SWAN: the Hidden Harms of Human Trafficking, Elene Lam
New Form of
2015 Oct 15
Butterfly / Migrant Sex
Justification of :
• Criminalization of migration and sex work
United Nations Convention against
Transnational Organized Crime
• Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children (2000)
• “ the recruitment, transportation, transfer,
harbouring or receipt of persons by means of threat
or use of force or other forms of coercion, or
abduction, of fraud, of deception, or of the abuse of
power, or of a position of vulnerability or of giving or
receiving of payments or benefits to achieve
• the consent of a person having control over another
person, for the purpose of exploitation
• Sex work =Exploitation = Trafficking.
National Action Plan:
• The prevention of human trafficking.
• The prosecution of offenders.
• The protection of victims.
• Working in partnership with others both
domestically and internationally.
Prevention of human
• identification of populations and places most
at-risk of trafficking in Canada.
• Who is most at risk? (global south, racialized)
• Not allowed to involve in sex industry
• border control? Limitation of migration?
• Discriminatory immigration policy (Temporary
• …. Racism !!!! Sexism !!
RCMP arrest six for Canada-wide human-smuggling,
• MONTREAL — The Canadian Press
• Published Wednesday, Apr. 01 2015, 8:23 PM EDT
Police raid residential erotic massage parlour,
leading to 76 human trafficking charges for
alleged ringleader, National Post (Sept 16, 2015)
11 massage workers face deportation (May 11, 2015)
Prosecution of offenders.
• Criminal System:
• Criminal Code (Prostitution, Trafficking)
• Section 118 of the Immigration and Refugee Protection
• Detection, Investigation and Prosecution of Traffickers
• Police Power: undercover operations or electronic
surveillance are permitted
• Who are traffickesrs?
• Community vs Organized crime (assistance in SW)
• Migration vs Transnational crime (assistance of
Protection of victims.
• Ending violence against women and girls
• Victims vs Criminal
• Arrest, detention, deportation
• Supports and services
• Assist victims in recovering physically,
psychologically and socially (who get the
• Who are the victims?
• Asian : vulnerable, submissive, uneducated..
• Victimization ? What is harmful?
• Control of body? Normalization? (retraining)
• Sexual exploitation vs agency
• Forced labour vs Ressistance,
• Economic alternative
• domestically and internationally.
• to increase capacity to prevent and combat
• Promote cooperation through applicable legal
instruments and reciprocity
• in areas of the world particularly vulnerable to
• sex? marriage? (Social , eco arrangement)
the harm and problem of
Resistance of Migrant Sex Workers
What you can do?
• Canada's Criminal Law Responses
• The Criminal Code of Canada (Criminal Code)
• sections 279.01 (Trafficking in persons),
• 279.011 (Trafficking of a person under the age of
• 279.02 (Material benefit),
• 279.03 (Withholding or destroying documents).
• Section 118 of the Immigration and Refugee
Protection Act (IRPA)
• contains a provision that prohibits the
bringing into Canada of persons by means of
abduction, fraud, deception or use of threat of
force or coercion.
• It carries a maximum penalty of a fine of up to
$1 million and/or up to life imprisonment.