIS 
-- Three anti-trafficking projects in Haiti: an IOM project 
supports the Haitian government's development of a 
comprehensive counter-trafficking strategy; the Pan-American 
Development Foundation migration project focuses on 
 
OTTAWA 00000346  012 OF 016 
 
 
stabilization and reconstruction of the Haiti-Dominican 
Republic border region, which will strengthen the capacity of 
the Haitian government and civil society to combat 
trafficking and provide services to victims of trafficking; 
and, an IOM project to enhance the Haitian government's 
capacity to manage borders and regular migration flows 
through the implementation of a legislative review, provision 
of equipment at ports of entry, and the integration of Haiti 
into a regional consultative process on migration. 
 
Since 1996, Human Resources and Social Development Canada has 
supported the ILO's International Program for the Elimination 
of Child Labor's projects to eliminate child slavery, debt 
bondage, serfdom, and other exploitative labor practices. 
 
4. (SBU) PREVENTION 
 
A. Canada fully recognizes that trafficking is a significant 
problem. 
 
B. The government supports a broad range of trafficking in 
persons prevention and awareness measures. 
 
In 2007, Justice Canada funded the development of an 
education booklet for the public on trafficking in persons. 
This builds on previous efforts including anti-trafficking 
posters and pamphlets, as well as a website. 
 
Through Status of Women Canada and its two funds -- the 
Women's Community Fund and the Women's Partnership Fund -- 
Canada supports community and collaborative projects to 
advance the equality of women, with violence against women 
one of the two priority issues for 2007-2008. 
 
The RCMP continues to work to raise awareness, both within 
the law enforcement community and the general public, such as 
programs organized in Ottawa in early 2008 by Zonta 
International.  The RCMP also raises awareness in the law 
enforcement community with several TIP tools, including a 
reference guide, awareness cards, posters, and a TIP film. 
These awareness tools are part of law enforcement tool kits 
that hundreds of law enforcement officials received in 2007. 
 
CIC, in collaboration with Human Resources and Social 
Development Canada, distributes information to temporary 
foreign workers informing them where they can seek assistance 
on issues related to employment as well as health and safety 
standards.  Live-in caregivers and their employers receive 
information from a CIC publication, "The Live-In Caregiver 
Program."   The publication contains a sample contract, 
contact information for provincial/territorial labor 
standards officers, and live-in caregiver associations.  The 
Canadian visa office in Manila funds in-person group 
orientation sessions further to prepare live-in caregivers 
for work in Canada. 
 
In January 2008, the government provided new funding of C$6 
million (US$5.8 million) to strengthen existing initiatives 
combating the sexual exploitation and trafficking of 
children, including a national awareness campaign on 
trafficking in persons and a 24/7 phone line to serve as a 
central point for public reporting of possible TIP cases as 
well as for obtaining general information about TIP. 
 
Regarding projects that target vulnerable or potential 
trafficked victims, the National Crime Prevention Center 
supports trafficking prevention programs from a policy 
perspective.  It funded the development of a practical 
assessment tool, called "Guidance on Local Safety Audits: A 
Compendium of International Practice," which identified the 
means to gather a clear picture of crime and victimization in 
Qmeans to gather a clear picture of crime and victimization in 
a given city, specified key populations and issues that 
should be examined, including trafficking, and outlined 
sources for information.  The Center has also funded 
preventive actions for populations most vulnerable to 
trafficking, such as street youth, sexually exploited 
children and youth, youth involved with drugs, and women 
involved in the sex trade.  The Center has also established 
aboriginal specific initiatives. 
 
Please see Section 3 (K) for additional information on 
Canada's international technical assistance projects that 
include prevention and awareness-raising. 
 
C. Canada fully recognizes the importance of collaboration 
with domestic partners, including the provinces and 
 
OTTAWA 00000346  013 OF 016 
 
 
territories, as well as members of civil society, to more 
effectively to combat trafficking in persons.  As noted 
above, the RCMP delivered presentations on raising awareness 
of trafficking in persons to civil society and the general 
public.  The government has conducted outreach to civil 
society groups including the Canadian Council for Refugees to 
inform them about new government programs and services to 
assist victims.  Status of Women Canada continues to support 
the work of NGOs, including by financing an "environmental 
scan" across Western Canada to assess the situation of women 
and girls in relation to trafficking.  Status of Women Canada 
will partner with the province of Alberta for a second phase 
of this work, which will involve the development of 
intra-agency protocols for victims of sexual exploitation. 
 
Provincial and territorial governments also work with NGOs to 
fight trafficking in persons.  In July 2007, British 
Columbia's provincial Ministry of Public Safety and Solicitor 
General launched the Office to Combat Human Trafficking to 
identify gaps and barriers to providing services to 
trafficked persons, and, in partnerships with key 
stakeholders, to develop a comprehensive protocol.  The 
office collaborates with numerous jurisdictions and agencies, 
including other provincial ministries, federal departments, 
law enforcement agencies, and NGOs.  NGOs have expressed the 
hope that this office will play a significant role in helping 
better to fight trafficking in British Columbia. 
 
Canada also uses existing fora to engage the provinces and 
territories on trafficking in persons.  On February 28-29, 
2008, the Labor Program in Human Rescues and Social 
Development Canada held the annual 
Federal/Provincial/Territorial workshop on International 
Labor Organization issues.  At the session, the IWGTIP 
co-chairs gave a presentation on TIP and forced labor 
awareness-raising to federal, provincial, and territorial 
labor policy officials. 
 
Canada also partners with the private sector to fight 
trafficking, such as a collaboration with Microsoft to 
develop the Child Exploitation Tracking System, which helps 
law enforcement officials apprehend Internet-based sexual 
predators.  Please see Section 4 (G) for examples of Canada's 
partnerships with the private sector at the international 
level. 
 
However, some NGOs have urged that the government provide 
them with additional support since the NGOs claim to provide 
the majority of assistance for victims. 
 
D. Joint U.S.-Canadian Integrated Border Enforcement Teams 
(IBETs) enhance border integrity and security along the 
U.S.-Canada border by identifying, investigating, and 
interdicting persons and organizations that pose a threat to 
national security or are engaged in other border related 
criminal activity.  There are 15 IBET regions with 23 
locations along the border.  IBET's core agencies include the 
RCMP and CBSA on the Canadian side, and CBP, ICE, and the 
U.S. Coast Guard on the USG side.  In addition to these five 
core agencies, there are federal, provincial, territorial, 
state, and municipal agencies within IBET. 
 
Integrated Border Intelligence Teams (IBITs) support IBETs 
and partner agencies by collecting, analyzing, and 
disseminating tactical, investigative, and strategic 
intelligence information pertaining to cross border crime 
Qbetween the U.S. and Canada.  They share this intelligence 
with participating agencies to target 
international/national/criminal organizations. 
 
The Criminal Visa Screening Unit at the RCMP gathers 
intelligence on potential travelers to Canada from foreign 
countries for the purpose of targeting organized crime.  It 
is currently expanding specifically to focus on trafficking 
in persons.  The enhanced criminal screening process along 
with location visits and on-site interviews in Canada by RCMP 
and CBSA determine the validity of travel requests, the 
accuracy of information presented by visitors, and potential 
organized crime links. 
 
CBSA monitors irregular migration to Canada and publishes 
regular intelligence analyses, which identify trends and 
patterns in irregular migration and migration-related crime, 
including trafficking in persons.  In addition, CBSA performs 
a number of functions to prevent trafficking of persons into 
Canada, to deter trafficking organizations from using Canada 
 
OTTAWA 00000346  014 OF 016 
 
 
as a destination country or a transit country, and to 
investigate and support the prosecution of trafficking 
offenders, including: 
-- Migration Integrity Officers (MIOs) work with airline 
security and local authorities in 39 countries to prevent 
irregular migration, including migrant smuggling, by 
interdicting individuals before they arrive in Canada; 
-- MIOs provide advice to airlines on persons who may be 
attempting to travel without proper documentation, and assist 
visa officers in combating visa fraud; 
-- MIOs work with international law enforcement partners to 
detect trends and patterns in irregular migration and collect 
and report intelligence information on irregular migration, 
organized migration crime rings, and the routes and methods 
they use; 
-- Visa officers posted abroad by CIC are also trained to be 
vigilant in identifying possible victims of trafficking when 
examining both permanent and temporary applications submitted 
abroad; 
-- CBSA maintains Border Services Officers at 245 Ports of 
Entry, who examine foreign nationals seeking entry to Canada 
to ensure they have genuine, properly-obtained travel 
documents, and are entering Canada for a genuine and lawful 
purpose; 
-- Enforcement officers receive training to identify possible 
victims of trafficking in order to refer them to CIC 
officials. 
 
There is a high degree of security cooperation between 
Canada, the United States, and Mexico, notably through the 
Security and Prosperity Partnership of North America (SPP). 
Canadian immigration visa officers and MIOs at Canadian 
missions abroad collaborate on anti-fraud activities overseas 
to ensure the integrity of the Canadian managed migration 
program.  Canada also cooperates with national police, as 
well as the migration and law enforcement officers of various 
embassies, to identify, investigate, and shut down criminal 
organizations involved in document forgery and trafficking in 
persons.  Canadian immigration officers also provide 
technical assistance to support collaborative efforts with 
other countries on trafficking. 
 
Immigration officers overseas support anti-trafficking 
awareness and prevention through such methods as giving 
presentations and participating in regional anti-trafficking 
meetings and conferences. 
 
In addition, a proposed "Act to Amend the Immigration and 
Refugee Protection Act" (C-17) would allow immigration 
officers, on the instructions of the Immigration Minister, to 
use their discretion to refuse to issue work permits in 
situations where individuals might be subjected to 
humiliating or degrading treatment, including sexual 
exploitation.  As of March 2008, this bill is under review in 
the House of Commons. 
 
E. As noted in Section 1 (C), IWGTIP coordinates Canada's 
federal anti-trafficking efforts.  Canada does not have a 
public corruption task force.  Canada, however, ratified the 
UN Convention against Corruption in October 2007. 
 
F. Canada does not have a formal national action plan.  In 
its efforts to combat trafficking, however, it focuses on a 
framework around what it calls the four "Ps:" prevention, 
protection of victims, prosecution of officers, and through 
partnerships. 
 
G. Canadian strategies to combat trafficking in persons 
address demand.  Notably, Canada's criminal laws against 
trafficking, prostitution, assault, sexual assault, and 
Qtrafficking, prostitution, assault, sexual assault, and 
forcible confinement help dissuade persons from engaging in 
conduct that fuel the demand for exploitative labor or 
services.  In addition, Canada's trafficking offenses address 
not only the trafficking of persons, but also those who 
receive a financial or other material benefit from the 
commission of a trafficking offense.  Canada's sex tourism 
offenses allow for the prosecution of those Canadian citizens 
or permanent residents who travel abroad to engage in 
prohibited sexual activity with children. 
 
Canada also addresses demand by supporting programs that 
raise awareness and train law enforcement officials to 
identify victims and prosecute offenders.  Canada supports 
prevention awareness and research to address demand.  Please 
see Section 4 (H) for examples of efforts to prevent the 
demand for child sex tourism. 
 
OTTAWA 00000346  015 OF 016 
 
 
 
In January 2008, the Public Safety Minister announced that 
CIDA would provide C$2 million (US$1.9 million) to the 
Canadian Center for Child Protection, a national charitable 
organization.  The Center will use the funds to pursue more 
leads from the public about the suspected on-line 
exploitation of children, raise public awareness better to 
protect children, and develop educational materials on issues 
related to child sexual exploitation.  The Center also runs 
Cybertip.ca, Canada's tip line for reporting on-line child 
sexual exploitation, and "Kids in the Know," a comprehensive 
personal safety and sexual exploitation prevention program. 
 
H. Canada views child sex tourism and trafficking in persons 
as two separate issues, but recognizes the two may be linked. 
 Please see Section 2 (M) for how Canada's criminal laws 
address child sex tourism. 
 
The RCMP is the international contact point for investigation 
and assignment of files involving Canadian suspects and 
victims of Internet-facilitated child sexual exploitation. 
The RCMP's National Child Exploitation Coordination Center 
receives information through national and international 
partnerships, Interpol, and domestic law enforcement. 
Individuals engaged in sex tourism are included in this 
information due to their use of the Internet in organizing 
and communicating travel activities as well as 
posting/distributing sex abuse images.  The Center 
coordinates intelligence and provides investigations support 
and expertise to enable Canadian law enforcement to 
investigate these offenses. 
 
DFAIT's tourist publication, "Bon Voyage, But..." advises 
Canadian travelers of the Canadian child sex tourism offense 
and warns that child sexual exploitation may also be 
prohibited in the destination country.  DFAIT provides 
related information in its Country Reports for travelers to 
consult prior to departure.  The government has developed an 
awareness-raising poster 
(www.voyage.gc.ca/main/pubs/child ensure-en.asp).  See 
Section 3 (i) for guidelines for consular officers posted 
abroad. 
 
CIDA, through its Office for Democratic Governance, approved 
a financial contribution over a period of three years 
(2008-2010) to the Child Protection Partnership, a consortium 
of organizations led by the International Institute of Child 
Rights and Development (University of Victoria), Microsoft, 
the RCMP, and UNICEF.  The Partnership focuses on provided to 
developing countries the Child Exploitation Tracking System 
(CETS) to equip police services around the world to respond 
cooperatively to the borderless crime of Internet 
distribution of child pornography.  (The Toronto Police 
Service and Microsoft Canada jointly developed CETS in 2003.) 
 CETS is currently in use in Canada, the U.S., United 
Kingdom, Australia, and Italy.  In addition to providing the 
CETS software and training for law enforcement officers and 
the judiciary, the program will include awareness training on 
children's rights and the development of services for 
affected children, families, and communities in three to five 
as yet undetermined developing countries. 
 
The government's provision of C$2 million (US$1.9 million) to 
the Canadian Center for Child Protection (see Section 4 (G)) 
also addresses child sex tourism, as many child sex tourists 
exchange information and locate victims via the Internet. 
Qexchange information and locate victims via the Internet. 
Cybertip.ca is one way the Center is fighting on-line child 
exploitation, which is often connected to child sex tourism. 
 
NGOs and outside experts have suggested that Canada could 
additionally help to curb child sex tourism and to increase 
prosecutions by requiring child sex offenders listed on the 
National Sex Offender Registry to receive permission to leave 
the country, and/or by restricting passports of child sex 
offenders who are deemed to be a risk to children abroad. 
Currently, child sex offenders are not required to report 
their absence from Canada unless they will be abroad for more 
than fourteen days.  In November 2007, a Member of Parliament 
introduced a motion to allow the Foreign Minister, at the 
request of a competent authority, to refuse to issue a 
passport to, or cancel a passport of, a person suspected to 
pose a danger to a child; this motion remains under 
consideration in the House of Commons. 
 
I. The Canadian military justice system has jurisdiction over 
disciplinary issues involving members of the Canadian Forces 
 
OTTAWA 00000346  016 OF 016 
 
 
who are participating in operations outside of Canada, 
whether under as part of a UN or other multilateral mission. 
Disciplinary action can also be taken under the Code of 
Service Discipline to address an alleged act of omission 
committed by someone while outside Canada when that act or 
omission is an offense under the law in the place where it 
occurs.  The Department of National Defense remains committed 
to comprehensive implementation of the NATO Policy on 
Combating Trafficking in Human Beings, and has made concerted 
efforts to ensure the provision of all necessary knowledge, 
values, and skills to all members of the Canadian Forces, as 
well as to civilian contractors on international missions. 
 
Please also see Section 3 (K) for a summary of a recent 
project Canada supported to provide anti-trafficking training 
to peacekeepers in the Americas. 
 
5. (U) Point of contact is Poloff Liz Zentos 
(ZentosEF@state.gov, phone: 613-688-5240, fax: 613-688-3098). 
 
 
Estimated time spent on report: 
 
Political Minister Counselor (FE-OC):     2 hours 
Political Officer (FS-04):                75 hours 
Political Assistant (FSN-11):             8 hours 
Political OMS (FS-07):                    1 hour 
Consulates:                   10 hours 
Total:                        96 hours 
 
Visit Canada,s Economy and Environment Forum at 
http://www.intelink.gov/communities/state/can ada 
 
BREESE