Combating the Trafficking of Children

On May 13, 2008, Imani Nakpangi became the first person in Canadian History to be convicted of human trafficking and received a three year sentence for the trafficking of a 15 year old girl he but was credited 13 months for pre-trial custody. Nakpangi made over $350,000 sexually exploiting this young girl for over two years before she was able to escape. Essentially he will spend less time in jail than he did exploiting her. 

"I feel unworthy, dirty, tainted, like nothing," said the girl publicly known as Eve in her court statement. "I feel I am only good for one thing – sex."

This kind of depredation of innocence brought about by human trafficking is one of the greatest tragedies taking place in our nation.

Human trafficking occurs today in Edmonton and throughout Canada. Not only are women and children trafficked into Canada from abroad, but Canadian women and children are also trafficked throughout our provinces and cities.

These victims aren’t just numbers and statistics. They are our mothers, wives, daughters and sons and they suffer horrific mental, physical and sexual abuse during their captivity.

The trafficking of a child is a terrible abuse of human rights. Canada has only seen two convictions of child trafficking (there are many more currently before the courts); however, the offenders in both cases received less time in jail for their crimes than they spent exploiting the young girls.

This is completely unacceptable!

I believe that Canada must make clear that it will not tolerate the trafficking of its children. Based on the recent convictions, I believe there is a need for Parliament to provide additional guidance to the courts on the trafficking of minors and formally denounce the trafficking of minors.

Conservative MP Joy Smith has worked tirelessly on this issue in developing Bill C-268 which demands a 5 year minimum sentence for the trafficking of minors in Canada for most cases and a 6 year minimum sentence for cases involving aggravated offences like assault or death.  The Bill was introduced and passed in the House of Commons last session and will now be reviewed by the Senate.

This is the kind of step forward in tackling crime that Conservative party members are taking and I believe that Canada needs.  I supported Joy Smith’s Bill C-268 and will continue to support this kind of effort and legislation.

How you can help make a difference:

• Join the “Support Bill C-268” group on Facebook.
• Write to the Prime Minister of Canada and the Justice Minister of Canada to voice your support of Bill C-268.
• Write a letter to the editor of your local paper or a national paper about human trafficking and Bill C-268.
• Sign a petition calling for Parliament to amend the Criminal Code to provide mandatory minimums for child trafficking.
• Talk to others about human trafficking and encourage them to make their voice heard.

Stronger Laws

The Tackling Violent Crime Act better protects Canadians from those who commit serious and violent crimes. To give the public, police, prosecutors, defence counsel and judges time to familiarize themselves with these important changes to Canada’s criminal law, the reforms came into force in two stages.

On July 2, 2008, two sections of the Act came into force, providing for:

• New ways to detect and investigate drug-impaired driving and stronger penalties for impaired driving.
• More effective sentencing and monitoring to prevent dangerous, high-risk offenders from offending again.

Three sections of the Tackling Violent Crime Act came into force on May 1, 2008, strengthening the Criminal Code in the following areas:

• Tougher mandatory prison sentences for serious gun crimes;
• Bail reverse onus provisions so that those accused of serious gun crimes will have to show why they shouldn’t be kept in jail while awaiting trial; and
• Better protection for young persons from adult sexual predators. 

PROVISIONS THAT CAME INTO FORCE ON JULY 2, 2008

Fighting impaired driving

The Tackling Violent Crime Act provides the police with better tools to detect and investigate drug- and alcohol-impaired driving and enhance penalties for impaired driving, specifically by:

• Authorizing peace officers to conduct roadside sobriety tests, and authorizing peace officers (who are trained as Evaluating Officers) to: (a) test whether a driver is impaired by a drug, or a combination of alcohol and a drug, and (b) to take samples of bodily fluids to confirm the presence of the impairing drug;
• Making it an offence to refuse or fail to comply with police demands for physical sobriety tests or bodily fluid samples. The offence would be punishable by the same Criminal Code penalty as refusing a demand for a breath test for alcohol — a minimum $1,000 fine for a first offence, with a maximum penalty of 18 months imprisonment, or if the prosecutor proceeds by indictment, five years;  
• Making it an offence to cause an accident resulting in death or bodily harm while over 80, or to refuse a demand for tests or samples when the operator knows or ought to know they have caused an accident resulting in death or bodily harm, which carries a maximum penalty of life imprisonment ;
• Allowing only scientifically valid defences to be used as evidence to avoid conviction for driving with a blood-alcohol concentration over 80, thereby reducing the number of individuals who can avoid conviction on technicalities (e.g., the “two-beer defence”); and
• Increasing the penalties for impaired driving:
  • 1st offence, minimum penalty increased from $600 to $1000.
  • 2nd offence, minimum penalty increased from 14 days in jail to 30 days.
  • 3rd offence, minimum penalty increased from 90 days in jail to 120 days.

Tougher sentencing and management of sexual and violent offenders

The Tackling Violent Crime Act will provide for more effective sentencing and monitoring to prevent dangerous, high-risk offenders from offending again. It will make it easier for Crown prosecutors to obtain Dangerous Offender designations (one of the most severe sentences available in Canadian law) by:

• Creating a presumption of dangerousness, so that when an individual has been convictedthree or more times of specific violent/sexual crimes, it would be up to that person to convince the court why he or she should not be designated a Dangerous Offender.
• Fixing problems with the current Dangerous Offender provisions that allow some individuals to receive a less severe sentence (a Long-Term Offender sentence) instead of a Dangerous Offender indeterminate sentence. The Act will ensure that these individuals, upon breach of their lesser sentence, would be subject to a hearing. This hearing would result in an indeterminate Dangerous Offender sentence unless the court was satisfied that the threat of the individual committing future violent offences could be managed with a less severe sentence.
• Requiring the Crown to declare in open court whether or not it had considered an application for Dangerous Offender status whenever any person is convicted of a third designated serious violent/sexual offence, thereby increasing the possibility that the prosecution will pursue a Dangerous Offender application when there are adequate grounds.
• Doubling the duration of peace bonds and clarifying the range of conditions that may be imposed on those who are being released from jail.

PROVISIONS THAT CAME INTO FORCE ON MAY 1, 2008

Tougher laws to address gun crimes

The Tackling Violent Crime Act provides for tougher mandatory prison sentences for serious gun crimes as well as bail reverse onus provisions so that those accused of serious gun crimes will have to show why they shouldn’t be kept in jail while awaiting trial.

Higher mandatory prison sentences

• Five years for a first offence and seven years on a second or subsequent offence for eight specific offences (attempted murder, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery and extortion) involving the actual use of firearms, when the offence is gang-related, or if a restricted or prohibited firearm such as a handgun is used.
• Three years on a first offence and five years on a second or subsequent offence for other serious firearm-related offences (firearm trafficking, possession for the purpose of firearm trafficking, firearm smuggling and illegal possession of a restricted or prohibited firearm with ammunition). 

New offences

• An indictable offence of breaking and entering to steal a firearm.
• An indictable offence of robbery to steal a firearm.

Bail Reforms

• A “reverse onus”, (i.e. requiring the accused to show why he or she should not be kept in jail while awaiting trial) applies to those charged with:
• Using a firearm to commit certain serious offences including attempted murder, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion;
• An indictable firearms-related offence where the accused is under a firearms prohibition order; or
• Firearms trafficking, possession for the purpose of weapons trafficking or firearm smuggling.

Additional factors

• The court must take these into account in determining whether an accused should be kept in jail pending trial:
• Whether a firearm was used in the commission of the offence; and
• Whether the accused faces a mandatory minimum punishment of imprisonment of three years or more for a firearm offence. 

Further protecting young persons from sexual exploitation

The Tackling Violent Crime Act better protects youth from adult sexual predators by:

• Raising the age at which youths can consent to non-exploitative sexual activity   from 14 to 16 years of age;
• Maintaining the existing age of protection of 18 years for exploitative sexual activity (i.e. sexual activity involving prostitution, pornography, or a relationship of trust, authority or dependency or that is otherwise exploitative);  and
• Including a close-in-age exception which permits 14- and 15-year old youths to engage in consensual, non-exploitative sexual activity with a partner who is less than five years older.  Another exception will be available for marriages and for pre-existing common-law relationships.

Building on our accomplishments

These legislative initiatives will build on the accomplishments of the first session of the 39 th Parliament. Those accomplishments include:

Conditional Sentencing Reform (Bill C-9)

On May 31, 2007, the government's conditional sentencing reform bill received Royal Assent.

Conditional sentences such as house arrest are sentences of imprisonment that may be served in the community, provided several conditions are met.

Under the new reforms, conditional sentences will be prohibited for offences prosecuted by indictment that carry a maximum sentence of 10 years or more.

These reforms will help ensure a cautious and more appropriate use of conditional sentences, reserving them for less serious offences that pose a low risk to community safety.

See also:

• Canada 's New Government Announces Long-Awaited Bill to End House Arrest Receives Royal Assent (News release, May 31, 2007)
• Minister of Justice moves to end house arrest for serious and violent offences (News release, May 4, 2006)
• Conditional Sentencing Reform Bill (Backgrounder)
• Bill C-9: An Act to amend the Criminal Code (conditional sentence of imprisonment)

DNA Data Bank (Bill C-18)

On June 22, 2007, the government's DNA data bank bill received Royal Assent. This legislation will benefit law enforcement by strengthening a powerful crime-solving tool: the National DNA Data Bank. The reforms involve a series of technical amendments to help implement earlier changes to the law, which were endorsed by Parliament in May 2005.

The new legislative changes will make it an offence to fail to appear for DNA sampling. They also add attempted murder and conspiracy to commit murder to the list of offences covered by the retroactive provisions (which apply to offenders convicted of a single murder, sexual offence or manslaughter prior to June 30, 2000). In addition, the reforms ensure information provided by the Data Bank can be used to investigate all criminal offences.

See also:

• Minister of Justice moves to strengthen DNA Data Bank laws (News release, June 8, 2006)
• Measures to help implement DNA Data Bank legislative reforms (Backgrounder)
• Bill C-18: An Act to amend certain Acts in relation to DNA identification

Street Racing (Bill C-19)

On December 15, 2006, the government's new street racing legislation received Royal Assent, helping ensure safer streets for Canadians. The legislation creates a separate Criminal Code offence of street racing, which includes increased maximum punishments for:

• dangerous driving (no bodily harm or death)
• dangerous driving causing bodily harm
• dangerous driving causing death
• criminal negligence causing bodily harm
• criminal negligence causing death

This new offence also includes escalating mandatory driving prohibitions for people convicted of street racing. These periods of driving prohibition would be in addition to the offender's prison sentence. For more information on the proposed punishments and driving prohibitions, see:

• Street Racing Bill Becomes Law (News release, December 15, 2006)
• Minister of Justice proposes new street racing offence
  (News release, 15 June 2006)
• Bill C-19: An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act

Cracking Down on Crime 

To crack down on increasing gang violence, we introduced new legislation to fight gangs and organized crime, including making gang-related murders first-degree offences so that those found guilty would face 25 years before being eligible for parole.

When it comes to fighting drug crime, part of the Conservative government’s National Drug Strategy is to make sure that kids understand the dangers of illegal drugs. Now, we are combining the education of our children with serious jail time for dealers who sell to kids or stalk places where children are likely to be found, such as schoolyards and playgrounds.

There are many laws in Canada which clearly favour criminals over victims and that must be changed. In 13 long years of Liberal inaction on crime, too many criminals got off too easily.

Criminals who commit serious crimes should do serious time. Following through on our 2008 election promise, we are making changes to the way criminals serve their sentences. Criminals convicted of first and second-degree murder will face a tougher ride when they try to get parole after serving only a portion of their sentences.

Budget 2009: Canada’s Economic Action Plan 

On January 27, 2009, the Honourable Jim Flaherty, Minister of Finance, tabled a comprehensive budget plan to stimulate economic growth, restore confidence and support Canadians and their families during a synchronized global recession.

"Budget 2009 is Canada’s economic action plan," said Minister Flaherty. "It builds on our position of strength. It provides temporary and effective economic stimulus to help Canadian families and businesses deal with short-term challenges. Our investments will build Canada’s long-term capacity, so that when the global recession eases, we emerge even stronger."

Canada’s Economic Action Plan will provide almost $30 billion in support to the Canadian economy this year. In total, this is equivalent to 1.9 per cent of our total economy.

The plan will stimulate the economy through:

Immediate Action to Build Infrastructure

Expanding and accelerating the recent historic federal investment in infrastructure with almost $12 billion in new infrastructure stimulus funding for roads, bridges, broadband internet access, electronic health records, laboratories and border crossings across the country. This will support economic growth and employment this year and next while also bolstering Canada’s long-run productive capacity.

Action to Reduce Taxes and Freeze EI Rates

Providing $20 billion in personal income tax relief that will benefit Canadians over 2008‑09 and the next five fiscal years as well as continued low Employment Insurance rates.

Action to Stimulate Housing Construction

Providing $7.8 billion to build quality housing, stimulate construction and enhance energy efficiency. Measures include a renovation tax credit providing an estimated 4.6 million Canadian families up to $1,350 each, funding for energy retrofits, investments for social housing to support low-income Canadians, seniors, persons with disabilities and Aboriginal Canadians, and low-cost loans to municipalities.

Action to Improve Access to Financing and Strengthen Canada’s Financial System

Providing up to $200 billion through the Extraordinary Financing Framework to improve access to financing for consumers and allow businesses to obtain the financing they need to invest, grow and create new jobs.

Canada’s Economic Action Plan will protect Canadians hit hardest by the global recession with:

Action to Help Canadians

Providing $8.3 billion for the Canada Skills and Transition Strategy, which includes extra support for Canadians most affected by the economic downturn, including enhancements to Employment Insurance and more funding for skills and training.

Action to Support Businesses and Communities

Protecting jobs and supporting sectoral adjustments during this extraordinary crisis with $7.5 billion in extra support for sectors, regions and communities. This includes targeted support for the auto, forestry and manufacturing sectors, as well as funding for clean energy.

"We are not acting alone," said Minister Flaherty. "These actions fulfill Canada’s commitments to its global partners at the G20 leaders' summit to provide timely stimulus to domestic demand, while maintaining long-run fiscal sustainability.