Alberta passes Protection of Survivors of Human Trafficking Act – powerful remedies are now available to combat human trafficking.

Human trafficking is modern day slavery, and in one of three main forms, is found in most countries. Human trafficking generally consists of forced labor, sexual exploitation of the young or unwilling and involuntary organ harvesting. These are prohibited by Canadian criminal law and by international conventions. The United Nations identifies human trafficking as modern-day slavery in which the victims are denied free choice or autonomy over their bodies or labour.

The Alberta government has recently taken two major steps to combat human trafficking in our province.

First, the Province of Alberta has adopted the Protection of Survivors of Human Trafficking Act. This legislation empowers the court to issue Protection Orders to:

• Prohibit persons from approaching or communicating with a victim,
• Prohibit the person from attending at or near a school, home or workplace or other place frequented by the victim,
• Force the person to return photos, recordings or visual representations of the victim, to the victim and to prohibit their distribution,
• Force the return of pets, property (including passports, immigration papers, driver’s licences, keys and vehicles) to the victim.

These are just a sample of the powers granted to the court. They are broader and can be tailored to the circumstances of each individual victim.

The Act permits a warrant to be granted, on the application of the police or other appropriate person, to enter into a place and to search for, assist or examine the victim and to remove any child or, with the victim’s consent, the victim themselves from that place to a safe location. The court may also order that there be a ban on publication of information identifying the victim.

The Act also creates the tort of human trafficking, permitting victims to sue for general, special, aggravated an punitive damages, to hold the defendant to account for any profits derived from engaging in human trafficking and for an injunction on such terms as are appropriate.

Richard Billington, Q.C. has experience in drafting legislation and advocating for victims of Human Trafficking, having assisted former Member of Parliament Joy Smith to prepare two amendments to the Criminal Code which were passed into law. He also has extensive experience in successfully applying for precedent setting injunctions.

The second major step taken by the Alberta government is the creation of the Alberta Human Trafficking Taskforce. This taskforce, chaired by country music star Paul Brandt, a long time advocate for victims of human trafficking and head of the Not In My City society, will hear from victims, experts and community members to review the state of human trafficking in Alberta and to make recommendations to the government. More details on this task force can be found at: Human Trafficking Task Force website