This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it.
In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies.
Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit.
On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.
| Identifer | oai:union.ndltd.org:uottawa.ca/oai:ruor.uottawa.ca:10393/31786 |
| Date | January 2014 |
| Creators | Sikka, Annuradha |
| Publisher | Université d'Ottawa / University of Ottawa |
| Source Sets | Université d’Ottawa |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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