Proceedings of the Standing Senate Committee on
Human Rights
Issue 16 - Minutes of Proceedings
OTTAWA, Monday, December 7, 2009
(20)
[English]
The Standing Senate Committee on Human Rights met this day at 2:10 p.m., in room 2 Victoria Building, the chair, the Honourable A. Raynell Andreychuk, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Brazeau, Dallaire, Jaffer, Mitchell, Munson, Nancy Ruth and Poy (8).
In attendance: Julian Walker and Jennifer Bird, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, September 29, 2009, the committee continued its examination of Bill S-223, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking. (For complete text of the order of reference, see proceedings of the committee, Issue No. 14.)
WITNESSES:
Citizenship and Immigration Canada:
Eric Stevens, Counsel, Legal Services;
Sarah Wells, Policy Analyst, Social Policy and Programs, Immigration Branch.
Health Canada:
Martha Vaughan, Manager, Women's Health Division, Programs Directorate;
The witnesses answered questions.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-223, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking.
It was agreed that the title stand postponed.
It was agreed that clause 1 stand postponed.
The chair asked if clause 2 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 2, on page 1, by replacing lines 6 to 17 with the following:
"2. The purpose of this Part is to provide for specific legislative measures to assist and protect victims of trafficking in persons who are without legal status in Canada by providing a means for them to legalize their status as temporary residents and facilitating their eventual acquisition of permanent resident status in appropriate circumstances.".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 2, as amended, carry.
The chair asked if clause 3 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 3, by replacing it with the following:
(a) on page 2, replace lines 1 to 15 on page 2 with the following:
"24.1 (1) In this section and in section 24.2, "victim of trafficking in persons" means a foreign national who is a victim, as defined in section 2 of the Criminal Code, of the offence set out in section 279.01 of that Act or in section 118 of this Act.
(2) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing";
(b) on page 2, replace lines 21 to 31 with the following:
"(b) the officer is of the opinion that
(i) the foreign national may be, or may have been, a victim of trafficking in persons in, or in the course of coming into, Canada, and
(ii) issuing the permit is otherwise justified in the circumstances.
(3) In applying subsection (2), the officer shall act in accordance with any instructions that the Minister may make.
(4) The holder of the victim of trafficking protection permit issued under subsection (2) is eligible for the same federal health services as is a person who has made a claim for refugee protection inside Canada"; and
(c) on page 2, replace lines 32 to 52, on page 3, lines 1 to 30 with the following:
"24.2 (1) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing the foreign national to remain in Canada as a temporary resident for a period of up to three years if
(a) the foreign national is physically present in Canada; and
(b) the officer is of the opinion that
(i) the foreign national is or has been a victim of trafficking in persons in, or in the course of coming into, Canada, and
(ii) issuing the permit is otherwise justified in the circumstances.
(2) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.
(3) A person who holds a victim of trafficking protection permit issued under subsection (1) may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person.".
The question being put on the motion, it was adopted.
It was agreed that clause 3, as amended, carry.
The chair asked if clause 4 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 4, on page 3, by replacing lines 37 and 38 with the following:
"porary resident permit or a victim of trafficking protection permit.".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 4, as amended, carry.
The chair asked if clause 5 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 5, on page 3, by replacing lines 42 and 43 with the following:
"resident permit or victim of trafficking protection permit.".
The question being put on the motion, it was adopted.
It was agreed that clause 5, as amended, carry.
The chair asked if clause 6 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 6, on page 3, by replacing line 47 with the following:
"(d.1) the number of victim of trafficking protection per".
The question being put on the motion, it was adopted.
It was agreed that clause 6, as amended, carry.
The chair asked if clause 7 shall carry.
After debate, the question being put on the motion, it was defeated.
The chair asked if clause 8 shall carry.
The question being put on the motion, it was defeated.
The chair asked if clause 9 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 9, on page 4, by replacing lines 37 to 39 with the following:
"9. This Act comes into force on the day that is one year after the day on which it receives royal assent or on an earlier day to be fixed by order of the Governor in Council.".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 9, as amended, carry.
The chair asked if clause 1 shall carry.
The Honourable Senator Jaffer moved that Bill S-223 be amended in clause 1, on page 1, by replacing line 4 and 5 with the following:
"1. This Act may be cited as the Victims of Trafficking in Persons Protection Act.".
The question being put on the motion, it was adopted.
It was agreed that clause 1, as amended, carry.
The chair asked if the title shall carry.
The Honourable Senator Jaffer moved that long title of Bill S-223 be amended on page 1, by replacing it with the following:
"An Act to amend the Immigration and Refugee Protection Act (victims of trafficking in persons)".
The question being put on the motion, it was adopted.
It was agreed that the title, as amended, carry.
It was agreed that the bill, as amended, carry.
It was agreed that the chair report the bill, as amended, to the Senate.
At 2:30 p.m., pursuant to the order of reference adopted by the Senate on Wednesday, March 4, 2009, the committee continued its examination on issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations. (For complete text of the order of reference, see proceedings of the committee, Issue No. 3.)
The Honourable Senator Munson moved that the budget application for the special study on Canada's National and International Human Rights Obligations (United Nations Security Council Resolution 1325 on women, peace and security) in the amount of $ 225,750 be approved for submission to the Standing Committee on Internal Economy, Budgets and Administration.
Summary of Expenditures:
Professional and Other Services $ 16,500 Transportation and Communications $ 191,250 All Other Expenditures $ 18,000 TOTAL $ 225,750
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved that the report from Senator Dallaire's meeting with the Burma Delegation be filed as an exhibit with the clerk of the committee (Exhibit 5900-2.40/H1-SS2-6).
The question being put on the motion it was adopted.
At 2:50 p.m., pursuant to rule 92(2)(f), the committee proceeded in camera to consider a draft report.
It was agreed that senators' staff be permitted to remain in the room for the in camera portion of the meeting.
At 2:55 p.m., the committee suspended.
At 3:05 p.m., pursuant to the order of reference adopted by the Senate on Monday, June 22, 2009, the committee continued its examination of issues of sexual exploitation of children in Canada. (For complete text of the order of reference, see proceedings of the committee, Issue No. 10.)
WITNESSES:
Hospital for Sick Children-Suspected Child Abuse and Neglect (SCAN):
Tanya Smith (by videoconference);
Jennifer Coolbear, Psychologist (by videoconference);
Jasmine Eliav, Psychologist (by videoconference).
Microsoft:
Michael Eisen, Chief Legal Officer.
Vigilance on the net:
Ginette Yapety (by videoconference).
Ms. Smith, Mr. Eisen, and Ms. Yapety each made an opening statement and, with Ms. Coolbear and Ms. Eliav, answered questions.
At 4:07 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee