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Canada’s Privacy Laws Hinder Efforts Against Cross-Border Sex Trafficking

The outgoing U.S. ambassador to Canada, David Cohen, has highlighted that Canada’s privacy legislation poses significant challenges in tackling the serious problem of cross-border sex trafficking. This issue has been a recurring topic of discussion between the United States and Canada during the Biden administration.

While advancements have been made in managing border security threats such as irregular migration and drug trafficking, Cohen emphasized that sex trafficking remains an area requiring urgent attention. In an interview aired on The West Block, he stated, “Not mentioned in the president-elect’s social media post is a problem we have with sex trafficking between Canada and the United States.”

This cross-border issue, Cohen explained, involves both Canada and Mexico and is a primary focus for U.S. Customs and Border Protection personnel.

Cohen identified the main obstacle as the lack of effective information sharing and collaboration between Canadian and U.S. law enforcement, particularly due to strict privacy laws related to the National Sex Offender Registry. In Canada, access to this registry is restricted for limited investigative purposes, while in the U.S., data about sex offenders is publicly accessible and readily shared among law enforcement agencies.

Concerns on Privacy Laws and Trafficking Protection

“One of the real barriers to full cooperation, maybe the way the United States would like to see it, is the heightened privacy rules and regulations that exist in Canada, as opposed to the United States,” Cohen noted. When questioned about whether these laws inadvertently protect sex traffickers, he affirmed, “Correct.”

In response to these concerns, discussions are underway regarding potential Canadian legislation that could grant convicted sex offenders reduced privacy protections to facilitate better information sharing.

In 2022, Canada and the U.S. commenced negotiations for a bilateral agreement under the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act, which aims to streamline cross-border data sharing amongst law enforcement entities.

The recent U.S. Trafficking in Persons Report indicated that while Canada meets the minimum standards for combatting human trafficking, it has notable deficiencies in both police data gathering and victim support services, the latter being labeled as “inadequate.”

Moreover, Chief U.S. border patrol agent Robert Garcia reported that the Swanton Sector, covering the Vermont-Quebec border, apprehended over 19,000 individuals from 97 different countries in the past year—a number that surpasses the total from the preceding 17 years combined.

Cohen also highlighted the ongoing dialogues among Canadian federal, provincial, territorial, and Indigenous leaders concerning the plight of missing and murdered Indigenous women and girls, framing this as another critical aspect of border control.

Simultaneously, Canada is addressing the issue of illegal firearms smuggling from the U.S., recognized as the primary source of guns used in Canadian crimes. The current border security discourse has been heavily influenced by concerns surrounding irregular migration and the trafficking of fentanyl, particularly after President Trump proposed imposing 25 percent tariffs on goods from Canada and Mexico if these issues remain unaddressed.

Despite a dramatic surge in encounters of migrants attempting to enter the U.S. through the Canadian land border in June, which saw a 306 percent increase year-over-year, that number experienced a 50 percent decline by September, as reported by U.S. Customs and Border Protection. The agency also noted the seizure of over 5,000 kilograms of illegal drugs at the Canadian border during the past year, including a staggering increase in fentanyl seizures.

Looking ahead, Canada’s Public Safety Minister Dominic LeBlanc announced plans to bolster border security personnel and equipment before Trump’s inauguration. Cohen warned that the proposed tariffs could significantly affect both economies and potentially elevate inflation, which Trump has promised to eliminate.

“All we’ve seen about this policy is a one-paragraph Truth Social post, and that’s not a full policy,” Cohen commented, expressing uncertainty about the implications until a clearer stance is established.

For survivors of sex trafficking seeking support, the Canadian Human Trafficking Hotline is available 24/7 at 1-833-900-1010.

Source
globalnews.ca