Irregular Migration and Trafficking in Persons to Canada from Asia

1. Irregular Migration and Trafficking in Persons to Canada from Asia San Diego, CA May 21-22, 2007

2. Immigration to Canada: a Global Picture • Canada - a nation of immigrants • 2006 – over 250,000 permanent residents • Temporary Resident Visas (2006): 799,000 • Large land mass with multiple points of entry/exit • Land • Sea • Air • Multi Cultural society • diverse language, culture and religions

3. Migration to Canada from Asia • 130,000 Permanent Residents from Asia in 2006 (52% of total permanent residents) • Top source countries of regular immigration (Asia): China, India, Philippines, Pakistan

5. Migration to Canada from Asia • 130,000 permanent residents from Asia in 2006 (52% of total Permanent Residents) • Top source countries of regular immigration (Asia): China, India, Philippines, Pakistan • Top source countries of irregular migration (Asia): China, India, Pakistan, Sri Lanka • Irregular migration from Asia is declining but still makes up 28% of all irregular migration to Canada(2006) • Largest proportion of Asian irregular migrants arrive in Vancouver, (however, the largest number of Asian inland refugee claimants make their claim in Toronto)

6. Smuggling vs Trafficking In Persons • Smuggling • A business transaction between two willing parties involving the illegal movement of people across an International border • Trafficking in Persons • A process that involves the recruitment, transportation, transfer, harbouring, or receipt of persons, by various means of coercion, force, fraud, or the abuse of power for the purpose of exploitation, which typically includes sexual exploitation or forced labour. • Canadian law enforcement definition of TIP and smuggling based on UN International Instruments. TIP definition found in the Immigration and Refugee Protection Act and the Criminal Code.

7. Methods of irregular entry into Canada by Asian Nationals • Techniques used are ever changing: • Use of boats • Use of airlines • Inland refugee claims – evidence of visa/immigration fraud • Fraudulent documents • Fraudulent use of legal process – tourist visas etc • Consistent evolution of irregular entry methods indicate a high level of knowledge and sharing of information among human smugglers and traffickers • Smuggled migrants can become victims of TIP at any point in the smuggling process

8. Nature of TIP in Canada • TIP occurs across and within borders in Canada • Canada is primarily a destination and transit country for trafficked victims to the US. Although not a significant origin country, case law shows victims are trafficked domestically • Source regions tend to be Asia, Eastern Europe, and parts of Africa • Victims are often promised legitimate, well-paying jobs as caregivers, waitresses or models. • Victims have been trafficked for purposes of sexual exploitation and forced labour. • The clandestine nature of TIP makes it difficult to quantify the extent of the problem in Canada and internationally.

9. Trends in Organized Crime & Links to TIP • Gradual shift from large traditionally hierarchical style groups to a smaller business model style of contracting out areas of responsibilities • Crime organizations tend to target members of their own ethnic background • Asian and Eastern European OC groups have been most involved in trafficking victims to Canada • Crime organizations are eager to branch out to other Nationalities and cultures as groups develop specific “niches” • Diversification • contracting out of the various aspects involved in the movement of people, to other cultures • Moving of multiple types of commodities (people, drugs, guns) • Commodities used for payment include not only cash, but drugs, guns, knowledge and special skills

10. Canada’s Approach to Combat Trafficking in Persons Prosecution Prevention UN Human Trafficking Protocol Protection Partnerships

11. Canada’s Approach to Combat TIP • The “Four Ps” approach • Prevention: Multiple borders strategy, Awareness-Raising, Training of Law Enforcement officers • Protection: Temporary Resident Permits, Victims’ needs • Prosecution: Criminal Code and IRPA offences for human trafficking • Partnerships: Domestic, Canada-US, Regional, International,

12. Best practices to combat TIP from Asia to Canada • Victims needs: • Recognition of cultural diversity, age, gender and unique needs • International cooperation: • International law enforcement protocols (mechanisms to facilitate International investigations) • Need for direct communication channels • Participation in regional forums in Asia (e.g. Bali Process) • Technical Assistance (DFAIT, CIDA), including prevention in source countries overseas (Shattered dreams-IOM ) • CBSA Migration Integrity Officers / RCMP Liaison Officers

13. Information Sources • US-Canada Bi-National Assessment of Trafficking in Persons http://www.publicsafety.gc.ca/prg/le/_fl/1666i-en.pdf • 2006 CISC Annual Report on Organized Crime in Canada • http://www.cisc.gc.ca/annual_reports/annual_report2006/coverpage_2006_e.htm

14. Contact information • CBSA • Anti-Fraud & Human Trafficking Section • (613) 954-6133 or (613) 946-6067 • Cbsa-humantraffic@cbsa-asfc.gc.ca • David PARK (RCMP) • (613) 949-7753 • David.Park@rcmp-grc.gc.ca