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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 19:07 | 2011-04-28 00:12 | 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

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