As Catholics we are bound to inform ourselves concerning social developments, particularly those of civic interest, and to consider them in light of the Church’s social doctrine.

This month we consider legislation intended to strengthen Canada’s response to the scourge of human trafficking, by (i) creating reporting requirements for businesses marketing goods made by forced labour, (ii) enabling the Border Services Agency to deny entry to goods identified with forced labour, and (iii) creating new offenses covering those who traffic in human organs.

Governments and the Church alike recognize new forms of the ancient evil of using human beings as property. 

Bill S-211 – To enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff

• Introduced by Senator Julie Miville-Dechêne on November 24, 2021.  Not yet introduced in Commons. 
• The summary states that the Act is intended honor Canada’s commitment to the war on human trafficking by (a) imposing obligations on various government institutions and private-sector entities to report on measures taken to prevent and reduce the risk that forced labour or child labour is used by them or in their supply chains and (b) providing an inspection regime applicable to businesses and other entities; and (c) prohibiting the importation of goods manufactured or produced by forced labour or child labour as those terms are defined in the Fighting Against Forced Labour and Child Labour in Supply Chains Act.
• No Charter Statement has been published, as this is a private bill.
  
  Bill S-223 – An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)
• Introduced by Senator Salma Ataullahjan on November 24, 2021.  Passed in the Senate and awaiting second reading in Commons. 
• The Act would amend the Criminal Code to create new offences in relation to trafficking in human organs.  Importantly, it extends criminal liability to Canadian citizens and permanent residents who traffic in human organs, even when they do so outside Canada.
  
  It also proposes amendment of the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the appropriate minister is of the opinion that they have engaged in any activities relating to trafficking in human organs.

Provincial legislation on Human Trafficking — Ontario, Combating Human Trafficking Act, June 1^st, 2021

• The new legislation includes two new acts – theAnti-Human Trafficking Strategy Act, 2021and the Accommodation Sector Registration of Guests Act, 2021 – as well as amendments to the Child, Youth and Family Services Act, 2017 and the Prevention of and Remedies for Human Trafficking Act, 2017. Together, the acts build on the government’s response to combat human trafficking by:

• Increasing awareness of the issue, supporting a long-term provincial response and emphasizing that all Ontarians have a role to play in combatting human trafficking;
• Supporting more survivors and the people who support them in obtaining restraining orders against traffickers, with specific consideration for Indigenous survivors;
• Strengthening the ability of children’s aid societies and law enforcement to protect exploited children;
• Increasing penalties for persons, including traffickers, who interfere with a child in the care of a children’s aid society; and,
• Clarifying how and when police services can access information from hotel guest registers to help deter trafficking and identify and locate victims, while establishing the power to include other types of accommodation providers, such as short-term rental companies.

Catholic Social Teaching

Like all other social initiatives, proposals for the battle against trafficking in humans should be considered in light of the full range of the Church’s social doctrine, including particularly the fundamental values of truth, freedom, justice, and charitable love; the principles of life and human dignity, the common good, subsidiarity, and solidarity; and Christian virtues such as wisdom, humility, prudence, and good stewardship.

It seems clear that trafficking is primarily an affront  to the principles of human dignity, the common good, and solidarity, and the values of freedom, justice and charitable love.

The Compendium of the Social Doctrine of the Church notes that the worldwide, “solemn proclamation of human rights is contradicted by a painful reality of violations, wars and violence of every kind, in the first place; genocides and mass deportations, the spreading on a virtual worldwide dimension of ever new forms of slavery such as trafficking in human beings, child soldiers, the exploitation of workers, illegal drug trafficking, prostitution.” (158)

“The rights of children,” the Compendium continues, must also be legally protected.  “The situation of a vast number of the world’s children is far from being satisfactory, due to… the lack of health care, or adequate food supply, little or no possibility of receiving a minimum of academic formation or inadequate shelter. Moreover, some serious problems remain unsolved: trafficking in children, child labour, the phenomenon of “street children”, the use of children in armed conflicts, child marriage, the use of children for commerce in pornographic material, also in the use of the most modern and sophisticated instruments of social communication… These are criminal acts that must be effectively fought with adequate preventive and penal measures by the determined action of the different authorities involved.” (244-245)

The Canadian Conference of Catholic Bishops recently published a pastoral letter on the issue of human trafficking in Canada. In it, they write that “Buying sex is the most common reason for trafficking human persons. In such transactions, one person provides a tangible item or good (e.g., drugs, money) in exchange for sexual services from another person. The buyer is both directly (by violating the person’s body) and indirectly (by financially supporting the system holding that person in bondage) responsible for the harm done to the prostituted person… The most common factors involved with entry into prostitution include being poor, being female, having experienced violence and/or neglect, and having a low level of education. According to the Canadian Federal Government’s National Strategy to Combat Human Trafficking 2019- 2024, ‘Individuals at greatest risk of victimization in Canada generally include women and girls and members of vulnerable or marginalized groups such as: Indigenous women and girls, migrants and new immigrants; LGBTQ2 persons; persons living with disabilities; children in the child welfare system; at risk youth and those who are socially or economically disadvantaged.’

Pope Francis has described human trafficking as a “crime against humanity,” because it denies the human dignity of the victim, seeing him or her only as a piece of merchandise to be used to enrich or give pleasure to another.  “In its multiple forms,” the Holy Father said, human trafficking “is a wound in the humanity of those who endure it and those who commit it… trafficking is an unjustifiable violation of the victims’ freedom and dignity, which are integral dimensions of the human person willed and created by God. This is why it must be considered, without a doubt, a crime against humanity.” (NCR, April 11, 2019)

In 2014, Pope Francis established an annual International Day of Prayer and Reflection against Human Trafficking, to coincide with the feast of Saint Josephine Bakhita, patron of trafficking victims.  He was motivated, in part, by estimates that human trafficking is a $150 billion annual business supported by profits generated at the expense of 25 million victims worldwide.  (Catholic News Agency, February 8 2022).

Points to Ponder

Consider discussing the following questions with your local candidates, elected officials, and the parties, and with your family, friends, neighbors, coworkers, and fellow parishioners.  On prayerful reflection, consider sharing your conclusions with your elected representatives by writing respectful and informative letters.

• February 22nd is Human Trafficking Awareness Day in Canada.  How might we, as individuals and nations, use the day to improve our understanding of the causes, evils, and solutions for human trafficking?
• Are you able to recognize the signs of trafficking? Would you like to stay informed on the topic, and become active in fighting it? The Collaborative Network to End Exploitation is active in education, advocacy, and action.  Learn more, and get involved, at www.CNEE.ca.
• All national political parties have called for continued commitment to the fight against trafficking.  What more, if anything, could be done to fight this evil? In their recent pastoral letter, the Canadian Conference of Catholic Bishops writes that “Exiting prostitution is a complex process that most often takes numerous attempts and several years to achieve. Some women might never get out of prostitution. Research by Melissa Farley revealed that of 854 prostituted persons from 9 countries, including Canada, 89% of the women wanted to escape prostitution but were forced to remain because they had no other option for survival. Only a small percentage are fortunate enough to be able to exit… Many barriers to exiting need to be addressed in the healing process. Some obstacles include lack of safe housing, poor employment histories, physical and mental health issues, low educational levels, financial instability, and age of entry. There is a correlation between the age of entry and the number of barriers experienced in attempting to exit. Those who enter prostitution as children encounter a greater number of barriers than those who entered as adults. A key component in any process of exiting is returning the power for decision making back to the survivors, so that they can recover their self-determination.” What can different sectors of society—the Church, the government, local communities, the private sector, or the wider non-profit or charitable sector—do to support those who want to escape situations of human trafficking? What can we personally do to help?

Sources:

• Legal Scan
• Canadian Federal Government
• Compendium of the Social Doctrine of the Church 
• For Freedom Christ Has Set Us Free: Pastoral Letter on Human Trafficking and Sexual Exploitation in Canada, Canadian Conference of Catholic Bishops

The Catholic duty of participation requires that we inform ourselves of social developments, particularly those of civic interest, and that we fully consider those developments in light of the Church’s social doctrine.

This month we review a government-sponsored Bill currently being considered by the Canadian Parliament, intended to eliminate mandatory minimum sentences for certain drug-related crimes, as a part of a federal policy to treat drug abuse as a health problem, rather than a criminal matter.

The Act summarized below is intended at least partly to advance the government’s shift toward treatment of addictions and substance abuse as health issues, rather than criminal matters.  A broad range of health professionals, police officers, and others have spoken in support of the change.

Presumably, at least Bill C-5 is intended to implement a part of the framework laid out by the government in its policy backgrounder Strengthening Canada’s Approach to Substance Use Issues, published in September 2018.

Bill C-5 – An Act to amend the Criminal Code and the Controlled Drug and Substances Act

• Government Bill, introduced in Commons on December 7, 2021. 
• The summary reads: “This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.”
• Status: The Bill’s first reading was completed December 7, 2022. The Bill is in the process of undergoing Second Reading.
• Charter Statement:
  
  Overview of Bill
  Bill C-5 would make a number of amendments to the Criminal Code and the Controlled Drugs and Substances Act that seek to fulfill the Government of Canada’s commitment to address systemic inequities, including the overrepresentation of Indigenous Peoples, Black, and marginalized Canadians, in the criminal justice system. There are three areas of proposed reform in the Bill: (1) the repeal of all mandatory minimum penalties of imprisonment (MMPs) for offences under the Controlled Drugs and Substances Act and the repeal of MMPs for a tobacco offence and some offences involving the possession or use of firearms under the Criminal Code; (2) changes to increase the availability of conditional sentences under the Criminal Code; and, (3) changes to the Controlled Drugs and Substances Act to promote the use of diversion for simple possession of drugs.
  
  The minister assessed impact of the bill on two Charter provisions:  Section 12 protections against cruel and unusual treatment or punishment; and Section 7 rights to liberty.  The minister concluded that the bill comports with Charter rights.

Catholic Social Teaching

Like all other social initiatives, policy developments pertaining to substance abuse and addictions should be considered in light of the full range of the Church’s social doctrine, including particularly the fundamental values of truth, freedom, justice, and charitable love; the principles of life and human dignity, the common good, subsidiarity, and solidarity; and Christian virtues such as wisdom, humility, prudence, and good stewardship.

• Life & human dignity, solidarity, charitable love
  From the Compendium of the Social Doctrine of the Church: “ So many needy brothers and sisters are waiting for help, so many who are oppressed are waiting for justice, so many who are unemployed are waiting for a job, so many peoples are waiting for respect.  How can it be that even today there are still people dying of hunger? Condemned to illiteracy? Lacking the most basic medical care? Without a roof over their head? The scenario of poverty can extend indefinitely, if in addition to its traditional forms we think of its newer patterns. These new patterns often affect financially affluent sectors and groups which are nevertheless threatened by despair at the lack of meaning in their lives, by drug addiction, by fear of abandonment in old age or sickness, by marginalization or social discrimination…” (Section 5)
  
  
• Social institutions, subsidiarity, the common good
  From the Compendium of the Social Doctrine of the Church: “The family is the primary unit in society. It is where education begins and the Word of God is first nurtured. The Church considers the family as the first natural society, with underived rights that are proper to it, and places it at the centre of social life.   Relegating the family to a subordinate or secondary role, excluding it from its rightful position in society, would be to inflict grave harm on the authentic growth of society as a whole.”  (Sections 209-211).
  
  The proper role of government and other human institutions is to foster human life and dignity by maintaining social conditions that enable and encourage us to serve God in one another, and thereby to promote that which is truly in the common interest. In virtue of the principle of subsidiarity, public authorities have no right to take away from the family tasks which it can accomplish well by itself or in free association with other families; on the other hand, these same authorities have the duty to sustain the family, ensuring that it has all the assistance that it needs to fulfil properly its responsibilities.
  
  
• Freedom, justice, humility
  Pope Francis, in Fratelli tutti: “Some people are born into economically stable families, receive a fine education, grow up well nourished, or naturally possess great talent. They will certainly not need a proactive state; they need only claim their freedom. Yet the same rule clearly does not apply to a disabled person, to someone born in dire poverty, to those lacking a good education and with little access to adequate health care. If a society is governed primarily by the criteria of market freedom and efficiency, there is no place for such persons, and fraternity will remain just another vague ideal.” (Section 109)

The Canadian Conference of Catholic Bishops has stated that:

• “The Catholic Bishops of Canada are deeply troubled by the devastating effects of [drugs such as opioids like fentanyl and carfentanyl], in particular their ability to extinguish human life in an instant. Even when they do not kill directly, their addictive power creates what Pope Francis recently referred to as “a new form of slavery.” Persons suffering from addiction often have a distorted perception of reality and of what should be desired; the addiction itself is neither representative of who they really are nor is it an authentic expression of their will.
  
  “Moreover, the social ramifications of drug addiction are many. It can be the cause of family breakdown and all kinds of impoverishment (social, educational, economic, emotional, spiritual, etc.). During pregnancy, the use of narcotics can result in miscarriage as well as infant chemical dependency and congenital health problems. Beyond the measurable effects of the crisis today, there are others that we do not yet know: effects that are passed down to the children of those afflicted by addictions or that linger in families and communities for years to come.
  
  “A drug addiction crisis is a complex reality involving a combination of diverse narcotics, people, backgrounds, and contemporary pressures.”

Our Bishops also remind us that:

• The Gospels chronicle how he [Jesus] cured the sick, restored sight to the blind, raised the dead, and cast out demons. He also brought hope to the burdened and brokenhearted. His message extends also to caregivers, for he taught that when we care for the sick, we care for Christ himself. We are called, therefore, to bring hope and healing to those enslaved by drug addiction as well as to their families and communities.

Points to Ponder

Consider discussing the following questions with your local candidates, elected officials, and the parties, and with your family, friends, neighbors, coworkers, and fellow parishioners.  On prayerful reflection, consider sharing your conclusions with your elected representatives by writing respectful and informative letters.

• These bills are steps in a broader National Approach to Substance Use initiative, which calls for amendment of several acts, and changes in the operations of several ministries, in order to shift substance abuse from a problematic, potentially criminal issue to a healthcare matter. For example, C-286 would direct the national minister of health to begin developing a strategy for treatment of substance abuse.
  • It is prudent to enact one part of the strategy before other parts are in place and ready also? It seems possible that decriminalization of possession might have significant effects on markets for commonly misused substances, and therefore the amount of substances available for misuse.  Might that influence the number of users requiring care and assistance? 
  • If true, could these consequences be adequately offset by increased access of affected individuals to mental and health care professionals?

• As noted by the Canadian bishops and by Pope Francis, among others, substance abuse is a complex issue which has many, often interrelated causes and effects. For example, identified causes of substance abuse include family breakups, economic troubles such as job loss or unsatisfying work, loss of individual purpose or sense of purpose tied to communal or national life, other mental health challenges or personal tragedies. There would seem to be many causes of individuals losing hope.
  • Does our national strategy effectively and justly address all of the causes of substance abuse? For example, what about the availability of fulfilling, dignified work, and affordable, dignified housing?
  • It is generally conceded that contributing causes of substance abuse includes family breakdown and an unjust economic system. Is Canada, as a nation, establishing a social and economic framework that is truly supportive of families? If not, what more could be done?
• Is our national healthcare system ready for any increased burdens these proposals might place on it? Numerous government officials at all levels have already noted that our healthcare system is overburdened, inefficient, and too expensive, and unable to serve the population now.  This has been particularly true during the pandemic and is reported to have resulted in many deaths due to lack of available healthcare services. 
  
  Moreover, our Canadian bishops have noted that a significant contributing cause to the rising number of abuse-related deaths has been mis-prescription of opioid painkillers.
   
  • Is our healthcare system prepared to properly administer prescriptions, including alternative substances intended to help users end their addictions?
  • What is the plan for offering effective and appropriate health care and mental care for those seeking help for addictions? Should a broad range of addictions specialists be called together to craft proposals, and should there exist a process for funding those proposals?
    
    
• Some are concerned that the legislation would work to de-stigmatize drug abuse, by striking references to abuse and attempting to make those who may be addicted feel more welcome to seek treatment, and thereby contribute to increased levels of abuse.
  • Do proposals include adequate educational efforts to warn children and others of the dangers of substance misuse, for example by campaigning for support for former addicts, or inclusion of expert descriptions of the real stories of addicts, in order to minimize addiction, with its massive personal and social costs?

• A stated goal of Bill C-5 is to “address the overrepresentation of Indigenous people, Black Canadians, and members of marginalized communities [in Canada’s criminal justice system]. Bill C-5 focuses on existing laws that have exacerbated underlying social, economic, institutional, and historical disadvantage and which have contributed to systemic inequities at all stages of the criminal justice system, from first contact with law enforcement all the way through to sentencing.” The government states that mandatory minimum sentencing laws—those which this Bill would eliminate—have led to over-incarceration of these communities in Canada. The government further argues that the sorts of individuals affected by these mandatory minimum sentencing laws are the least likely to re-offend once released and deserve a second chance.
  • Will the proposal make a positive contribution to addressing these real issues as the government argues?

• The opposition argues that the Bill would remove mandatory minimum sentences for very serious crimes (like robbery with a firearm, drug trafficking, importing and exporting drugs, and others), and that the Bill would therefore not achieve its intended affect of reducing inequities while helping those struggling with addiction.
  • Will the proposal help to address the addictions crisis facing so many Canadians, or are more—or different—tactics needed?

Sources:

• Legal Scan
• Canadian Federal Government
• Compendium of the Social Doctrine of the Church