CLF’s Submissions to the Justice Committee re: Human Trafficking protections in Canada
Earlier this year, the House of Commons Standing Committee on Justice and Human Rights (JUST) commenced its mandatory review of the Protection of Communities and Exploited Persons Act (PCEPA). The PCEPA was passed on November 6, 2014 following the Bedford v Canada (Attorney General) decision, which struck down Canada's previous prostitution laws. The PCEPA adopts the "Nordic model", recently described by the Ontario Court of Appeal as follows: "The Nordic Model views the sex trade as a form of sexual exploitation. It targets those who create the demand for prostitution and those who capitalize on it.”
The Ontario Court of Appeal recently upheld three PCEPA provisions, finding that there was no violation of s. 7 and that the s. 2(b) violation was justified under s. 1 of the Charter. Three decisions of the Ontario Superior Court of Justice similarly upheld the constitutionality of the PCEPA provisions. There is ongoing litigation in this area, and CLF is continuing to monitor the development of the case law around the PCEPA.
CLF believes that the PCEPA is an important and necessary approach to ensuring the fulfillment of Canada's international legal obligations. In its submission to the JUST Committee [English, French], CLF drew the Committee's attention to numerous international legal instruments, including two that Canada signed and ratified. CLF explained how the PCEPA helps Canada meet these international legal commitments to combat "exploitation in prostitution" and "discourage the demand" for commercialized prostitution that leads to human trafficking. The submission also notes that a similar Nordic model in France was upheld by the Conseil Constitutionnel after being challenged by a group of individuals and organizations. CLF therefore encouragedthe Committee to ensure that the PCEPA was properly implemented, enforced, and defended in courts, as appropriate.
READ CLF’S SUBMISSIONS to the JUST Committee:
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