INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada criminalizes the recruitment, transportation, receipt, holding, concealment, or harboring of a person for exploitation purposes, with penalties including life imprisonment in cases of serious harm to the victim.
SECTION WORDING
279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years in any other case.
EXPLANATION
Section 279.01(1) of the Criminal Code of Canada criminalizes the act of trafficking in persons. The provision targets those who obtain or maintain control over an individual for the purpose of exploitation or facilitating their exploitation. This includes a range of activities, such as recruiting, transporting, receiving, holding, concealing, or harboring a person, as well as exerting control, direction, or influence over their movements. The trafficking of persons is a serious crime that violates human rights and dignity. It involves the exploitation of vulnerable individuals for financial gain, and can take various forms such as forced labor, sexual exploitation, and forced marriage. Victims of trafficking may be lured by false promises of employment, education, or better living conditions, or may be abducted or coerced into slavery-like conditions. The penalty for trafficking in persons under section 279.01(1) of the Criminal Code varies depending on the seriousness of the offense. Those who commit aggravated assault, sexual assault, or cause death to the victim can face a life sentence. In all other cases, the maximum penalty is fourteen years imprisonment. The Criminal Code of Canada recognizes the need to protect and support victims of trafficking. Section 279.04 provides comprehensive measures for the protection of victims, including the provision of necessary medical and psychological support, access to legal representation and ongoing support services. It is important to note that consent by the victim is not a defense to trafficking charges, as it is often obtained through deceit, coercion or intimidation. Overall, section 279.01(1) of the Criminal Code of Canada sends a strong message that trafficking in persons will not be tolerated in Canadian society. The provision serves as a deterrent to those who engage in such activities, and ensures that perpetrators of this crime are held accountable for their actions.
COMMENTARY
Section 279.01(1) of the Criminal Code of Canada addresses the issue of human trafficking-which is a growing problem not only in Canada, but worldwide. It clearly outlines the criminalization of various acts that facilitate exploitation of individuals, including recruitment, transport, transfer, reception, holding, concealment, and harboring. It also covers the exercise of control, direction, or influence over the movements of these individuals for the purpose of exploitation. It is worth noting that not all human trafficking situations are the same-some are more severe than others. This is why the law outlines different levels of punishment. For instance, individuals who kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence are liable to imprisonment for life. In all other cases, individuals are liable to imprisonment for a term of not more than fourteen years. However, it is important to recognize that legislation alone is not enough to tackle human trafficking; there must also be strict enforcement of these laws. Canadian law enforcement agencies have made multiple efforts to combat human trafficking, including the establishment of specialized units dedicated to investigating and prosecuting trafficking-related offences. Furthermore, many organizations and individuals, including social workers, lawyers, and activists, work to raise awareness about the realities of human trafficking and the importance of identifying and supporting individuals who have been exploited. By collaborating with law enforcement and other agencies, they help to ensure that victims receive the resources and care they deserve. It is also essential that individuals, particularly those at risk of trafficking, know their rights and know where to seek help. In addition to this legislation, Canada has ratified international treaties that address human trafficking, including the United Nations Palermo Protocol, which outlines measures to prevent and combat the trafficking of persons, especially women and children. The protocol emphasizes the importance of creating awareness and providing training to individuals involved in preventing the crimes related to trafficking in persons. Canada, along with partner countries, is expected to develop and implement effective policies and guidelines that will provide adequate assistance and protection for trafficked individuals. In conclusion, section 279.01(1) of the Criminal Code of Canada plays a crucial role in preventing and punishing human trafficking. It sends a clear message that trafficking-related activities will not be tolerated and those responsible will be held accountable. However, this legislation is only one piece of a larger puzzle. It must be enforced alongside awareness-raising, prevention measures, and support services to effectively combat human trafficking.
STRATEGY
Section 279.01(1) of the Criminal Code of Canada criminalizes human trafficking, which involves recruiting, transporting, transferring, receiving, holding, concealing or harboring a person, or exercising control, direction or influence over their movements for the purpose of exploiting them or facilitating their exploitation. This offense is punishable by imprisonment for life if the victim is subjected to kidnapping, aggravated assault, aggravated sexual assault, or death during the commission of the offense. In all other cases, the offense carries a maximum prison sentence of fourteen years. When dealing with this section of the Criminal Code of Canada, several strategic considerations must be made to ensure effective prosecution and the protection of victims. The following are some strategies that could be employed to effectively deal with human trafficking offenses: 1. Develop specialized investigative and prosecutorial units: Investigating human trafficking cases can be complex and require specialized expertise and resources. These cases may involve multiple jurisdictions, different languages, and cultural barriers, making it challenging to identify and prosecute traffickers. Developing specialized investigative and prosecutorial units with expertise in human trafficking can help to ensure proper investigation and prosecution of human trafficking offenses. 2. Enhance victim protection measures: Victims of human trafficking may fear for their safety, and their testimonies may be critical to the prosecution of traffickers. Therefore, it is essential to develop victim protection measures that ensure the safety and well-being of victims. Protective measures may include relocation, witness protection programs, counseling, medical services, and assistance with basic needs. 3. Develop effective international cooperation: Human trafficking offenses often involve transnational criminal organizations that operate across borders. Developing effective international cooperation mechanisms will help to facilitate the prosecution of offenders and the protection of victims. This may entail developing international cooperation agreements, sharing intelligence and expertise, and collaborating with international organizations. 4. Raise public awareness: Raising public awareness about the prevalence and dangers of human trafficking may help to prevent the crime and encourage the reporting of offenses. Effective awareness-raising strategies may include developing targeted campaigns, engaging with communities, providing training and educational resources to law enforcement agencies, and partnering with civil society organizations. 5. Collate and share information: Collating and sharing information regarding human trafficking offenses can help to identify trends, patterns, and new developments in the crime. It will also help to inform the development of effective policies and interventions. Relevant agencies, including law enforcement, victim support organizations, and governmental bodies, may collaborate to collate and share such information. In conclusion, effectively dealing with human trafficking offenses requires a comprehensive approach that integrates specialized investigative and prosecutorial units, victim protection measures, international cooperation, awareness-raising, and information sharing. Employing these strategies will ensure an efficient response to the crime, promote the protection of victims, and secure justice for offenders.