Bill S-32
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S-32
Second Session, Thirty-sixth Parliament,
48-49 Elizabeth II, 1999-2000
SENATE OF CANADA
BILL S-32
An Act to amend the Criminal Code to prohibit trafficking in persons
first reading, October 19, 2000
The Honourable Senator Kinsella
2488
Summary
This enactment amends the Criminal Code to create an offence against trafficking in persons in order to address an internationally recognized problem of significant dimensions. The offence is punishable by imprisonment for a maximum of fourteen years.
This enactment also adds the new offence of trafficking in persons to section 7 of the Criminal Code and thus permits the offence to be tried in Canada even if it was committed elsewhere. This reflects the fact that the offence of trafficking in persons is often committed outside the borders of Canada and is an offence that is broadly accepted as universal in nature.
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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000
senate of canada
BILL S-32
An Act to amend the Criminal Code to prohibit trafficking in persons
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
1. Section 7 of the Criminal Code is amended by adding the following after subsection (4.1):
Trafficking in persons offence
(4.11) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 320.1 shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of the Immigration Act.
2. The Act is amended by adding the following after section 320:
PART VIII.1
TRAFFICKING IN PERSONS
Trafficking in persons
320.1 (1) Every one commits an offence who traffics in persons.
Punishment for trafficking in persons
(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Definition of “traffic in persons”
(3) In this section, “traffic in persons” means the recruitment, transportation, purchase, sale, transfer, receipt or harbouring of a person by the threat or the use of violence, force, deception, coercion, intimidation, abduction, fraud, abuse of authority or debt bondage, for the purpose of placing or holding such person, whether or not that person receives financial or any other form of consideration, in slavery or slavery-like conditions, in forced or bonded labour, or in servitude, including sexual, reproductive or domestic servitude.
Consent not a defence
(4) In proceedings in respect of an offence under this section, it is not a defence to any charge that a person consented to, agreed with, acceded to or suggested any conduct of the accused.
Published under authority of the Senate of Canada