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International Human Trafficking in Canada: Why So Few Prosecutions?

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International Human Trafficking in Canada: Why So Few Prosecutions? International Human Trafficking in Canada: Why so few prosecutions? by John A. Ferguson A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (Law) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) June 2012 © John A. Ferguson, 2012 Abstract This study investigated the anomaly between the claims that international human trafficking is wide spread in Canada versus the paucity of international trafficking prosecutions that have been achieved in this country following almost a decade of anti-trafficking enforcement. It relied upon a research approach that was anchored by Pierre Bourdieu’s ‘field’ theory in order to unite the disparate issues that were examined in this project into a cohesive explanation for why there have been so few international human trafficking prosecutions in Canada. This thesis examines how moral reform and radical feminism have come to dominate the trafficking discourse and how that dominance has resulted in a general understanding of the crime where the victims are vulnerable foreign women and children trafficked for the sex trade. The study traces the interaction that has taken place between the international anti-trafficking social movement and the Canadian government in order to demonstrate the influence that this social construction of international trafficking has had upon the government’s anti-trafficking policy, law and enforcement strategies. Through an analysis of government documents, statistical enforcement results, study research interviews, and alternative explanations that have been offered to account for the lack of international trafficking prosecutions, this thesis establishes that the most plausible explanation for so few international trafficking prosecutions in Canada is that the international trafficking of foreign women and girls into Canada for prostitution is not as systemic in this country as many have claimed. The examination of the lone international trafficking prosecution reveals that the victim formation which underpins the understanding of international trafficking can appreciably affect prosecutions because it dismisses from consideration as victims those persons who exist beyond the parameters of the accepted international human trafficking victim indicia. ii Preface This study was approved by the University of British Columbia Behavioural Research Board, certificate number H09-02773. iii Table of Contents Abstract ......................................................................................................................................... ii Preface ………………………………………………………………………………….……….iii Table of Contents ......................................................................................................................... iv List of Tables ……………………………………………………………………………...……vii List of Figures .………………………………………………………...………………………viii Acknowledgements ……………………………………………………………………………. ix 1. International Human Trafficking in Canada .................................................................1 1.1 Introduction .............................................................................................................1 1.2 Reflexivity ...............................................................................................................4 1.3 Theoretical Approach ..............................................................................................7 1.4 Research Methodology ……………………….……………………………….…11 1.5 The Story of Human Trafficking Legislation .......................................................18 1.6 Thesis Organization ..............................................................................................25 2. Human Trafficking (A Literature Review) ..................................................................30 2.1 Introduction ...........................................................................................................30 2.2 White Slavery.........................................................................................................31 2.3 Contemporary Human Trafficking ........................................................................48 2.4 Organized Crime ....................................................................................................66 2.5 Human Rights ........................................................................................................72 2.6 Conclusion ............................................................................................................78 3. The International Anti-Trafficking Social Movement .................................................80 3.1 Introduction ............................................................................................................80 3.2 Field Theory in Practice .........................................................................................82 3.3 Social Movements ..................................................................................................84 3.4 The International Anti-Human Trafficking Social Movement ..............................88 3.4.1 Historical International Organizations ...........................................91 3.4.2 Pre-Existing International Organizations .....................................104 iv 3.4.3 Contemporary International Organizations ..................................113 3.5 Anti-Human Trafficking Social Movement – Canada ........................................121 3.6 Thematic Focus of the International Anti-Trafficking Social Movement ...........128 3.7 Conclusion ...........................................................................................................131 4. The Trafficking Victim ..................................................................................................134 4.1 Introduction .........................................................................................................134 4.2 A Social Problem ................................................................................................136 4.3 From Fallen Woman to International Trafficking Victim ..................................144 4.4 Victim Agency ....................................................................................................151 4.5 The Juridical Acceptance of the Trafficking Victim ..........................................159 4.6 Conclusion ..........................................................................................................179 5. International Human Trafficking in Canada ..............................................................182 5.1 Introduction .........................................................................................................182 5.2 Shaping the Juridical Field ..................................................................................183 5.3 The Anti-Trafficking Response of the Canadian Juridical Field ........................209 5.4.1 Nature of the Crime ................................................................................226 5.4.2 The Issues of the Trafficking Victim .......................................................233 5.4.3 Government Commitment .......................................................................239 5.5 Conclusion ...........................................................................................................246 6. A Case Study ..................................................................................................................249 6.1 Introduction .........................................................................................................249 6.2 Ng’s Narrative .....................................................................................................250 6.3 The Prosecution ..................................................................................................254 6.4 Credibility and Victim Construction ...................................................................264 6.5 Conclusion ..........................................................................................................281 7. Conclusion .......................................................................................................................284 7.1 Introduction ………………………………………………………………….....284 7.2 Summary of Findings .………………………………………………………….284 v 7.3 Theoretical and Practical Contribution ………………………………………...288 7.4 Policy Implications …………………………………………………………….290 7.5 Conclusion ……………………………………………………………………..294 Bibliography ..............................................................................................................................297 Appendices .................................................................................................................................320 vi List of Tables 5.1 ATIP and RCMP Human Trafficking Statistics ...…………………………... 222 vii List of Figures 1.1 Social Field Interaction ………........................................................................... 10 viii Acknowledgements Thank you to the most important person in my life, Charlotte! Without your love and support, I would never have realized this dream. I love you. I owe a tremendous debt of gratitude to Professor Catherine Dauvergne for her support of my application and for her guidance, valuable insights and continuous encouragement as my research supervisor. Catherine, you provided to me the opportunity to expand my knowledge of the study of law and I will be forever grateful. I am also
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