2024 Record Suspension and Expungement of Criminal Records for People Who Have Been Trafficked 

A survivor-led, human trafficking study completed by the National Survivor Network (2022) showed that the vast majority of human trafficking survivors have some kind of criminal record as a result of their trafficking experience. Criminal offences of prostitution by persons who are trafficked are unjust, given that the circumstances are beyond their control. Having a criminal record can be a barrier to women reintegrating into society and having their criminal records expunged may help survivors of human trafficking access employment and educational opportunities and also be protected from discrimination in federally regulated sectors by the Canadian Human Rights Act.  BPW Canada asks that the Criminal Records Act be amended to include now defunct pre-2014 prostitution offences (The Bedford Decision). This amendment would allow survivors of human trafficking that were convicted of a prostitution-related offence to apply for a record suspension (Supreme Court of Canada, 2018).
A procedure was adopted through Bill C-66, the Expunging Certain Historically Unjust Convictions Act (EHUCA), to expunge criminal records under certain circumstances.
The Governor in Council is authorized by the EHUCA to add other offences to the schedule when certain conditions are met, if the activity no longer constitutes an offence under an Act of Parliament and the Governor in Council is of the opinion that the criminalization of the activity constitutes a historical injustice (BillC-66 (42-1) – Royal Assent – Expungement of Historically Unjust Convictions Act – Parliament of Canada). These survivors were victims and need the opportunity to move on with their lives without being further victimized.