Bill S-235: An Act respecting the National Strategy to Combat Human Trafficking

Short Title Short title 1 This Act may be cited as the National Strategy to Combat Human Trafficking Act . Interpretation Definitions 2 The following definitions apply in this Act. human trafficking  means conduct described in subsection 279.01(1) or 279.011(1) or section 279.02 or 279.03 of the Criminal Code .‍  (traite des personnes ou traite ) Minister  means the Minister of Public Safety and Emergency Preparedness.‍ ( ministre ) National Strategy to Combat Human Trafficking National Strategy 3 (1) The Minister must maintain and update the National Strategy to Combat Human Trafficking, whose aims include ending human trafficking, addressing the harms suffered by individuals with lived experience of human trafficking and enhancing support to those individuals. Obligations under international agreements (2) The Minister must make every reasonable effort to ensure that the National Strategy provides for the fulfilment of Canada’s obligations under (a) the Convention on the Elimination of All Forms of Discrimination against Women; (b) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; (c) the Convention on the Rights of the Child; and (d) the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Content (3) The National Strategy must include measures to (a) empower individuals with lived experience of human trafficking to regain their independence and reintegrate into their communities while taking into account factors that may affect how an individual recovers from human trafficking; (b) promote sufficient investment in measures and services to support individuals with lived experience of human trafficking; (c) increase prevention efforts by (i) expanding community awareness of human trafficking, including by means of targeted campaigns, so that Canadians are better able to recognize the signs of human trafficking in their communities, and (ii) addressing the root causes of exploitation, including poverty, sexism, racism and other forms of discrimination and other socio-economic challenges; (d) protect groups that are vulnerable to being trafficked — including Indigenous, Black and Asian women and girls, at-risk youths and migrants — by promoting culturally and linguistically sensitive support, tools and awareness training; (e) increase the capacity of the criminal justice system to identify and prosecute human trafficking cases using a trauma-informed approach; (f) expand partnerships by building and improving national and international coordination and cooperation to address human trafficking, including by identifying, sharing and promoting best practices in prevention, intervention, recovery and prosecution; (g) create and maintain a website for the consolidation of research findings, information on human trafficking and resources for Canadians to address human trafficking in their communities; (h) ensure that federal government employees are provided with ongoing, trauma-informed training and resources; (i) monitor the progress of the implementation of the National Strategy, including by setting clear objectives and timelines; and (j) ensure that the members of the Survivor Advisory Committee are individuals with lived experience of human trafficking and that the person occupying the position of Chief Advisor to Combat Human Trafficking to the Minister of Public Safety and Emergency Preparedness is an individual with lived experience of human trafficking. Review of National Strategy Review of National Strategy 4 (1) Within two years after the day on which this Act comes into force, and every five years after that day, the Minister must undertake a review of the National Strategy to Combat Human Trafficking and cause a report on the review to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Consultations (2) For the purposes of the review, the Minister must (a) provide opportunities for public participation, including by publishing on the Department of Public Safety and Emergency Preparedness website a notice setting out the National Strategy and inviting any person to submit written comments; and (b) consult with representatives of provincial and municipal governments, representatives of groups and communities that are disproportionately affected by human trafficking, individuals with lived experience of human trafficking, individuals and organizations concerned with public safety and health care and any other stakeholders that the Minister considers appropriate. Paramount principles (3) When conducting the review, the Minister must have regard for the paramount principles of promoting and protecting human rights and pursuing a trauma- informed approach. Additional principles (4) When conducting the review, the Minister must also have regard for the following additional principles: (a) promoting the collective responsibility of all communities and all levels of government to take action and work collaboratively to end human trafficking and support survivors; (b) recognizing how race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability may intersect and impact whether and how an individual experiences and recovers from human trafficking; (c) promoting access to safe, culturally responsive and respectful services, including for Indigenous individuals and communities; (d) promoting efforts to address the root causes of human trafficking and the factors that result in children and other persons being at higher risk of being trafficked; (e) empowering individuals with lived experiences of human trafficking and recognizing their expertise; (f) promoting decision-making that is informed by diverse sources of evidence, including survivors’ experiences, promising practices and traditional Indigenous knowledge; and (g) adopting a sustainable and agile approach to adapt to the changing nature of human trafficking and to achieve the National Strategy’s aims. Content of report (5) The report on the review must take into account the results of the consultations and must include a statement of any changes that are to be made to the National Strategy. Publication (6) The Minister must publish the report on the Department of Public Safety and Emergency Preparedness website not more than 10 days after it has been tabled in both Houses of Parliament. Annual Report Annual report 5 (1) Within three months after the end of each fiscal year, the Minister must prepare a report on the implementation of the National Strategy to Combat Human Trafficking and the progress on efforts to combat human trafficking during that fiscal year. Tabling of report (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.