PROTECTION FROM HUMAN TRAFFICKING ACT 1 B I L L No. 14

An Act respecting Protection Orders and other Remedies for Human Trafficking and making a consequential amendment to another Act TABLE OF CONTENTS

PART 1 Preliminary Matters 1S h o r t t i t l e 2

Definitions and

interpretation

PART 2 Protection Orders 3 Application for protection order 4P r o t e c t i o n o r d e r 5E x p i r y a n d e x t e n s i o n 6 Application without notice if immediate or imminent danger 7 Review of order 8 Warrant permitting entry 9 Search of vehicle 10 Evidence of witnesses 11 If party is a child 12 Confidential information, private hearings and publication 13 Appeal 14 Offences and penalties 15 Arrest without warrant 16 Immunity

PART 3 Tort of Human Trafficking 17 Action 18 Remedies 19 Publication ban

PART 4 Regulations 20 Regulations

PART 5 Consequential Amendment 21 SS 1994, c V-6.02,

section 2 amended

PART 6 Coming into Force 22 Coming into force (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART 1 Preliminary Matters

Short title 1 This Act may be cited as The Protection From Human Trafficking Act.

Definitions and

interpretation 2(1) In this Act: “child” means a person who is under 18 years of age; “controlled substance” means: (

a) a controlled substance as defined in the Controlled Drugs and Substances Act (Canada); (

b) an intoxicating substance as defined in

section 4 of The Safer Communities and Neighbourhoods Act;

PROTECTION FROM HUMAN TRAFFICKING ACT 2 (

c) cannabis as defined in The Cannabis Control (Saskatchewan) Act; or (

d) beverage alcohol as defined in The Alcohol and Gaming Regulation Act, 1997; “court” means the Court of Queen’s Bench; “driver’s licence” means driver’s licence as defined in The Traffic Safety Act; “human trafficking” means the recruitment, transportation, transfer, holding, concealing, harbouring or receipt of a person by any of the following means: (

a) by the threat or use of force or other form of coercion, abduction, fraud or deception; (

b) by the repeated provision of a controlled substance; (

c) by the abuse of power or the abuse of a position of vulnerability; (

d) by the giving or receiving of payments or benefits to achieve the consent of a person who has control over another person; for the purpose of exploiting that person through: (

e) sexual exploitation, wh ich may occur in person or through electronic and digital means, including the non-consensual recording and distribution of intimate images or audio; (

f) forced labour or services, including slavery or practices similar to slavery; or (

g) the removal of a human organ or tissue; “internet intermediary” means a person or organization that hosts or indexes third party content through an online platform; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “peace officer” means: (

a) a member of the Royal Canadian Mounted Police; or (

b) a member of a police service as defined in The Police Act, 1990; “prescribed” means prescribed in the regulations; “protection order” means a protection order issued pursuant to

section 4; “respondent” means the person or persons against whom a protection order is sought; “vehicle” means vehicle as defined in The Traffic Safety Act; “victim” means an individual who has been subjected to human trafficking or to the threat of human trafficking; “visual recording” includes a photographic, film or video recording made by any means.

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(2) For the purposes of the definition of “human trafficking” in subsection (1): (

a) the consent of the victim to the inte nded exploitation is irrelevant to a determination of human trafficking; and (

b) in the case of a child, the recruitm ent, transportation, transfer, holding, concealing, harbouring or receipt of a child for the purpose of exploitation constitutes human trafficking even if it does not involve any of the means mentioned in clauses (

a) to (

d) of the definition.

PART 2 Protection Orders Application for protection order 3 Any of the following persons may apply to the court for a protection order against a respondent: (

a) a victim; (

b) any of the following persons on behalf of a victim, with the victim’s consent: (

i) a person approved by the person’s employer to make an application pursuant to this Act and who is employed: (

A) by an agency or organization to assist persons for whom the agency or organization provides accommodation in an emergency or transitional shelter because of homelessness or abuse; or (

B) to provide support for victims of interpersonal violence; (ii) a lawyer; (iii) a peace officer; (iv) a duly qualified medical practitioner; (

v) a member, as defined in The Social Workers Act, of the Saskatchewan Association of Social Workers; (vi) a member, as defined in The Psychologists Act, 1997 , of the Saskatchewan College of Psychologists; (vii) a practising member, as defined in The Registered Nurses Act, 1988, of the Saskatchewan Registered Nurses’ Association; (viii) a practising member, as defined in The Registered Psychiatric Nurses Act, of the Registered Psychiatric Nurses Association of Saskatchewan; (

c) if the victim is a child: (

i) a person who has lawful decision -making responsibility with respect to the child; or (ii) a director appointed pursuant to The Child and Family Services Act; (

d) any other prescribed person or member of a prescribed class of persons.

PROTECTION FROM HUMAN TRAFFICKING ACT 4 Protection order 4(1) On an application pursuant to

section 3, the court may issue a protection order against the respondent if the court determines, on a balance of probabilities, that the respondent has engaged or may engage in the human trafficking of the victim.

(2) A protection order may contain any term or condition that the court considers necessary or advisable for the protection of the victim, including: (

a) prohibiting the respondent from, directly or indirectly, communicating with or contacting the victim or any specified person; (

b) prohibiting the respondent from foll owing the victim or a specified person from place to place; (

c) prohibiting the respondent from attending at or within a specified distance from any place that the victim or a specified person attends regularly, which may include a school, shelter, youth facility, place of residence, place of worship, place of employment or any other place wher e the victim or specified person is reasonably known by the respondent to be; (

d) requiring the respondent to return to the victim a pet in the care of the victim, or specified personal effects or documents belonging to the victim, such as a passport, driver’s licence, health card or other form of identification, in the manner specified in the order; (

e) requiring the respondent to return to the victim the original and any copies of any visual recording of the victim; (

f) prohibiting the respondent from possessing, making, transmitting, making available, selling, advertising or distributing any visual recording of the victim; (

g) declaring to be unlawful the distributi on of all visual recordings of the victim that the respondent has made of the victim, or has caused to be made of the victim, as a result of human trafficking; (

h) requiring the respondent to make every reasonable effort to make all visual recordings of the victim that the respondent has made of the victim, or has caused to be made of the victim, as a result of human trafficking unavailable to others, including by: (

i) destroying all copies of the visual recordings in the respondent’s possession or control; (ii) having the visual recordings remo ved from any platform operated by an internet intermediary; and (iii) having the visual recordings de-indexed from any internet search engine; (

i) requiring any internet in termediary or other person or organization to make every reasonable effort to remove or de-index all visual recordings of the victim; (

j) as an exception to a prohibition imposed pursuant to clause (

a) or (c), permitting the respondent to attend, where the victim is present, any court proceeding in which the respondent is a party or an accused person; (

k) if the respondent is a member of a gang as defined in The Safer Communities and Neighbourhoods Act , or criminal organization as defined in the Criminal Code, prohibiting all or any members of the gang or criminal organization from contacting the victim or any specified person.

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(3) In determining whether to issue a protec tion order, the court shall consider the ongoing safety of the victim, and may consider the following factors: (

a) the respective ages of th e victim and the respondent; (

b) the victim’s immigration status; (

c) whether the victim has a physical or intellectual disability; (

d) the nature of the relationship be tween the victim and the respondent; (

e) whether the respondent is in a position of trust, power or authority in relation to the victim; (

f) the use of threats or other forms of intimidation by the respondent against the victim or against a person or a pet known to the victim; (

g) the use of force by the respondent against: (

i) the victim; (ii) a person or a pet known to the victim; or (iii) another person or another pet in the victim’s presence; (

h) the use of deception, fraud or other forms of coercion by the respondent in relation to the victim; (

i) the provision to the victim of a controlled substance, by the respondent, in order to cause or compel the victim to provide labour or services, to engage in sexual conduct or to allow an organ or tissue to be removed; (

j) the respondent’s control, including wi thholding, or threatened control of the victim’s access to a controlled substance; (

k) the respondent’s control, including withholding, or threatened control of the victim’s money and finances; (

l) the respondent’s control, including withholding, destruction, concealment or removal, or threatened control of any of the victim’s personal effects, property including pets, documents, such as a passport, driver’s licence, health card or other form of identification, bank cards, vehicles or keys; (

m) the possession, making, transmission, making available, selling, advertising or distribution, by the respondent, of any visual recording of the victim in which the victim is nude, is exposing the victim’s genital organs, anal region or breasts, or is engaged in or depicted as being engaged in explicit sexual activity; (

n) any other factor that the court considers relevant; (

o) any other prescribed factor.

(4) A protection order is not effective against the respondent until the respondent is served with the order, including by substituted service, in accordance with The Queen’s Bench Rules.

(5) If, in granting a protection order, the court determines that it is appropriate for the protection of the victim to prohibit the respondent from holding a valid driver’s licence, the court may order the suspension of the respondent’s driver’s licence for the period specified by the court.

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(6) If the court suspends a respondent’s driv er’s licence pursuant to subsection (5): (

a) the court shall provide a copy of the protection order to the minister; (

b) the minister shall provide a copy of the protection order to the administrator under The Traffic Safety Act; and (

c) the administrator under The Traffic Safety Act shall immediately suspend the respondent’s driver’s licence, and the respondent’s ability to secure a driver’s licence, for the period specified in the protection order.

(7) If, in granting a protection order, the court determines that it is appropriate to do so for the protection of the victim, the court may order the respondent to surrender to the court, or to a person specified by the court, the respondent’s passport and any other travel documents that the court may specify for