Invisible Chains (28 page)

Even these measures aren't enough in some circumstances. As we've seen, especially from my experiences in Cambodia, some purchasers of sex acts who target children seek to escape the scrutiny of Canadian authorities by travelling to poor and often-corrupt countries. Fortunately, many of the tools needed to bring these perpetrators to justice are already in place. They simply need to be applied more vigorously.

Ending vacations for Canada's travelling child sex offenders

Canada's child sex tourism law is valid and enforceable, as discussed previously, but it requires more proactive implementation. A recent article of mine in the
Canadian Criminal Law Review
catalogued the existing treaties between Canada and child sex tourism destination countries—and it found that all of the necessary tools are in place to hold Canadian citizens accountable for child sex crimes abroad. What's missing are the political will and resources to implement those laws effectively.

To put it bluntly, Canada's record in prosecuting its child sex offenders abroad is an international embarrassment, especially compared with the proactive approach taken by countries like Australia and the United States. For years, federal law enforcement agents from both of these countries have been investigating, arresting, and prosecuting their nationals for sexually exploiting children abroad. The results speak for themselves.

From 1995 to 2007, the Australian Federal Police conducted 158 investigations into extraterritorial child sex offences committed by Australian nationals, resulting in 28 persons being charged and leading to 19 convictions, with several cases in process. Between 2003 and early 2008, U.S. Immigration and Customs Enforcement made 67 arrests under the child sex tourism provisions of the
PROTECT Act,
resulting in 47 convictions and others still being prosecuted. The United States has even caught Canadian citizens in its dragnet.

Canadian John Wrenshall, a sixty-three-year-old former Scout leader who had been convicted of sexually abusing young boys in Calgary, was free to travel abroad without any restrictions. He moved to Thailand in 2000 and became the mastermind of an operation that arranged trips for foreign pedophiles to sexually abuse children as young as four. Wrenshall's “customers” even photographed and videotaped their unspeakable abuse. Although Canada could have pursued Wrenshall, it was U.S. authorities that successfully prosecuted him in May 2010 because some of his “customers” were American.

“Unfortunately, we are totally dropping the ball,” says Rosalind Prober, executive director of Beyond Borders, about Canada's inadequate enforcement of its travelling child sex crime legislation. “We seem to find ourselves able to prosecute cases that fall in police laps, but in terms of doing any sort of proactive work to stop this crime, Canada's doing absolutely nothing.” Prober is pleased, however, that under U.S. law the sentence for Wrenshall likely will be substantial—over twenty years in jail.

Only four individuals have been convicted in Canada for child sex offences committed abroad between 1997 and 2010. In June 2008, the U.S. Department of State
Trafficking in Persons Report
specifically criticized Canada's progress in addressing child sex crimes committed by its nationals abroad and recommended that it “increase efforts to investigate and prosecute, as appropriate, Canadians suspected of committing child sex tourism crimes abroad.”

The following October, the
Report of the Canada–U.S. Consultation in Preparation for World Congress III Against Sexual Exploitation of Children and Adolescents
also found “the lack of enforcement of the law against child sex tourism [to be] the most glaring law enforcement gap” in Canada's response to child sexual exploitation.

“Internationally, we've got to be set up better,” concedes Staff Sergeant Rick Greenwood of the RCMP National Child Exploitation Co-ordination Centre (NCECC), who has publicly stated that police forces globally are “overwhelmed” with the number of child sex tourism cases.

Though Canada maintains RCMP liaison officers in sex tourism destination countries such as Thailand, these officers are assigned primarily to issues ranging from drugs to terrorism and money laundering. This contrasts with the mandate for liaison officers from other countries, which include child sex crimes on their priority list in global hot spots.

“The whole system in Canada was asleep”

It took over a decade before Canadian authorities extradited Ernest Fenwick MacIntosh, a Canadian citizen, from India to Canada in 2007 to face charges of child molestation. During this period, his passport was renewed several times while he remained in India where he allegedly sexually abused two young boys. Canada's failure to take swift action confused and outraged Indian officials. “I don't understand why he was able to get a new passport, or why we weren't asked to arrest him sooner,” says Inspector Awanish Dvivedi of the New Delhi Police. “It appears to me the whole system in Canada was asleep.”

Canada routinely issues passports to convicted sex offenders, even since the MacIntosh incident. When these men pay hard currency abroad in exchange for sex with impoverished children, they power the local demand for human trafficking. Above all, in their quest to evade detection and prosecution, they gravitate to countries that are both poor and corrupt where they can abuse children with impunity.

International co-operation remains a key component in securing convictions for sexual exploitation and human trafficking. Interpol—with 187 member countries, the largest police organization in the world—is foundational in supporting international requests for information and assistance among countries with respect to these crimes. The Interpol International Wanted Persons notices, or “Red Notices,” can be issued to facilitate the apprehension of suspects before the filing of formal extradition requests. Red Notices are supported by detailed arrest warrants issued by national judges and contain information about fugitives, including physical descriptions, photographs, and fingerprints, as well as occupations, languages spoken, specifics of identity documents, and other details. The Red Notice system played a vital role in the 2007 identification and apprehension of Canadian Christopher Paul Neil in Thailand, a case discussed earlier.

“Green Notices” are another Interpol tool. They help prevent previously convicted child sex offenders from travelling abroad and
re-offending by equipping all Interpol member countries with warnings about the presence of known offenders. Since 2006, the United States has had a separate criminal offence for convicted child sex offenders who fail to notify their government of travel abroad. The notification must be made twenty-one days before travelling to a foreign country, and again on the convicted offender's return to the United States. The law also requires that appropriate authorities in the relevant foreign country be notified, leaving them to decide whether or not to admit the individual.

Canada has yet to take decisive action to restrict and punish offenders who fuel commercial sexual exploitation and human trafficking abroad. Convicted sex offenders from Canada are free to roam the globe. Their vacation must come to an end.

16

DEALING WITH TRAFFICKING ON A GLOBAL BASIS

W
hile this book focuses on Canada's failure to effectively combat human trafficking, the crime is global and demands a coordinated response. Countries around the world have addressed human trafficking in various ways and with diverse results. Some are complicit in the crime, while others punish and blame the victims. Many simply ignore it.

A growing number of countries, however, are no longer content to condone human trafficking through inaction. Their strategies to protect victims, prosecute offenders, and prevent the crime are worth reviewing, evaluating, and considering for adaptation by Canada and other nations.

Belgium, Italy, the United States, and Sweden offer innovative examples of laws, policies, and programs that have succeeded in fighting human trafficking. Each signed the
Palermo Protocol
in December 2000 and quickly moved to meet its commitments under that international treaty. While none have eliminated human trafficking completely within their borders, all have made tremendous progress. They continue to invest money and effort in ending the abuse, often through unique approaches that have saved thousands from a lifetime of suffering. These countries have created national action plans, backed up with funding and resources for victim services and specialized police and prosecutors. They have created human trafficking offences that reflect the
Palermo Protocol,
recognizing subtle
means of coercion used by traffickers and highlighting the particular vulnerability of child victims. These initiatives have brought hope to survivors and accountability to their exploiters.

Although Canada signed the
Palermo Protocol
in 2000, its response has instead been slow, tentative, and poorly coordinated. Canada can learn much from the techniques and successes of other countries.

Belgium: A small country with a big plan

With just ten million people in a country roughly the size of Vancouver Island, Belgium has been an innovator in tackling human trafficking as a priority crime issue. In 2007, the Belgian government reported 1204 active human trafficking investigations and secured 223 convictions.

Belgium's position between the United Kingdom and continental Europe makes it a key transit zone for human trafficking. The country thus was among the first to respond to the problem, setting standards in the early 1990s and adopting its first human trafficking legislation in 1995, more than a decade before Canada's human trafficking offence in the
Criminal Code
came into force.

Belgium and the United Kingdom have co-operated in maintaining tight security and detection efforts at major seaports in their respective countries. Additionally, the United Kingdom imposes high fines on shipping companies who bring illegal migrants into its jurisdiction— so far with good results. This coordinated approach involving both government agencies and private corporations is unique.

Belgium also has updated its legislation to comply with the
Palermo Protocol
and to facilitate the prosecution of offenders. Belgium's
Penal Code
states that human trafficking occurs with the “recruiting, transporting, transferring, housing, [or] receiving [of] a person, as well as passing or transferring control exercised on the person concerned” to enable sexual exploitation, labour exploitation, and exploitation of organs. In other words, human trafficking takes place when any of the actions is for exploitation.

Threats, physical violence, or the victim's age are not considered elements of the crime, but all serve as factors that could increase the
sentence for a convicted trafficker. In contrast, since Canada's human trafficking offence in the
Criminal Code
requires the victim to have a fear for safety, a human trafficker convicted in Belgium could escape punishment in Canada for committing the same act.

Belgium's approach facilitates prosecutions by recognizing that traffickers may control their victims in a variety of ways. The elements of the offence that require proof are straightforward, and the length of the sentences may vary depending on the means used by the trafficker. These well-conceived laws help explain why Belgium has been effective in prosecuting traffickers, but they are by no means the only reason.

Protecting victims and encouraging co-operation with law enforcement

Belgium has provided temporary residence status to foreign victims of human trafficking since 1994, twelve years before Canada. The law requires that front-line officials who make initial contact with suspected victims present them with available options, including the possibility of obtaining legal immigration status, and refer the individuals to a specialized “reception centre.”

Of 495 adults referred to the reception centres in 2008, 202 subsequently were identified as potential trafficking victims and 169 received some form of residency status. These centres are privately operated but coordinated and funded by government. They offer shelter and guidance to victims, as well as psychological, social, legal, and medical assistance. Representatives from the reception centres are the only people authorized to apply for residence permits on behalf of trafficking victims, ensuring they operate both as specialized advocates for victims and as a preliminary screening measure for potential cases.

A permit for a forty-five-day protection period can be granted at the outset so that a trafficking victim is able to begin recovery and regain stability. This has proven most useful for individuals who initially do not identify themselves as victims, who distrust authorities, or who fear reprisals from their traffickers. It also allows victims to decide
whether or not they wish to co-operate with authorities. Should victims choose to file criminal complaints during this time, they can apply to remain in Belgium; if they choose not to make statements against their alleged abusers, then they typically must return to their home countries when the period expires.

A renewable three-month special residence or renewable six-month temporary residency permit may be issued, depending on the status of the investigation, along with a work permit, if necessary.

When criminal proceedings are complete, victims may also apply for permanent residency, which is granted based on the significance of the information they contributed to the criminal procedures, whether their complaints led to convictions, the degree to which they've adapted to Belgian society, and similar concerns. In some cases, residency may be granted before an investigation is over.

On the advice of child protection officers, children may also apply for residence as foreign “unaccompanied minors” if they do not meet the requirements for trafficking victims. One study on the treatment of 889 unaccompanied minors found that although about 15 percent were required to leave the country within five days, more than 80 percent were issued identity documents and referred to child protection officers for assessment.