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Cablegate: Canada's Tip Report Submission

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DE RUEHOT #0346/01 0671910
ZNR UUUUU ZZH
O 071910Z MAR 08
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7473
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASH DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS SECTION 01 OF 16 OTTAWA 000346

SIPDIS

SENSITIVE
SIPDIS

G/TIP, G, INL, DRL, PRM, WHA/PPC

E.O. 12958: N/A
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN KFRD CA
SUBJECT: CANADA'S TIP REPORT SUBMISSION

REF: STATE 2731

1. (SBU) OVERVIEW OF CANADA'S ACTIVITIES TO ELIMINATE TIP

A. Canada is principally a transit and destination country
for trafficking in persons (TIP). NGOs estimate that
approximately 2,000 people are subject to trafficking into
Canada each year. The Royal Canadian Mounted Police (RCMP)
has estimated that approximately 600-800 persons were
trafficked into Canada annually and that an additional 1,500
to 2,200 persons were trafficked through Canada into the
United States.

According to the Canadian government, victims of trafficking
to or through Canada come primarily from Asia -- in
particular Thailand, Cambodia, Malaysia, Vietnam -- as well
as parts of Africa and Eastern Europe. Victims trafficked to
Canada are sent largely to Vancouver, Toronto, and Montreal.
(A member of Korea's national police force is posted to the
Korean consulate in Vancouver in part to assist with
trafficking matters.) Canadian intelligence indicates, and
Canadian law enforcement findings support, that trafficked
persons in Canada are predominantly forced to work in the sex
trade. A study by Criminal Intelligence Service Canada
(CISC) confirmed that a link exists between organized crime
networks and trafficking for sexual exploitation in Canada.

NGOs and faith-based organizations have noted that Canada is
also a labor trafficking destination.

Canada is not a significant country of origin for victims,
but ongoing investigations have indicated that some Canadian
nationals are trafficked domestically. A report from the
Standing Committee on the Status of Women cited testimony
that aboriginal females are at greater risk of becoming
victims of trafficking.

Canadian government efforts to enhance border integrity and
security have helped limit the number of irregular migrants
entering Canada. The number of improperly documented
arrivals (IDAs) at Canada's airports is at its lowest since
the collection of these statistics began in 1989.

The Canadian government and the USG jointly prepared a
U.S.-Canada Bi-National Assessment of Trafficking in Persons.
The Canadian government also released a 2007 Annual Criminal
Intelligence Service Canada Report on Organized Crime, which
is available on-line and which provides a general assessment
of trafficking in persons.

B. As the U.S.-Canada Bi-National Threat Assessment
highlighted, traffickers tended to be members of larger
criminal organizations, members of small criminal groups, or
individual criminals. Organized crime groups are involved in
transnational trafficking to varying degrees. This can range
from involvement in a specific phase of the TIP cycle (e.g.
transport) to the facilitation of entire operations,
including coordinating exploitation in the commercial sex
trade.

Trafficking victims enter Canada through both legal and
illegal means. Some enter with genuine passports, entry
documents, and/or work visas. Others use falsified or
altered entry documents, such as photo substitutions, or gain
entry as impostors. Fraudulent offers of employment
sometimes support applications to obtain visas and convince
border and consular officials that victims intend to return
to their countries of origin. Traffickers sometimes also
bring victims into Canada utilizing established smuggling
routes and methods.

Trafficking victims often receive promises of well-paying
QTrafficking victims often receive promises of well-paying
jobs as caregivers, waitresses, models or other legal
occupations. The use of threats or other forms of coercion
sometimes compels victims to perform services.

According to NGOs and victim-assistance organizations, labor
trafficking victims often enter Canada legally with a valid
work permit. In many cases, the victims, especially from
Asia, paid "recruiting agencies" in their home countries to
arrange agricultural jobs in Canada. Once in Canada,
"agents" then inform them they are in Canada illegally and
threaten to have them deported if they try to escape.

C. Seventeen federal departments and agencies are members of
an Interdepartmental Working Group on Trafficking in Persons

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(IWGTIP). Working group chairs rotate, with senior officials
from the Justice Canada and Public Safety Canada as the
current co-chairs. The IWGTIP includes the Canada Border
Services Agency (CBSA), Canadian Heritage, the Canadian
International Development Agency (CIDA), Criminal
Intelligence Service Canada (CISC), Citizenship and
Immigration Canada (CIC), Justice Canada, the Department of
Foreign Affairs and International Trade (DFAIT), Health
Canada, Human Resources and Social Development Canada, Indian
and Northern Affairs Canada, the Passport Office, the Privy
Council Office (PCO), the Public Prosecution Service of
Canada, Public Safety Canada, the Royal Canadian Mounted
Police (RCMP), Statistics Canada, and Status of Women Canada.


D. There are no systemic limitations on the Canadian
government's ability to address TIP, nor is there any
evidence of corruption by Canadian authorities in trafficking
matters.

Due to Canada's immigration laws, many labor trafficking
victims enter Canada legally, making it difficult to identify
and investigate these cases. NGOs have called for the
government to commit additional resources to fight labor
trafficking and investigate employers suspected of
exploitation.

E. The IWGTIP coordinates and monitors federal
anti-trafficking efforts effectively. Canada shares its best
practices and makes available its assessments in a range of
international fora, including the OAS, OSCE, UN, G8, the Bali
Process, and the Regional Conference on Migration. Canada
made several presentations related to trafficking at the
Regional Conference on Migration meetings in 2007 and 2008.
Canada played an active role in the Open-Ended Interim
Working Group of Government Experts on Technical Assistance
in Vienna October 3-5, 2007. Canada also participated in the
Vienna Forum to Fight Human Trafficking.

The government does not keep a running country-wide list of
statistics on TIP cases. It compiles available data to share
with the USG, but officials have noted that many arrests and
investigations are at the provincial -- not federal -- level.
However, the federal government has funded a study on the
feasibility of establishing a national data collection
framework, including consultations with key stakeholders.
The outcome of the study is not yet available.

2. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS

A. Canada's criminal laws prohibit trafficking in persons
regardless of whether the trafficking occurs wholly within
Canada or whether it involves bringing victims into Canada
for the purpose of exploitation. Criminal laws apply across
Canada and provide a uniform approach to addressing
trafficking in persons and related conduct.

The Criminal Code of Canada contains three specific
indictable offenses to combat trafficking in persons,
following the enactment in 2005 of Bill C-49, "An Act to
Amend the Criminal Code (trafficking in persons)." The
Criminal Code sections read:

Section 279.01 - (1) Every person who recruits, transports,
transfers, receives, holds, conceals or harbors a person, or
exercises control, direction or influence over the movements
of a person, for the purpose of exploiting them or
facilitating their exploitation is guilty of an indictable
offense and liable (a) to imprisonment for life if they
kidnap, commit an aggravated assault or aggravated sexual
Qkidnap, commit an aggravated assault or aggravated sexual
assault against, or cause death to, the victim during the
commission of the offense; or (b) to imprisonment for a term
of not more than fourteen years in any other case. (2) No
consent to the activity that forms the subject-matter of a
charge under subsection (1) is valid.

Section 279.02 - Every person who receives a financial or
other material benefit, knowing that it results from the
commission of an offense under subsection 279.01(1), is
guilty of an indictable offense and liable to imprisonment
for a term of not more than ten years.

Section 279.03 - Every person who, for the purpose of
committing or facilitating an offense under subsection
279.01(1), conceals, removes, withholds or destroys any
travel document that belongs to another person or any

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document that establishes or purports to establish another
person's identity or immigration status is guilty of an
indictable offense and liable to imprisonment for a term of
not more than five years, whether or not the document is of
Canadian origin or is authentic.

Section 279.04 clarifies that for the purposes of sections
279.01 to 279.03, a person exploits another person if they
(a) cause them to provide, or offer to provide, labor or a
service by engaging in conduct that, in all the
circumstances, could reasonably be expected to cause the
other person to believe that their safety or the safety of a
person known to them would be threatened if they failed to
provide, or offer to provide, the labor or service; or (b)
cause them, by means of deception of the use of threat of
force or of any other form of coercion, to have an organ or
tissue removed.

These specific TIP offenses supplemented previously-existing
Criminal Code offenses that are applicable to trafficking in
persons cases, including kidnapping, forcible confinement,
uttering threats, extortion, sexual assault,
prostitution-related offenses, and criminal organization
offenses.

The Immigration and Refugee Protection Act (IRPA), which came
into force in June 2002, also included a human trafficking
offense (Section 118) that applies to cases involving
trans-border trafficking, as well as offenses that are
applicable to trafficking. The trafficking-related IRPA
citations read:

Section 117 - (1) No person shall knowingly organize, induce,
aid or abet the coming into Canada of one or more persons who
are not in possession of a visa, passport, or other document
required by this Act. (2) A person who contravenes
subsection (1) with respect to fewer than 10 persons is
guilty of an offense and liable (a) on conviction on
indictment (i) for a first offense, to a fine of not more
than C$500,000 (approximately US$485,000) or to a term of
imprisonment of not more than 10 years, or to both, or (ii)
for a subsequent offense, to a fine of not more than
C$1,000,000 (US$967,000) or to a term of imprisonment of not
more than 14 years, or to both; and (b) on summary
conviction, to a fine of not more than C$100,000 (US$97,000)
or to a term of imprisonment of not more than two years, or
to both. (3) A person who contravenes subsection (1) with
respect to a group of 10 persons or more is guilty of an
offense and liable on conviction by way of indictment to a
fine of not more than C$1,000,000 (US$967,000) or to life
imprisonment, or to both. (4) No proceedings for an offense
under this section may be instituted except by or with the
consent of the Attorney General of Canada.

Section 118 - (1) No person shall knowingly organize the
coming into Canada of one or more persons by means of
abduction, fraud, deception or use of threat of force or
coercion. (2) For the purpose of subsection (1), "organize",
with respect to persons, includes their recruitment of
transportation and, after their entry into Canada, the
receipt or harboring of those persons.

Section 119 - A person shall not disembark a person or group
of persons at sea for the purpose of inducing, aiding or
abetting them to come into Canada in contravention of this
Act.

Section 120 - A person who contravenes section 118 or 119 is
guilty of an offense and liable on conviction by way of
Qguilty of an offense and liable on conviction by way of
indictment to a fine of not more than C$1,000,000 (US$
967,000) or to life imprisonment, or to both.

Section 121 - (1) The court, in determining the penalty to be
imposed under subsection 117(2) or (3) or section 120, shall
take into account whether (a) bodily harm or death occurred
during the commission of the offense; (b) the commission of
the offense was for the benefit of, at the direction of or in
association with a criminal organization; (c) the commission
of the offense was for profit, whether of not any profit was
realized; and (d) a person was subjected to humiliating or
degrading treatment, including with respect to work or health
conditions or sexual exploitation as a result of the
commission of the offense. (2) For the purposes of paragraph
(1)(b), "criminal organization" means an organization that is
believed on reasonable grounds to be or to have been engaged
in activity that is part of a pattern of criminal activity

OTTAWA 00000346 004 OF 016


planned and organized by a number of persons acting in
concert in furtherance of the commission of an offense
punishable under an Act of Parliament by way of indictment or
in furtherance of the commission of an offense outside Canada
that, if committed in Canada, would constitute such an
offense.

B. Criminal Code Section 279.01 states that the maximum
penalty for a person convicted of a trafficking in persons
offense, including trafficking for the purpose of sexual
exploitation, is life imprisonment where it involves
kidnapping aggravated assault or sexual assault, or death and
a maximum penalty of 14 years in all other cases. The
maximum penalty for a trafficking in persons conviction under
IRPA is life imprisonment and/or a fine not exceeding
C$1,000,000 (US$967,000).

C. The provisions outlined above also apply to trafficking
for the purposes of forced labor, with the same penalties.
Canada's criminal laws also apply to offenses that have taken
place, in part, in another country, provided that there is a
factual link between Canada and the offense.

D. The maximum penalties for sexual assault offenses range
from ten years to life imprisonment. The penalty is 10 years
for sexual assault, a maximum of 14 years with a mandatory
minimum penalty of four years where a firearm is used for
sexual assault with a weapon, and a maximum of life
imprisonment with a mandatory minimum penalty of four years
where a firearm is used for aggravated sexual assault.

On February 28, 2008, Bill C-2, "The Tackling Violent Crime
Act," received Royal Assent after passage by both houses of
Parliament. Bill C-2's reforms included increasing these
mandatory minimum penalties to five years for a first offense
and seven years for a second or subsequent offense for eight
specific offenses involving the actual use of firearms
(attempted murder, discharging a firearm with intent, sexual
assault with a weapon, aggravated sexual assault, kidnapping,
hostage taking, robbery, and extortion), when the offense is
gang-related, or with use of a restricted or prohibited
firearm such as a handgun.

E. The Criminal Code does not prohibit adult prostitution.
However, three classes of activities related to prostitution
are illegal: keeping or being an inmate in a common
bawdy-house (S.210); procuring or living on the avails of
prostitution (S.212); and, communicating in a public place
for the purpose of engaging in prostitution (S.231).

All prostitution involving minors (under age 18) is illegal.
Criminal Code subsection 212(2) imposed a maximum penalty of
14 years imprisonment for living on the avails of the
prostitution of a person under 18 years. Subsection 212(2.1)
imposed a mandatory minimum penalty of five years and a
maximum of 14 years for living on the proceeds of the
prostitution of a person under 18 through the use of
force/intimidation/coercion. Subsection 212(4) prohibited
obtaining for consideration the sexual services of a minor,
or communicating with anyone for that purpose, and imposed a
mandatory minimum penalty of six months and a maximum of five
years imprisonment.

F. During the reporting period, Canadian authorities filed at
least 13 charges involving cases of alleged trafficking for
sexually exploitative purposes under section 279.01 of the
Criminal Code. Additionally, Canadian authorities filed at
QCriminal Code. Additionally, Canadian authorities filed at
least four charges under section 279.03 of the Criminal Code.
These cases involved both adult and child victims. Some of
these victims were brought into Canada to be exploited, while
others originated from within Canada. The Canadian
government has noted that some municipal, territorial, and
provincial investigations, prosecutions, and convictions of
trafficking-related cases may not have been reported to the
federal government.

The RCMP was involved in numerous trafficking in persons
investigations during the reporting period, including in
partnership with municipal police forces across Canada and,
in some cases, with U.S. state or federal law enforcement
agencies.

To date, Canadian courts have not convicted anyone under
either the IRPA or Criminal Code trafficking in persons
offenses.


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In June 2007, a British Columbia court issued its decision in
R. v. Ng, Canada's first prosecution under IRPA Section 118.
Ng was cleared of all trafficking charges, but was found
guilty of a number of other offenses related to the use of
false documents, pimping, and the keeping of a common bawdy
house. Sentencing deliberations are ongoing.
In May 2007, Canada filed its first charge of human
trafficking under its 2005 Criminal Code amendment
specifically dealing with trafficking in persons. The RCMP
charged two Canadian citizens -- Nichan Manoukian and his
wife Manoudshag Saryboyadjian -- with trafficking in persons,
receiving material benefit from trafficking, and withholding
travel or identity documents related to their treatment of
their Ethiopian nanny. In December 2007, however, the Crown
withdrew the criminal charges against them, citing new
evidence.

In January 2008, the Toronto Police Service filed human
trafficking and prostitution charges against six individuals
of Russian and Ukrainian descent. The case came to light
after a Romanian woman walked into a Toronto Police Service
substation and answered that she was being forcibly held and
forced to perform prostitution-related services. According
to police information, the woman and another victim -- a
Russian national whom police located after the original
victim entered a police station -- traveled to Canada on
forged Israeli passports. Legal proceedings against the six
accused are ongoing.

NGOs have commented that Canada should more proactively seek
out instances of trafficking by investigating massage parlors
and escort services and that Canada's "reactive" approach to
trafficking was one reason for its lack of trafficking
convictions.

G. The RCMP provides law enforcement training on trafficking
in persons bi-annually at its Immigration and Passport
Investigators Course for its own staff and officials from
other agencies and police forces. The week-long training
session includes a full day dedicated to trafficking in
persons and includes in-depth informative training and
discussion on relevant sections of the IRPA and the Criminal
Code, as well as training on current investigative techniques
and identification of potential victims.

In addition, in 2007 the RCMP organized a series of regional
events involving an integrated training approach for
front-line officers. These week-long events consisted of
scenario-based workshops with presentations by the RCMP,
Justice Canada, CBSA, CIC, and the Public Prosecution Service
of Canada, along with presentations of TIP case studies from
municipal police services across Canada. Sessions took place
in May 2007 in Toronto, November 2007 in Edmonton, and
February 2008 in Atlantic Canada. There will be
approximately twelve more TIP workshops across Canada in 2008.

During various training courses, presenters provide
information on the temporary resident permit (TRP) available
to foreign nation victims of trafficking. Presenters also
provide participants with a 24-hour toll-free number should
they need more information on the program during non-business
hours.

The RCMP Human Trafficking National Coordinating Center
(HTNCC) also provides TIP awareness to new RCMP recruits.

CBSA Migration Integrity Officers (MIOs) receive extensive
specialized training, including training in passport and
Qspecialized training, including training in passport and
document fraud, intelligence collection and reporting,
identification of inadmissible persons, threats to national
security, and detection of migrant smuggling and trafficking
in persons. All CBSA Border Services Officers undergo
immigration training during a 13 week Port of Entry Recruit
Training program at the CBSA Learning Center. An interactive
computer-based training package will also be available
electronically to officers in the field.

CBSA officers also receive training on the special needs of
smuggled or trafficked children, as well as on how to
identify and assist missing and abducted children.

Immigration officers receive training on the global problem
of trafficking in persons, including how to recognize and
interact with a potential victim of trafficking and potential
referral services.


OTTAWA 00000346 006 OF 016


Justice Canada officials work closely with the UN Office on
Drugs and Crime on the development of an advanced training
manual for law enforcement, prosecutors, and the judiciary,
as well as model legislation addressing not only the criminal
law requirements contained in the Trafficking Protocol, but
also measures to provide assistance and protection to
trafficking victims. Canada actively participated in the
development of Regional Guidelines for Special Protection in
Cases of Repatriation of Child Victims of Trafficking,
approved in April 2007, at the New Orleans Regional
Conference on Migration.

H. Canada cooperates fully with other governments in the
investigation and prosecution of trafficking cases.

In addition to ratifying the Convention against Transnational
Organized Crime and its protocols on migrant smuggling and
TIP, Canada has bilateral and multilateral treaties dealing
wholly or partially with mutual legal assistance. The Mutual
Legal Assistance in Criminal Matters Act enables Canadian
authorities to respond to treaty requests to obtain search
warrants, evidence gathering orders, and other warrants
available under the Criminal Code on behalf of a requesting
state assuming the legal and evidential basis for the order
exists.

During the reporting period, Justice Canada received one
request for mutual legal assistance in relation to a
trafficking case that is currently under investigation by
another country. The RCMP continues to participate in a
Canada/China working group on law enforcement, including
trafficking in persons investigations.

RCMP International Liaison Officers are stationed throughout
the world, responsible for developing and maintaining liaison
as well as exchanging information with foreign officials and
international partners, including in source countries such as
Asia and Europe. According to the federal government, the
RCMP and municipal police services are now involved in
several international trafficking in persons investigations.

I. Canada's Extradition Act, along with various extradition
agreements, provides the legal framework to extradite persons
from Canada at the request of an extradition partner for the
purposes of prosecuting that person, imposing a sentence upon
them, or enforcing a sentence on that person. Generally, the
offense for which the extradition is requested must be
punishable by imprisonment of at least two years. Canada
cooperates with other countries to extradite individuals,
including its own nationals, when trafficking offenses take
place abroad.

J. There is no evidence of any government involvement in, or
tolerance of, trafficking.

K. There is no evidence of any government involvement in
trafficking in persons.

L. There are no known cases of any Canadian officials abroad
engaging in or facilitating trafficking in persons. The
government has pledged vigorously to investigate and, as
appropriate, prosecute any officials suspected of such
involvement under Canada's laws.

According to NGO representatives and other TIP experts, there
are no known instances of any members of the Canadian Forces
engaging in trafficking-related activity while on
peacekeeping missions overseas.

M. Canada is a source country for sex tourists. According to
NGOs and activists, anecdotal evidence suggests Canada is
also a destination country, particularly for sex tourists
Qalso a destination country, particularly for sex tourists
from the United States. ECAPT International's 2006 report on
Canada, as well as Canadian NGOs, reported some evidence that
individuals traveled to Canada to take advantage of the
country's relatively low age of sexual consent. In February
2008, however, the Canadian Parliament acted to help protect
children by passing Bill C-2, the "Tackling Violent Crime
Act," which raised the age of consent to sexual activity
(non-commercial) from 14 to 16 years old.

The Criminal Code allows Canada to prosecute Canadian
citizens and permanent residents who sexually assault
children abroad when the alleged criminal is not
charged/convicted by the country in which the offense is
alleged to have been committed. An amendment to the Code in

OTTAWA 00000346 007 OF 016


1997 permitted the prosecution of Canadian citizens or
permanent residents who engage in prohibited sexual activity
with children while abroad (subsection 7(4.1)), including
seeking/obtaining the sexual services of any person under 18
years. This legislation stipulated that Canada could
initiate prosecution only at the request of the country where
the crime reportedly happened, as well as the consent of
Canada's Attorney General, except in cases of child
prostitution. In 2002, Parliament passed Bill C-15A ("An Act
to Amend the Criminal Code and to Amend Other Acts"), which
simplified the process of prosecuting Canadians who sexually
assault children abroad by removing the requirement that the
country in which the crime was committed must request the
criminal be prosecuted in Canada.

Canada has convicted one person of sex tourism, a Vancouver
hotel worker who pleaded guilty to acts of sexual aggression
(seven of which were against a minor in Asia) and received a
10 year sentence in 2005.

Two additional cases are currently before the courts in
Canada. The Canadian government is aware of at least 110
cases involving Canadians charged with/prosecuted by
destination countries for engaging in child molestation.

NGOs and outside experts have commented that Canada has the
necessary laws on the books but does not enforce these laws
actively enough. Specifically, they have recommended that
Canada station RCMP officers abroad dedicated solely to
investigating sex tourism, and have criticized Canada for
seeming to prefer to have the country in which the crime was
alleged to have taken place prosecute Canadian and other
foreign sex tourists. They cited the fact that Canada has
only convicted one person for sex tourism as evidence that
Canada is not doing enough.

3. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS

A. In June 2007, Canada's Minister of Citizenship and
Immigration introduced new measures extending the length of
temporary resident permits (TRPs) for victims of human
trafficking to 180 days, up from the previous 120 days.
Victims are also now eligible to apply for a fee-exempt work
permit, an option previously unavailable. Depending on the
circumstances of individual cases, victims can seek renewal
of their TRPs at the end of the 180-day period.

May 2006 guidelines provide TRP holders with access to
Canada's Interim Federal Health Program, which covers
essential and emergency health services for the treatment and
prevention of serious medical conditions and the treatment of
emergency dental conditions. In the case of trafficking
victims, trauma counseling is also included.

Trafficking victims are not required to testify against their
trafficker to gain temporary or permanent immigrations
status. Canada has undertaken efforts to encourage the
participation of victims in supporting the prosecution of
alleged offenders including the provision of victim support
and assistance and the use of testimonial aids.

There are additional avenues available for individuals to
remain in Canada temporarily or permanently, such as
provisions for humanitarian and compassionate consideration
and the permit holder class. Persons who feel at risk of
persecution, torture, or cruel and unusual treatment or
punishment upon return to their countries of nationality may
make an in-Canada refugee claim.
Qmake an in-Canada refugee claim.

In October 2007, a member of the Senate of Canada introduced
bill S-218 (The Protection of Victims of Human Trafficking
Act) to codify as law the procedures for trafficking victims
to receive temporary resident status. The bill would amend
IRPA to provide for the issuance of a victim protection
permit authorizing a trafficking victim to remain in Canada
as a temporary resident for 180 days, or for three years in
certain circumstances. The bill remains under consideration
in the Senate.

B. The protection of victims of crime is a shared
responsibility between the federal and provincial/territorial
governments. Numerous programs and services are available to
victims of crime, including trafficking victims. These range
from health care to emergency housing and social and legal
assistance. Each province and territory separately
administers legal aid programs, with eligibility based

OTTAWA 00000346 008 OF 016


primarily upon financial need. Similarly, social services
such as emergency financial assistance, including food
allowances and housing, are at the provincial and territorial
levels and available to those in need.

NGOs and faith-based organizations have claimed that the
majority of victims rely upon them for assistance such as
shelter and food. Some of these organizations receive
government funding. See Section 2 (C) below.

In October 2007, a Member of Parliament submitted a motion
(M-217) to the House of Commons urging the government to
establish safe houses under federal jurisdiction but run by
NGOs to provide medical treatment and shelter for trafficking
victims. The motion includes a stipulation of making the
shelters known to female immigrants from 15 to 21 years old,
by providing them with the shelters' telephone numbers upon
arrival in Canada. The motion remains in the Commons.

C. The government provides funding and other forms of support
to foreign and domestic NGOs for services to victims. In
2000, the government established the Victims' Fund at Justice
Canada to encourage the development of new approaches to meet
the needs of crime victims. Community groups and NGOs may
apply to the Victims' Fund to develop programs to fill gaps
in the delivery of services to victims. The Policy Center
for Victim Issues at Justice Canada also provides
victim-support by commissioning research on victim-related
issues, creating and disseminating fact sheets on victim
issues, and consulting with NGOs and victims.

In 2007, the government provided C$5 million (US$4.8 million)
to support initiatives to increase victims' confidence, raise
awareness about the needs of crime victims, and facilitate
the provision of available services and assistance to victims
and their families. In 2007, the government also allocated
an additional C$52 million (US$50.2 million) over the next
four years for programs, services, and funding to support
federal, provincial, and territorial efforts to meet the
needs of victims of crime.

DFAIT and CIDA provide technical assistance and foreign aid
overseas to support the prevention of trafficking, the
prosecution of traffickers, and the protection of victims,
including:

-- CIDA, in partnership with Save the Children Canada, funds
Fight against Child Trafficking in West Africa, which aims to
eliminate the trafficking of children into forced labor and
to support the rehabilitation of children who have been
trafficked in West Africa;
-- CIDA supports the OSCE/ODIHR Anti-Trafficking Program
European regional program to combat trafficking, which is
working to coordinate and implement activities across the
former Soviet Union and South-East Europe;
-- From 2004-2010, CIDA supports the Southeast Asia Regional
Cooperation in Human Development (SEARCH) program, which
works with the United National Interagency Program to address
trafficking in persons in the Greater Mekong Sub-region.
D. Please see Section 2 (G) for examples of training efforts,
which include modules on recognizing and protecting victims.

The RCMP has updated the existing TIP reference guide for
Canadian law enforcement to include additional information
about the identification and protection of victims and useful
tips for interviewing victims. The government will
distribute the guides to law enforcement throughout Canada.
Qdistribute the guides to law enforcement throughout Canada.
Training for law enforcement officers includes sensitization
to the special needs of victims prior to the execution of
operations, i.e. prior to a raid on a massage parlor, when
both victims and offenders may be on-site. The RCMP has also
developed step-by-step guidelines for international and
domestic cases on how to treat victims once they are
identified. The RCMP, in conjunction with its federal
partners, prepared an anti-TIP training film on how to
identify and protect victims. The RCMP shows the film to
NGOs and law enforcement groups. The RCMP is currently
developing a new awareness film that will include information
about domestic trafficking cases, as well as labor
trafficking.

CIC's guidelines to assess whether a foreign national may be
a victim of trafficking in persons include a checklist of
indicators to assist officers in distinguishing a possible
TIP victim from a routine case of irregular migration. When,
in the judgment of an officer, an adequate number of

OTTAWA 00000346 009 OF 016


indicators are present, the officer has the option of
referring the possible TIP victim to CIC for consideration
for a TRP. The guidelines instruct both CIC and CBSA
officers to take action to ensure the safety of the possible
victim and ensure that the possible victim is separated from
the control and custody of any possible trafficker. They
also must coordinate with partners to ensure the victim will
go to a shelter or receive police protection, as appropriate.
The guidelines advise officers to proceed with extreme tact
and sensitivity once a person is identified as a possible TIP
victim. The guidelines also include special provisions for
dealing with child victims of trafficking. From March 2007
to February 2008,
CIC issued TRPs in this category to four people.

E. As noted in Section 2 (F), while prostitution is not
illegal in Canada, many of the activities surrounding it are
illegal. Also, as noted in Section 2 (D), law enforcement
officers receive training on how to identify trafficked
victims and how to be sensitive to their special needs.

F. Canada respects the rights of victims. The Canadian
Statement of Basic Principles of Justice for Victims of Crime
outlines the basic principles that guide the development of
policy, programs, and legislation pertaining to all victims
of crime in Canada.

G. The government does not require victims to assist in the
investigation or prosecution of alleged offenders. However,
victims who are supported and assisted throughout the
criminal justice process are more likely to support a
criminal prosecution. Toward this end, Canada's Criminal
Code contains numerous provisions to facilitate a
victim's/witness's participation in criminal proceedings.
Many of these aids have been available to child
victims/witnesses since 1998. In 2005, Canada expanded these
provisions so that they are available to vulnerable adult
victims and witnesses as well, including TIP victims. The
provisions include:

Section 486.1 - (1) Authorizes the presence of a support
person for a child witness or person with a mental or
physical disability when that person testifies in any
proceeding unless the support person's presence would
interfere with the proper administration of justice. (2)
Authorizes the presence of a support person for all other
witnesses where doing so would be necessary to obtain a full
and candid account from the witness of the acts complained
of. In determining whether to permit a support person in
this case, the judge/justice must take into consideration the
age of the witness, whether the witness has a physical/mental
disability, the nature of the offense, the nature of any
relationship between the witness and the accused and any
other circumstances that are considered relevant by the
judge/justice.

Section 486.2 - (1) Authorizes the giving of testimony
outside of the court room (via closed/circuit television) or
behind a screen or other device by a child witness or of a
witness who has difficulty communicating evidence by reason
of a mental of physical disability. Such measures must not
interfere with the proper administration of justice. (2)
Authorizes the giving of testimony outside the court room
(via closed/circuit television) or behind a screen or other
device for all other witnesses if the judge/justice is of the
opinion that it is necessary to obtain a full and candid
Qopinion that it is necessary to obtain a full and candid
account from the witness of the acts complained of. In
determining whether to permit such measures, the
judge/justice must take into consideration the age of the
witness, whether the witness has a physical/mental
disability, the nature of the offense, the nature of any
relationship between the witness and the accused and any
other circumstances that are considered relevant by the
judge/justice.

Sections 714.1-714.4 authorize a witness to provide evidence
by means of audio or video technology, where deemed
appropriate by the court, from either within Canada or
outside Canada.

While the government does not keep statistics regarding the
number of victims who participated in the investigation and
prosecution of trafficking offenses, available information
indicates that, during the reporting period, a number of
victims did assist in investigations and prosecutions.


OTTAWA 00000346 010 OF 016


A victim is entitled to prepare a victim impact statement,
which is a written statement made by the victim that
describes the harm done to the victim and, more generally,
the impact the crime has had on his/her life. The court must
take statement into account when considering the sentence of
the guilty.

Civil redress against perpetrators of crime is a matter of
provincial/territorial responsibility in Canada. The
provinces and territories have enacted legislation in their
respective jurisdictions that outline numerous rights for
victims of crime including, in most cases, the right to seek
compensation.

At the federal level, the Criminal Code authorized the
imposition of a victim surcharge in addition to any other
sentence ordered for an offender convicted or discharged of
an offense. This money funds, in part, provincial and
territorial victim services and programs.

In addition, offenders sentenced for trafficking offenses
under the Criminal Code may receive a restitution order as
part of their sentence. A restitution order can be issued in
three instances: (a) to cover the cost of damage, the loss of
or destruction of the property of any person as a result of
the commission of an offense; (b) to cover all pecuniary
damages, including loss of income or support, to any person
who has suffered bodily harm as the result of the commission
of an offense; and (c) to cover the cost of all actual and
reasonable expenses incurred by a member of the offender's
household associated with a person having to move out of that
household to cover temporary housing, food, child care and
transportation, the offender is required to pay an amount
directly to the victim to cover monetary losses or damage to
property caused by the crime.

H. See Section 3 (B-C) above.

The Witness Protection Program Act provides legal framework
to protect persons who are involved in providing assistance
to law enforcement in various matters. Protection can
include relocation, accommodation, and change of identity, as
well as counseling and financial support necessary to ensure
the security of the person and to facilitate their
re-establishment and self-sufficiency. The Source Witness
Protection Program is housed within the RCMP. As of February
2008, no victims of human trafficking had applied for
protection under this program.

In 2007, the Manitoba provincial government introduced
legislation to codify provincial efforts to protect witnesses
in high-risk cases. The proposed law would create a Witness
Security Program to provide protection to witnesses in
criminal cases who are assessed to be at risk of injury or
death if they testify.

Victim service delivery is also the responsibility of
provincial/territorial governments. Each of the provinces
and territories has set up victim services to address the
needs of victims. Not all provincial/territorial victim
services follow the same model. They include court-based,
police-based, and system-based. The specific services
offered to victims, including those offered in shelters, may
include: the provision of information; support and referral;
short-term counseling; court preparation and accompaniment;
assistance in the completion of victim impact statements;
and, corrections information. Services are provided to all
victims of crime, although some provinces provide specialized
Qvictims of crime, although some provinces provide specialized
services including specific child victim witness programs,
assistance under provincial family violence legislation,
sexual assault/rape crisis centers, violence awareness
programs for women, partner assault response programs,
services to women and children, and initiatives from
aboriginal victims.

Provinces and territories are also primarily responsible for
the administration and enforcement of laws related to
children and youth, as well as the provision of socio-legal
services geared towards children. All provinces and
territories have child protection laws and agencies
responsible for assisting children in need, focused on the
principle of the best interest of the child. Where a child
is found to be in need of protection, an array of services to
meet the needs of the child comes into play.

I. Please see Section 2 (D) and Section 3 (D) for information

OTTAWA 00000346 011 OF 016


on training, including with respect to the needs of children.

Canadian embassies, consulates, and missions abroad fight
against trafficking in persons through the development of
relationships with NGOs and participation in international
conferences. The Canadian government has developed consular
guidelines for Canadian diplomats on the sexual exploitation
of children by Canadians abroad. These guidelines discuss
the law concerning child sex tourism and recommend referral
of complaints to the local law enforcement/local Interpol
office/RCMP liaison officer.

J. Social programs such as health care, emergency housing,
legal aid, or emergency financial assistance are primarily at
the provincial/territorial levels in Canada. Canadian
citizens and residents are entitled to apply for these
services as a right, although the exact eligibility
requirements for services based on financial need varies by
jurisdiction. None of these services is explicitly linked to
whether an individual is a victim of crime, however.

K. DFAIT also provides support to combat trafficking in
persons internationally through a variety of funding sources.
It makes a C$2.45 million (US$2.4 million) annual
contribution to the UN Office on Drugs and Crime and the
Global Peace and Security Fund.

Other DFAIT-funded anti-trafficking projects during the
reporting period include:

-- Support to the UN Convention on Transnational Organized
Crime -- priority to Latin America (Partner: UNODC): this
project provides technical assistance to bring the UN
Convention Against Transnational Organized Crime and its
protocol (including the Human Trafficking Protocol) into
effect as soon as possible;
-- Strengthening of National and Regional Capacities in
Preventing and Combating Trafficking in Persons in Central
America (Partner: UNODC): this project supports governments,
civil society, and the international community in the
harmonization of legislation to comply with the requirements
of the UN Trafficking in Persons Protocol;
-- Strengthening of the legal and law enforcement
institutions to prevent and combat human trafficking in Lao
PDR (partner: UNODC): this project strengthens Laos' ability
to investigate, prosecute, and convict traffickers through a
needs assessment and proposed amendments to criminal law
structures, training for criminal justice practitioners, and
law enforcement;
-- UN Global Initiative to Fight Human Trafficking - Meeting
on Trafficking in Children and Armed Conflict in Cote
d'Ivoire (Partner: UNODC): this project addresses the need
for strengthened capacities of anti-trafficking national task
forces, law enforcement agencies, the judiciary, and other
relevant practitioners in Central and West Africa;
-- Preventing Human Trafficking in the Malai District
(Partner: IOM Cambodia): this project promotes community
prevention efforts against trafficking in persons along the
Cambodian/Thai border;
-- Caribbean anti-Trafficking in Persons Awareness Raising
Seminar (Partner: OAS Department of Public Security): this
project increases awareness by all sectors of Caribbean
society of the scope of the trafficking in persons situation
through awareness raising and training governmental officials
on how to identify and protect trafficked victims;
-- Anti-Trafficking in Persons Train-the-Trainer Program for
Q-- Anti-Trafficking in Persons Train-the-Trainer Program for
Peacekeeping Personnel from the Americas (partner: OAS DPS):
this project strengthens the capacity of Latin American and
Caribbean peacekeeping forces to recognize the crime of
trafficking in persons and contribute to its prevention;
-- Shattered Dreams: Raising Awareness Among Vulnerable
Adolescents and Others on the Risks and Consequences of Human
Trafficking (Partner: IOM): this program disseminates the
animated video "Shattered Dreams," which aims at raising
awareness among vulnerable adolescents about the risks
associated with human trafficking in Thailand, Laos, Vietnam,
and Cambodia;
-- Organized Crime: A Threat to the Caribbean (Partner: OAS -
DPS): the project brought together a group of experts from
four areas related to organized crime, including trafficking
in persons and presented recommendations to the General
Secretariat;

SIPDIS
-- Three anti-trafficking projects in Haiti: an IOM project
supports the Haitian government's development of a
comprehensive counter-trafficking strategy; the Pan-American
Development Foundation migration project focuses on

OTTAWA 00000346 012 OF 016


stabilization and reconstruction of the Haiti-Dominican
Republic border region, which will strengthen the capacity of
the Haitian government and civil society to combat
trafficking and provide services to victims of trafficking;
and, an IOM project to enhance the Haitian government's
capacity to manage borders and regular migration flows
through the implementation of a legislative review, provision
of equipment at ports of entry, and the integration of Haiti
into a regional consultative process on migration.

Since 1996, Human Resources and Social Development Canada has
supported the ILO's International Program for the Elimination
of Child Labor's projects to eliminate child slavery, debt
bondage, serfdom, and other exploitative labor practices.

4. (SBU) PREVENTION

A. Canada fully recognizes that trafficking is a significant
problem.

B. The government supports a broad range of trafficking in
persons prevention and awareness measures.

In 2007, Justice Canada funded the development of an
education booklet for the public on trafficking in persons.
This builds on previous efforts including anti-trafficking
posters and pamphlets, as well as a website.

Through Status of Women Canada and its two funds -- the
Women's Community Fund and the Women's Partnership Fund --
Canada supports community and collaborative projects to
advance the equality of women, with violence against women
one of the two priority issues for 2007-2008.

The RCMP continues to work to raise awareness, both within
the law enforcement community and the general public, such as
programs organized in Ottawa in early 2008 by Zonta
International. The RCMP also raises awareness in the law
enforcement community with several TIP tools, including a
reference guide, awareness cards, posters, and a TIP film.
These awareness tools are part of law enforcement tool kits
that hundreds of law enforcement officials received in 2007.

CIC, in collaboration with Human Resources and Social
Development Canada, distributes information to temporary
foreign workers informing them where they can seek assistance
on issues related to employment as well as health and safety
standards. Live-in caregivers and their employers receive
information from a CIC publication, "The Live-In Caregiver
Program." The publication contains a sample contract,
contact information for provincial/territorial labor
standards officers, and live-in caregiver associations. The
Canadian visa office in Manila funds in-person group
orientation sessions further to prepare live-in caregivers
for work in Canada.

In January 2008, the government provided new funding of C$6
million (US$5.8 million) to strengthen existing initiatives
combating the sexual exploitation and trafficking of
children, including a national awareness campaign on
trafficking in persons and a 24/7 phone line to serve as a
central point for public reporting of possible TIP cases as
well as for obtaining general information about TIP.

Regarding projects that target vulnerable or potential
trafficked victims, the National Crime Prevention Center
supports trafficking prevention programs from a policy
perspective. It funded the development of a practical
assessment tool, called "Guidance on Local Safety Audits: A
Compendium of International Practice," which identified the
means to gather a clear picture of crime and victimization in
Qmeans to gather a clear picture of crime and victimization in
a given city, specified key populations and issues that
should be examined, including trafficking, and outlined
sources for information. The Center has also funded
preventive actions for populations most vulnerable to
trafficking, such as street youth, sexually exploited
children and youth, youth involved with drugs, and women
involved in the sex trade. The Center has also established
aboriginal specific initiatives.

Please see Section 3 (K) for additional information on
Canada's international technical assistance projects that
include prevention and awareness-raising.

C. Canada fully recognizes the importance of collaboration
with domestic partners, including the provinces and

OTTAWA 00000346 013 OF 016


territories, as well as members of civil society, to more
effectively to combat trafficking in persons. As noted
above, the RCMP delivered presentations on raising awareness
of trafficking in persons to civil society and the general
public. The government has conducted outreach to civil
society groups including the Canadian Council for Refugees to
inform them about new government programs and services to
assist victims. Status of Women Canada continues to support
the work of NGOs, including by financing an "environmental
scan" across Western Canada to assess the situation of women
and girls in relation to trafficking. Status of Women Canada
will partner with the province of Alberta for a second phase
of this work, which will involve the development of
intra-agency protocols for victims of sexual exploitation.

Provincial and territorial governments also work with NGOs to
fight trafficking in persons. In July 2007, British
Columbia's provincial Ministry of Public Safety and Solicitor
General launched the Office to Combat Human Trafficking to
identify gaps and barriers to providing services to
trafficked persons, and, in partnerships with key
stakeholders, to develop a comprehensive protocol. The
office collaborates with numerous jurisdictions and agencies,
including other provincial ministries, federal departments,
law enforcement agencies, and NGOs. NGOs have expressed the
hope that this office will play a significant role in helping
better to fight trafficking in British Columbia.

Canada also uses existing fora to engage the provinces and
territories on trafficking in persons. On February 28-29,
2008, the Labor Program in Human Rescues and Social
Development Canada held the annual
Federal/Provincial/Territorial workshop on International
Labor Organization issues. At the session, the IWGTIP
co-chairs gave a presentation on TIP and forced labor
awareness-raising to federal, provincial, and territorial
labor policy officials.

Canada also partners with the private sector to fight
trafficking, such as a collaboration with Microsoft to
develop the Child Exploitation Tracking System, which helps
law enforcement officials apprehend Internet-based sexual
predators. Please see Section 4 (G) for examples of Canada's
partnerships with the private sector at the international
level.

However, some NGOs have urged that the government provide
them with additional support since the NGOs claim to provide
the majority of assistance for victims.

D. Joint U.S.-Canadian Integrated Border Enforcement Teams
(IBETs) enhance border integrity and security along the
U.S.-Canada border by identifying, investigating, and
interdicting persons and organizations that pose a threat to
national security or are engaged in other border related
criminal activity. There are 15 IBET regions with 23
locations along the border. IBET's core agencies include the
RCMP and CBSA on the Canadian side, and CBP, ICE, and the
U.S. Coast Guard on the USG side. In addition to these five
core agencies, there are federal, provincial, territorial,
state, and municipal agencies within IBET.

Integrated Border Intelligence Teams (IBITs) support IBETs
and partner agencies by collecting, analyzing, and
disseminating tactical, investigative, and strategic
intelligence information pertaining to cross border crime
Qbetween the U.S. and Canada. They share this intelligence
with participating agencies to target
international/national/criminal organizations.

The Criminal Visa Screening Unit at the RCMP gathers
intelligence on potential travelers to Canada from foreign
countries for the purpose of targeting organized crime. It
is currently expanding specifically to focus on trafficking
in persons. The enhanced criminal screening process along
with location visits and on-site interviews in Canada by RCMP
and CBSA determine the validity of travel requests, the
accuracy of information presented by visitors, and potential
organized crime links.

CBSA monitors irregular migration to Canada and publishes
regular intelligence analyses, which identify trends and
patterns in irregular migration and migration-related crime,
including trafficking in persons. In addition, CBSA performs
a number of functions to prevent trafficking of persons into
Canada, to deter trafficking organizations from using Canada

OTTAWA 00000346 014 OF 016


as a destination country or a transit country, and to
investigate and support the prosecution of trafficking
offenders, including:
-- Migration Integrity Officers (MIOs) work with airline
security and local authorities in 39 countries to prevent
irregular migration, including migrant smuggling, by
interdicting individuals before they arrive in Canada;
-- MIOs provide advice to airlines on persons who may be
attempting to travel without proper documentation, and assist
visa officers in combating visa fraud;
-- MIOs work with international law enforcement partners to
detect trends and patterns in irregular migration and collect
and report intelligence information on irregular migration,
organized migration crime rings, and the routes and methods
they use;
-- Visa officers posted abroad by CIC are also trained to be
vigilant in identifying possible victims of trafficking when
examining both permanent and temporary applications submitted
abroad;
-- CBSA maintains Border Services Officers at 245 Ports of
Entry, who examine foreign nationals seeking entry to Canada
to ensure they have genuine, properly-obtained travel
documents, and are entering Canada for a genuine and lawful
purpose;
-- Enforcement officers receive training to identify possible
victims of trafficking in order to refer them to CIC
officials.

There is a high degree of security cooperation between
Canada, the United States, and Mexico, notably through the
Security and Prosperity Partnership of North America (SPP).
Canadian immigration visa officers and MIOs at Canadian
missions abroad collaborate on anti-fraud activities overseas
to ensure the integrity of the Canadian managed migration
program. Canada also cooperates with national police, as
well as the migration and law enforcement officers of various
embassies, to identify, investigate, and shut down criminal
organizations involved in document forgery and trafficking in
persons. Canadian immigration officers also provide
technical assistance to support collaborative efforts with
other countries on trafficking.

Immigration officers overseas support anti-trafficking
awareness and prevention through such methods as giving
presentations and participating in regional anti-trafficking
meetings and conferences.

In addition, a proposed "Act to Amend the Immigration and
Refugee Protection Act" (C-17) would allow immigration
officers, on the instructions of the Immigration Minister, to
use their discretion to refuse to issue work permits in
situations where individuals might be subjected to
humiliating or degrading treatment, including sexual
exploitation. As of March 2008, this bill is under review in
the House of Commons.

E. As noted in Section 1 (C), IWGTIP coordinates Canada's
federal anti-trafficking efforts. Canada does not have a
public corruption task force. Canada, however, ratified the
UN Convention against Corruption in October 2007.

F. Canada does not have a formal national action plan. In
its efforts to combat trafficking, however, it focuses on a
framework around what it calls the four "Ps:" prevention,
protection of victims, prosecution of officers, and through
partnerships.

G. Canadian strategies to combat trafficking in persons
address demand. Notably, Canada's criminal laws against
trafficking, prostitution, assault, sexual assault, and
Qtrafficking, prostitution, assault, sexual assault, and
forcible confinement help dissuade persons from engaging in
conduct that fuel the demand for exploitative labor or
services. In addition, Canada's trafficking offenses address
not only the trafficking of persons, but also those who
receive a financial or other material benefit from the
commission of a trafficking offense. Canada's sex tourism
offenses allow for the prosecution of those Canadian citizens
or permanent residents who travel abroad to engage in
prohibited sexual activity with children.

Canada also addresses demand by supporting programs that
raise awareness and train law enforcement officials to
identify victims and prosecute offenders. Canada supports
prevention awareness and research to address demand. Please
see Section 4 (H) for examples of efforts to prevent the
demand for child sex tourism.

OTTAWA 00000346 015 OF 016

In January 2008, the Public Safety Minister announced that
CIDA would provide C$2 million (US$1.9 million) to the
Canadian Center for Child Protection, a national charitable
organization. The Center will use the funds to pursue more
leads from the public about the suspected on-line
exploitation of children, raise public awareness better to
protect children, and develop educational materials on issues
related to child sexual exploitation. The Center also runs
Cybertip.ca, Canada's tip line for reporting on-line child
sexual exploitation, and "Kids in the Know," a comprehensive
personal safety and sexual exploitation prevention program.

H. Canada views child sex tourism and trafficking in persons
as two separate issues, but recognizes the two may be linked.
Please see Section 2 (M) for how Canada's criminal laws
address child sex tourism.

The RCMP is the international contact point for investigation
and assignment of files involving Canadian suspects and
victims of Internet-facilitated child sexual exploitation.
The RCMP's National Child Exploitation Coordination Center
receives information through national and international
partnerships, Interpol, and domestic law enforcement.
Individuals engaged in sex tourism are included in this
information due to their use of the Internet in organizing
and communicating travel activities as well as
posting/distributing sex abuse images. The Center
coordinates intelligence and provides investigations support
and expertise to enable Canadian law enforcement to
investigate these offenses.

DFAIT's tourist publication, "Bon Voyage, But..." advises
Canadian travelers of the Canadian child sex tourism offense
and warns that child sexual exploitation may also be
prohibited in the destination country. DFAIT provides
related information in its Country Reports for travelers to
consult prior to departure. The government has developed an
awareness-raising poster
(www.voyage.gc.ca/main/pubs/child ensure-en.asp). See
Section 3 (i) for guidelines for consular officers posted
abroad.

CIDA, through its Office for Democratic Governance, approved
a financial contribution over a period of three years
(2008-2010) to the Child Protection Partnership, a consortium
of organizations led by the International Institute of Child
Rights and Development (University of Victoria), Microsoft,
the RCMP, and UNICEF. The Partnership focuses on provided to
developing countries the Child Exploitation Tracking System
(CETS) to equip police services around the world to respond
cooperatively to the borderless crime of Internet
distribution of child pornography. (The Toronto Police
Service and Microsoft Canada jointly developed CETS in 2003.)
CETS is currently in use in Canada, the U.S., United
Kingdom, Australia, and Italy. In addition to providing the
CETS software and training for law enforcement officers and
the judiciary, the program will include awareness training on
children's rights and the development of services for
affected children, families, and communities in three to five
as yet undetermined developing countries.

The government's provision of C$2 million (US$1.9 million) to
the Canadian Center for Child Protection (see Section 4 (G))
also addresses child sex tourism, as many child sex tourists
exchange information and locate victims via the Internet.
Qexchange information and locate victims via the Internet.
Cybertip.ca is one way the Center is fighting on-line child
exploitation, which is often connected to child sex tourism.

NGOs and outside experts have suggested that Canada could
additionally help to curb child sex tourism and to increase
prosecutions by requiring child sex offenders listed on the
National Sex Offender Registry to receive permission to leave
the country, and/or by restricting passports of child sex
offenders who are deemed to be a risk to children abroad.
Currently, child sex offenders are not required to report
their absence from Canada unless they will be abroad for more
than fourteen days. In November 2007, a Member of Parliament
introduced a motion to allow the Foreign Minister, at the
request of a competent authority, to refuse to issue a
passport to, or cancel a passport of, a person suspected to
pose a danger to a child; this motion remains under
consideration in the House of Commons.

I. The Canadian military justice system has jurisdiction over
disciplinary issues involving members of the Canadian Forces

OTTAWA 00000346 016 OF 016


who are participating in operations outside of Canada,
whether under as part of a UN or other multilateral mission.
Disciplinary action can also be taken under the Code of
Service Discipline to address an alleged act of omission
committed by someone while outside Canada when that act or
omission is an offense under the law in the place where it
occurs. The Department of National Defense remains committed
to comprehensive implementation of the NATO Policy on
Combating Trafficking in Human Beings, and has made concerted
efforts to ensure the provision of all necessary knowledge,
values, and skills to all members of the Canadian Forces, as
well as to civilian contractors on international missions.

Please also see Section 3 (K) for a summary of a recent
project Canada supported to provide anti-trafficking training
to peacekeepers in the Americas.

5. (U) Point of contact is Poloff Liz Zentos
(ZentosEF@state.gov, phone: 613-688-5240, fax: 613-688-3098).


Estimated time spent on report:

Political Minister Counselor (FE-OC): 2 hours
Political Officer (FS-04): 75 hours
Political Assistant (FSN-11): 8 hours
Political OMS (FS-07): 1 hour
Consulates: 10 hours
Total: 96 hours

Visit Canada,s Economy and Environment Forum at
http://www.intelink.gov/communities/state/can ada

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