Page 40 - CCCA 250375 Magazine_Summer 2016

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model buSineSS prinCipleS on ForCed lAbour, lAbour

trAFFiCking And illegAl or hArmFul Child lAbour

“It was like hell. He made me work until I passed that addresses remediation for forced
out. Just like a slave… He was always screaming and labour, labour traffcking and illegal or
harmful child labour in its operations.
threatening me. I was devoured by fear.” These model principles are consistent with
the United Nations Guiding Principles.
Tibor Danyi, a forced labour/labour traffcking survivor brought from Hungary to Canada The CBA urges Canadian lawyers and
1
businesses to adopt and implement their
own business and supply chain codes of
ccording to the Canadian Council for help in-house and external counsel encour- conduct consistent with this framework.
Refugees (CCR), there are approxi- age their business clients to guard against
Amately 21 million people across the such abuses in their operations. They were why Should You Adopt the principles?
globe living in a situation of forced labour. adopted by the CBA earlier this spring. Victims of modern slavery (including
They report that “in Canada, traffcking for The group also identifed two areas forced labour, human traffcking and
the purpose of labour has predominantly that required additional consideration for child labour) are among the most vulner-
affected migrant workers.” An RCMP FAQ applicability and use in Canada: circum- able members of society. In-house coun-
on human traffcking explains that victims stances in which individuals are forced sel have a pivotal role to play in prevent-
of forced labour or traffcking will often be to work but are not traffcked over a geo- ing these abuses by providing advice to
found working in non-unionized indus- graphical area, and situations in which a businesses on corporate social responsi-
tries, hotels and restaurants and manufac- child works for a family-owned and op- bility, and environmental, social and gov-
turing jobs, and on commercial agriculture erated business, such as a farm or a res- ernance issues. As an integral part of the
and construction sites. Because of the clan- taurant. As such, the language “illegal or CBA, the CCCA also has a reputation of
destine nature of traffcking, it’s impossible harmful” was added to the model princi- supporting the rule of law, social justice
to know how many victims currently live ples to distinguish them from the permit- and initiatives committed to the recogni-
in Canada, but we do know they’re here. ted use of children in certain workplaces. tion of human rights.
In response to this crisis, the CCCA re- In addition, forced labour, human traf-
cently took the lead in developing model the Four model principles fcking and child labour in business and
business principles to combat forced la- The principles, in brief, are as follows: business supply chains are increasingly be-
bour, labour traffcking and illegal or harm- ■ Principle 1: The business should pro- coming the subject of legislation, regula-
ful child labour. It created a working group hibit forced labour, labour traffcking tions and scrutiny. As such, it is important
consisting of Michael Jason, Richardson In- and illegal or harmful child labour in for in-house counsel to take a proactive
ternational; Lars Herwig, Hootsuite (with its operations. approach in ending these cruelties. Péro-
Best Buy during this project); Stephen Pike, ■ Principle 2: The business should con- deau is hopeful that these principles will
Gowling WLG; and Kellie Krake, CCCA. duct risk assessments of the risk of forced frame future conversations around these
“Through our work in this area, the labour, labour traffcking and illegal or types of labour abuses in Canada.
CCCA has broken new ground in the harmful child labour in its operations The CBA and the CCCA will soon
Canadian legal landscape,” said CCCA and continually monitor implementa- be publishing the Model Business Prin-
Chair Frédéric Pérodeau. “The resulting tion of this statement of principles. ciples on their websites for use by busi-
principles are based on work done by the ■ Principle 3: The business should train nesses, organizations, associations or
American Bar Association, and reference relevant employees, engage in continu- other entities that do not currently have
Canadian and international laws and ous improvement and maintain ef- codes of conduct in place, as well as busi-
business codes relating to labour abuses, fective communications mechanisms nesses that have adopted codes but wish to
for a document that serves the distinct with its suppliers. modify them to refect evolving best prac-
needs of Canadian business.” ■ Principle 4: The business should de- tices. Keep an eye on www.cba.org and
The model principles provide a consis- vise a remediation policy and plan www.ccca-accje.org in the coming weeks. ❚
tent framework for businesses looking to
develop and implement a code of conduct to 1 Morrow, Adrian. (2012, March 1). “Human-traffckers treated men on Ontario construction site ‘like slaves.’”
address labour abuses. They are designed to The Globe and Mail. Retrieved from http://www.theglobeandmail.com

40 CCCa MagazIne | SUMMer 2016 été