Private Member Bill on Human Trafficking Passes Senate - Friday, July 2, 2010

It is rare for Private Members Bills to be passed by Parliament – only one has since the last election in 2008.  Even rarer are those that contain Criminal Code amendments – only 14 have been adopted since Confederation in 1867.

So what Joy Smith, Member of Parliament for Kildonan-St. Paul in Manitoba, has accomplished is significant.  Just prior to the summer break, the Senate of Canada adopted at Third Reading Bill C-268, an Act to amend the Criminal Code pertaining to minimum sentence for offenses involving trafficking of persons under the age of eighteen years.  The legislation has been sent to the Governor General of Canada for Royal Assent.

The amendment to the Criminal Code brought about by Bill C-268 introduces a new human trafficking offense addressing child traffickers, and carries a minimum sentence of five years.  That rises to six years for cases with aggravating factors.

The impetus for the bill was a number of incidents where human trafficking involving minors where the offender received insignificant sentences.  In one case, Michael Lennox Mark was convicted on November 10, 2008 for selling a 17 year old girl for sex.  He received a two year sentence but because of credit for pre-trial custody, he only spent a week in jail.

So MP Joy Smith got to work and on January 29, 2009 she introduced Bill-C268. It quickly attracted broad national support, with Mrs. Smith presenting petitions containing tens of thousands of signatures from Canadians demanding support for the legislation.  The Bill also garnered the support of law enforcement agencies, victims services, NGO’s and First Nations representatives. 

On September 30, 2009 Bill C-268 was adopted by the House of Commons with bi-partisan support of Conservative and Liberal MP’s and most NDP MP’s.  The next day it was introduced to the Senate by Senator Yonah Martin.

“The strong support for Bill C-268 reveals a clear indication that the majority of Parliamentarians understand the necessity of ensuring the traffickers of minors receive sentences that reflect the severity of this grave offence,” said MP Joy Smith. “Traffickers need to know that Canada will not accept the exploitation and sale of our children and any attempts to do so will be met with stiff consequences.”

This wasn’t Joy Smith’s first successful foray into matters pertaining to human trafficking.  Since being elected, she has advocated for a national action plan to combat human trafficking and has been recognized as a leading expert and speaker on the issue.

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