Proceedings of the Standing Senate Committee on
Human Rights

Issue 17 - Fourth Report of the Committee

Tuesday, December 8, 2009

The Standing Senate Committee on Human Rights has the honour to present its

FOURTH REPORT

Your committee, to which was referred 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, has, in obedience to the order of reference of Tuesday, September 29, 2009, examined the said Bill and now reports the same with the following amendments:

1. Page 1, long title: Replace the long title on page 1 with the following:

``An Act to amend the Immigration and Refugee Protection Act (victims of trafficking in persons)''.

2. Page 1, clause 1: Replace lines 4 and 5 with the following:

``1. This Act may be cited as the Victims of Trafficking in Persons Protection Act.''.

3. Page 1, clause 2: Replace 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.''.

4. Pages 2 and 3, clause 3:

(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.''.

5. Page 3, clause 4: Replace lines 37 and 38 with the following:

``porary resident permit or a victim of trafficking protection permit.''.

6. Page 3, clause 5: Replace lines 42 and 43 with the following:

``resident permit or victim of trafficking protection permit.''.

7. Page 3, clause 6: Replace line 47 with the following:

``(d.1) the number of victim of trafficking protection per''.

8. Page 4, delete clause 7.

9. Page 4, delete clause 8.

10. Page 4, clause 9: Replace 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.''.

Respectfully submitted,

RAYNELL ANDREYCHUK

Chair