Beyond Decriminalization: Sex-work, Human Rights and a New ...

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reform“fee-for-service” operation – the business transaction and association between the parties ends at thedestination. 17In contrast, “trafficking” involves an association that continues beyond the person’s arrival at thedestination, and frequently is exploitative and violent. In some cases, smuggling turns into trafficking.18 Trafficking does not necessarily contravene immigration laws; trafficking can occur in thecontext of legal entry into a receiving or transit state. Unlike smuggling, the movement of a personto a different location is not what constitutes trafficking, rather it is the deception, coercion or forceexercised on a person to become or remain in servitude that defines trafficking. 19The key components of trafficking include the use of some form of deception, coercion or forcein order to exploit the trafficked person upon their arrival at the destination. Usually, the traffickedperson is subject to either sexual exploitation or forced labour. Most cases of trafficking investigatedby the Canadian law enforcement involve individuals engaged in the sex industry. 20Canada is a known to be a country of transit and destination for trafficked persons. Internal traffickingof both Canadians and non-Canadians takes place throughout the country. For example, lawenforcement agencies are aware that some organized crime groups engage in the trafficking of persons,both Canadians and non-Canadians, among provinces for the purposes of prostitution and otheractivities. 21Trafficking in persons is described as a modern-day form of slavery involving victims who are typicallyforced, defrauded or coerced into sexual or labour exploitation. Some agencies and organizationsargue that it is among the fastest growing criminal activities, occurring both worldwide and in individualcountries. 22 A UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children defines trafficking in persons as:the recruitment, transportation, transfer, harbouring or receipt of persons, by means of thethreat or use of force or other forms of coercion, of abduction, of fraud, of deception, of theabuse of power or of a position of vulnerability or of the giving or receiving of payments orbenefits to achieve the consent of a person having control over another person, for the purposeof exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitutionof others or other forms of sexual exploitation, forced labour or services, slavery or practicessimilar to slavery, servitude or the removal of organs. 23Consent of a person to exploitation is irrelevant if there has been any coercion or deception involved. 24StatisticsEach year, it is estimated that anywhere between 700,000 to four million persons are traffickedglobally. 25 Approximately 80 percent of global trafficking victims are female, 70 percent of whom aretrafficked in the commercial sex industry. 26 The Royal Canadian Mounted Police (RCMP) estimatesthat 800 persons are trafficked into Canada per year. However, some non-governmental organizations17 RCMP, “Project Surrender: A strategic intelligence assessment of the extent of human trafficking to Canada,” 30 Jan 2004 at 18.18 Ibid. at 6.19 Office to Monitor and Combat Trafficking in Persons , “Trafficking in Persons Report” 3 June 2005 (U.S. Department of State) at10, online: .20 Supra note 17 at 8.21 Protection Project, The, “2005 Human Rights Report on Trafficking in Persons, Especially Women and Children,” 2005 at 1,online: .22 Supra note 19 at introduction.23 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United NationsConvention Against Transnational Organized Crime, United Nations, 2000, Article 3(a).24 Ibid. at Article 3(b).25 Supra note 17 at 5.26 International Rescue Committee, Trafficking Watch, Issue No. 5, Summer 2004 at 9.199