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Modern Slavery Bill

Bill to Amend--Second Reading--Debate Continued

March 10, 2020


Honourable senators, I rise before you to lend my support to Bill S-211, An Act to enact the Modern Slavery Act and to amend the Customs Tariff sponsored by Senator Miville-Dechêne . Though the bill’s prime objective is to eliminate forced and child labour from Canada, and involvement in the global supply chain, the bill calls on us to reflect on another kind of slavery we know to be in place in Canadian society, namely human trafficking. In other words, organized sexual exploitation and child sex abuse.

Before I joined the Senate, I was commissioned by Public Safety Canada to research and co-author a paper on the trafficking of Indigenous women and girls. The study was based on 76 interviews we completed with subject-matter experts, many of whom were survivors of sexual exploitation. They had been trafficked as children, teens and adults. We respectfully called these women the PhDs of the topic because of their extensive lived experience.

We also interviewed law enforcement agencies and organizations, and individuals who were front-line workers. The purpose of the study was to shed light on the mechanisms and ways in which the trafficking of Indigenous women and girls for the purposes of sexual exploitation occurred. I learned many things during this process, and I would like to share a few anecdotes on the importance and necessity of passing this bill.

Public Safety Canada defines human trafficking as the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. Human trafficking, sexual exploitation, survival sex and sex work are distinct experiences with a range of impacts that require targeted supports and policy responses. The difference in these terms is rooted in the act of giving consent. It’s essential to recognize that consent does not necessarily suggest an informed choice. As one expert remarked, it is rare that Aboriginal girls or women of colour experience sex work. They are often trafficked for power and control, and coerced into prostitution for their survival needs.

The element of consent in the trafficking definition is usually misunderstood, thus conflating sexual exploitation with sex work. Trafficking comprises the use of threat, force, deception, fraud, abduction, misuse of authority and making payment to coerce consent for the purpose of exploitation. A subject-matter expert also added that even the use of this language, the term “human trafficking” in place of sexual exploitation, may have the impact of marginalization since it forces Indigenous women into a framework that does not take into account the historical events and policies that have shaped their lives.

The Native Women’s Association of Canada has noted that First Nations, Métis and Inuit women make up 4% of the Canadian female population, but roughly 50% of trafficking victims. Twenty-five per cent of all trafficked people are under the age of 18. Though women and girls are the prime targets of trafficking, trans women, men and boys are also subjects.

We discovered that gangs are involved in the trafficking of Indigenous women and girls. They range from less sophisticated street gangs, or groups of co-offenders who may constitute a criminal-type organization, to fairly sophisticated ones in the form of escort services, massage parlours or exotic dancers. Women are generally recruited by various methods, including coercion through love and domestic violence. In other words, women are not even aware at times that they are being trafficked because they are in love with their trafficker.

We also discovered that it can be a young girl who does the recruiting — someone who appears to be a mirror image of her target — who initiates the selling of the dream of a better and more prosperous lifestyle. Peers are especially persuasive. Typically this translates into a pyramid scheme of sorts wherein recruiters take a share of the earnings for the girls they have recruited. High schools and even playgrounds are places where traffickers will entice and recruit Indigenous girls as young as grades six or seven. Sometimes they meet them on the way to school, luring them with gifts and promises of a better life. Social media is also used to entice young Indigenous girls, especially in rural communities where the charm of the big city or the promise of a good job is easier to use as a deceptive ploy. Some pimps or boyfriends will invite young girls to come to the city to party under the guise of a romantic wooing.

Imagine the dangers that beset a young girl who leaves a remote area and goes south for medical treatment. She arrives in a foreign, fast-moving environment and a young man or woman steps out of a van to offer her a ride or to go to a party. She accepts and is soon surrounded by strangers. She is offered drugs, takes them, and is maybe plied with alcohol. Later that night she is photographed in compromising positions. She is then threatened that the photos will be sent to her family or posted on social media. She’s then coerced into selling herself to pay back the money that was spent on her, in a never-ending cycle. At some point she may realize she doesn’t want to leave because her life was never better.

These horrific socio-economic determinants of sexual exploitation and trafficking result from factors such as the legacy of physical and sexual abuse experienced in the residential school system, dispossession of identity and culture via the Indian Act, violence, racism, and the marginalization of Indigenous women resulting in low self-esteem, poverty, and a vulnerability to being trafficked. Addictions and mental health issues among those who are trafficked are widespread and often the result of either being introduced to drugs as a method of control, or a way to escape the harsh realities of being trafficked or exploited.

The stories of the women are haunting and I will never forget them. One of the subject-matter experts shared how she had been exposed to violence through her own pimp, who over the years had burned her feet, broken her nose, beaten her with an untwisted coat hanger, broken her fingers and even went so far as jumping on her pregnant abdomen to cause a miscarriage. They are forced into working while they are sick, and forced to dress in a bikini with a fur coat outdoors in freezing cold weather.

The women and girls are moved through relatively well-known trafficking corridors and circuits. The trafficking of First Nations, Métis and Inuit women — and of non-Indigenous women, too — is generally triangular. For example, east to west, Halifax to Truro, Halifax to Montreal to Toronto. There is movement by boat, too. In an example of the economics of supply and demand, we find the increase in demand for sexual services matches the increase of men in the shipbuilding areas. More than one of the subject-matter experts I interviewed explained what a “Pocahontas Party” was. The men dressed up as the proverbial “John Smith” and the Indigenous women are paraded and dressed up in Pocahontas outfits. The experts said that these parties were commonly held on boats in the Niagara Region on the Great Lakes.

In the North, air travel is the primary means of long-distance transportation, so trafficked Inuit women follow major transportation hubs. For instance, the eastern Arctic airline flies women to Ottawa, while the western Arctic airline flies women to Edmonton and Winnipeg. Airports were identified as the point of recruitment in big cities like Montreal, especially for the Inuit. It is common for a trafficker to know someone in the community who acts as an informant when a girl plans to move to the city. Upon their arrival at the airport, traffickers lure the girls under the pretext of providing a place to stay or giving them access to resources.

A front-line support agency in the North clarified that people don’t leave the North to work the streets, but may go south to Ottawa to attend a doctor’s appointment. One woman breached the “rules of the house” in Ottawa and ended up on the street when kicked out. She was stranded with no money and no support system. In this case, she was extremely vulnerable.

In the northern Prairie regions, the circuits are from The Pas, Flin Flon and Selkirk to Winnipeg. Prince Albert is a gateway to northern Saskatchewan. Saskatoon is a gateway to the West, via Edmonton to Vancouver. Law enforcement participants cited Edmonton to Mississauga to Niagara Falls as a pipeline of movement. Another subject-matter expert explained that the Downtown Eastside of Vancouver is full of Saskatchewan Indigenous people, and they die there.

There’s another very poignant story I wish to share with you. It is of a woman named Sharon Acoose. When we interviewed Sharon, she said to me, “I will allow you to interview me on the one condition that whenever you talk about me, you say my name aloud, Sharon Acoose.”

I promised I would. Here is her story.

Her parents were residential school survivors. Sharon was sexually abused at home as a very young child. Sexual abuse became normalized for Sharon at a very young age. Her father wanted a better life for the family and moved them to the city, but once there, Sharon soon learned it became easier for her to earn money for the normalized behaviour of being sexually abused while she worked the streets. She was on the streets for 30 years, through pregnancies and child apprehensions.

Here is what Sharon said to me:

Each and every time we refer to individuals who are involved in the sex trade as “hookers,” “prostitutes,” “hoe,” . . . we dispirit them. No individual comes into this world as a hooker or prostitute. We all come into this world with spirit. Each and every interaction and every individual we come into contact with either contributes to involvement in the sex trade or involvement in a productive lifestyle. When a woman is abused by her relative or whomever, it does something to a woman’s Spirit. The Spirit leaves when they are being abused, and it comes back when it’s over.

Those words will haunt me forever.

When Sharon was about to have another child apprehended, something happened and she said, “No more,” and she reached out. She got help and began a journey to health and freedom from the life on the streets. Sharon went back to school and worked her way through high school and university, and Sharon earned a Ph.D. She now teaches and counsels women on the street. I have said her name every time I have spoken of trafficking issues over the years, and each time I do, I like to think that one more woman reaches out and finds Sharon, and Sharon helps them get off the street. She has written a book about her life called An Arrow in My Heart.

Interestingly enough, all of the subject-matter experts that we interviewed for this study were residential school survivors or had parents who attended residential school.

I now want to turn my attention to the 34 interviews we conducted with law enforcement agencies across Canada. I must share that I gained a new respect after this study. I realized how difficult it is from their perspective to put in place measures that can stop trafficking. They identified human trafficking as a “ghost crime,” adding, “there are thousands of victims, but people don’t report this type of crime.” This fact alone is an important point that supports the reporting requirements in the modern slavery act, Bill S-211.

All of the police organizations interviewed highlighted the difficulties of collecting data and reporting on cases related to the Indigenous status of victims. Traditionally, victims are reluctant to disclose trafficking as they may not self-identify as victims. Many consider their traffickers to be boyfriends. In addition, many Indigenous women are reluctant to disclose to law enforcement the fact that they are Indigenous. Historically, there has been little trust between Indigenous communities and the police. This reluctance is rooted in a history of mistreatment by the police, and the legacy of the fear continues.

Several police agencies serving areas where there are major infrastructure or natural resource projects reported that they have seen an increase in the sex trade and of human trafficking when major projects such as mining, oil extraction and shipbuilding get under way. This fact speaks to the importance of passing Bill S-209 as well, Senator McCallum’s bill.

An Ontario police officer commented to me:

“The average age of recruitment of human trafficking victims is 14 to 16 years old. That doesn’t mean we’ll find them at those ages, but we may find them at 18 to 20. It’s a huge juvenile problem. Last year, 33% of sex workers identified were juveniles . . . .” An officer from a Western province noted: “As Police, we’re standing on the tracks and can see it coming for many years.”

Many of the people we interviewed spoke of a Canadian crisis, evidenced by the sheer numbers of Indigenous women and girls who are subjected to normalized sexual and physical violence as children, sometimes as part of the child welfare system. They are trafficked, incarcerated, sterilized and go missing or are murdered. We owe thanks for the commitment of the many heroes who work on these issues, leaders like Diane Redsky, Executive Director of Ma Mawi Wi Chi Itata Centre in Winnipeg, who has worked on the provincial strategy in Manitoba; and Valérie Pelletier and Trisha Baptie, who help women exit; and Cherry Smiley, a former anti-violence worker now pursuing a PhD, who all appeared on a panel today on sex trafficking and sexual exploitation. They are working tirelessly to eradicate exploitation of all kinds against Indigenous women and girls by focusing on the root causes, a systemic and coordinated approach that listens and heeds the perspectives of the women who have been trafficked and includes financial solutions to exit.

Senator Miville-Dechêne’s bill will bring transparency to the supply chains of multinationals who, along with making profits for their shareholders, have a civic responsibility to Canadians and the citizens of each individual country they do business in. Bill S-211 aims to make the seemingly invisible, visible. This type of innovative legislation must extend to other sectors of society where the plight of vulnerable populations is often overlooked and their stories are too often silenced. Meegwetch, marsi, ekosi.

Hon. Ratna Omidvar [ + ]

Honourable senators, I, too, rise today to speak to the principles and intents behind Bill S-211, the modern slavery act. I wish to commend Senator Miville-Dechêne for bringing this bill forward to our attention.

The word “slavery” invokes history and disturbing images: the capture, imprisonment and slavery of millions of Africans who were auctioned and sold at trading posts in Africa from Senegal and then transported to North America to work on plantations. The dark and lasting legacy of slavery on the African-American and African-Canadian people is still with us and with them.

Although the transatlantic slave trade was abolished in the 19th century and those slaves were freed from their bondage, slavery, sadly, did not end. Instead, over time it has found new forms and expressions and morphed into a particularly pernicious form of oppression and brutality, finding victims in every corner of the world, including, as Senator Boyer has so eloquently pointed out, right here in Canada.

It is indeed a serious problem. According to the International Labour Organization, there are over 40 million modern slaves. Women and children make up 71% of this number, with a full 10 million being children. This is more than three times the number of the transatlantic slave trade.

So, colleagues, the problem has not gone away. In fact, it has multiplied many times over. As one writer noted, it is because slavery “is a 21st-century recession-proof growth industry.”

Who are modern-day slaves? They are those who are forced to work through coercion or mental or physical threat, trapped and controlled by an employer through mental or physical abuse or threat of abuse, dehumanized and treated as a commodity and bought and sold as property, physically constrained or restricted in their freedom of movement.

It’s perhaps not hard to imagine how a person falls into these claws. For my examples, I will go outside our borders because Senator Boyer covered what happens in Canada.

A vulnerable person looking for a livelihood in a neighbouring country finds themselves in the clutches of traffickers on a fishing boat. An individual borrows money for her medical ailments and finds herself in debt bondage to a farmer who extorts her into labour. And, most worryingly, a poor child is forced to work in a garment factory instead of going to school.

Why is this happening? Put bluntly, slavery is profitable. Much of the work that modern slaves are compelled to do finds its way into global supply chains headed by big multinational corporations. Slavery generates as much as $150 billion in profit every year, according to the ILO. Technology, migration patterns and community dynamics create a large supply of vulnerable and exploitable people who get trapped.

We know that global supply chains are complicated, interconnected and cover multiple countries and jurisdictions, all with the purpose of lowering costs and making profits. The multinationals transfer their lower-value activities to contractors and then the work gets contracted and subcontracted further down to another set of subcontractors. This opaque, fragmented system and mode of production makes it incredibly hard to enforce labour rights and standards, particularly when there are so many companies and jurisdictions involved. As a result, many of our everyday products could have used slave labour.

Recently, the Australian Strategic Policy Institute documented that it is religious and ethnic minorities who are being used as forced labour in factories in the supply chains of 83 well-known global brands in the technology, clothing and automotive sectors, including Apple, BMW, Gap, Huawei, Nike, Samsung, Sony and Volkswagen. A report by World Vision found that 80% of Canadians had no knowledge whether their purchases were made or somehow manufactured by exploited children. I admit to being one of them. I don’t know if the shoes I wear, the handbag I use or even these devices we carry around were, in one way or another, part of this global scourge.

One way of addressing this would be through consumer advocacy, education and activism. After all, we know the customer is king. As one example, I know that young Canadians are choosing ethical diamonds over blood diamonds for their engagement rings.

Honourable senators, it is clear that we need to take action. We need to stop multinational corporations’ reliance on using forced labour to turn an even bigger profit. Senator Miville-Dechêne’s bill is a start in that direction by bringing more accountability into the corporate governance structure. Canadian companies would be required to report on forced or child labour in their supply chains and identify what steps they would take in stopping these practices.

Polls have shown that 90% of Canadians agree with Senator Miville-Dechêne; they believe companies should be required to publicly report on their suppliers’ use of slave labour and their efforts to stop such practices. The honourable senator is onto something. I also believe there is a willingness in the corporate sector to look at this issue, because they take reputational risks seriously as well.

Twitter is a marvellous thing at times. The Dean of the Gustavson School of Business at the University of Victoria has said that: “Profit is not a purpose. It is one indicator of whether you are successful in your purpose.”

This bill is not only aspirational, colleagues; it has teeth. It would amend the Customs Tariff act to prohibit the importation of goods manufactured or produced by forced or child labour. If enacted, a regulatory and administrative regime and infrastructure under the CBSA would need to be implemented.

Some have said the bill doesn’t go far enough since it doesn’t compel companies to change their behaviour, only to report it. And it doesn’t provide a remedy to the victims since there is no liability mechanism to hold companies that have used forced or child labour to account. It may not reach the level of slavery in Canada, as Senator Boyer has described it, because most workplace slavery usually takes place in small shops and not companies regulated by the federal government. I could be wrong, but I suspect it won’t reach down into those situations.

This bill also does not address the underlying conditions in countries where the absence of housing, health and education contribute and aggravate the demand for slavery. Yet, it is an essential first step. I am not one to argue against incremental steps in dealing with a particularly complex and vexatious problem. I don’t want to let perfection stand in the way of good.

I look forward to hearing other ideas at committee that will strengthen the bill. I am particularly encouraged that this bill comes with cross-party support. I hope we can all work more in this way.

Let me close by saying that modern slavery is a scourge on our world. It catches us all in its net; there is no one who is completely innocent, whether knowingly or unknowingly. I recall the words of Frederick Douglass, a famous abolitionist:

No man can put a chain about the ankle of his fellow man without at last finding the other end fastened about his own neck.

Colleagues, let us take this first step in discarding these chains. Thank you very much.

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