Bill S-228

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First Reading

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SUMMARY
1 Criminal Code
EXPLANATORY NOTES

Second Session, Forty-third Parliament,

69-70 Elizabeth II, 2020-2021

SENATE OF CANADA

BILL S-228

An Act to amend the Criminal Code (trafficking in persons)

FIRST READING, March 16, 2021

THE HONOURABLE SENATOR Ataullahjan

4322025

SUMMARY

This enactment amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

2nd Session, 43rd Parliament,

69-70 Elizabeth II, 2020-2021

SENATE OF CANADA

BILL S-228

An Act to amend the Criminal Code (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

Criminal Code

1 (1) Subsection 279.‍04(1) of the Criminal Code is replaced by the following:

Exploitation

279.‍04 (1) For the purposes of sections 279.‍01 to 279.‍03, a person exploits another person if they engage in conduct that

(a) causes the other person to provide or offer to provide labour or a service; and

(b) involves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.

(2) Subsection 279.‍04(2) of the Act is repealed.

Published under authority of the Senate of Canada

explanatory notes

Criminal Code

Clause 1: Existing text of subsections 279.‍04(1) and (2):

279.‍04 (1) For the purposes of sections 279.‍01 to 279.‍03, a person exploits another person if they cause them to provide, or offer to provide, labour 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 labour or service.

(2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused

(a) used or threatened to use force or another form of coercion;

(b) used deception; or