Canada’s privacy laws are hindering efforts to effectively combat cross-border sex trafficking, U.S. Ambassador to Canada David Cohen stated in an interview aired on Sunday. Cohen, who is nearing the end of his tenure, emphasized that while significant progress has been made in addressing key border security concerns between the U.S. and Canada, challenges remain, particularly when it comes to tackling human trafficking.
“Sex trafficking remains a significant concern, not only between the U.S. and Canada but also with Mexico,” Cohen said. “It is one of the primary focus areas of U.S. Customs and Border Protection (CBP). However, Canada’s strict privacy laws create real barriers to cross-border cooperation in this critical area.”
Cohen pointed out that Canada’s privacy protections, particularly regarding the National Sex Offender Registry, limit the ability of U.S. and Canadian law enforcement agencies to share crucial data. In Canada, the registry is only accessible to law enforcement for limited investigative purposes, whereas U.S. sex offender data is public and easily shared between police agencies across states.
“This discrepancy creates a real challenge in terms of collaboration,” Cohen explained. “The U.S. believes that more open information sharing is necessary to effectively combat sex trafficking. However, Canada’s heightened privacy regulations, which protect the rights of convicted sex offenders, pose an obstacle to this cooperation.”
In response to concerns that these privacy laws may inadvertently protect sex traffickers, Cohen affirmed, “Yes, the current legal framework does provide protection to traffickers, and that is something that must change if we are to effectively fight this issue.”
Cohen noted that ongoing discussions between the U.S. and Canadian governments may lead to changes in Canada’s privacy laws, particularly concerning convicted sex offenders. Legislation is being considered that would provide these individuals with fewer privacy protections, thus allowing for more effective law enforcement cooperation across borders.
Additionally, both nations entered negotiations in 2022 to reach a bilateral agreement under the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act. This agreement, which would facilitate improved cross-border data sharing, is seen as a step toward enhancing the ability of both countries to combat cross-border crime, including sex trafficking.
The U.S. State Department’s latest Trafficking in Persons Report acknowledges that Canada meets the minimum standards for combating human trafficking. However, the report highlights significant gaps in police data collection and victim services, particularly in terms of victim protections, which are considered “inadequate.”
“Sex trafficking continues to be a significant problem at the border, and while Canada has made strides, there is still much to be done,” Cohen remarked.
Additionally, the U.S. Border Patrol’s October report showed a notable increase in border apprehensions, with more than 19,000 individuals from 97 countries intercepted at the Swanton Sector, covering the Vermont-Quebec border, marking the highest number in 17 years.
While sex trafficking remains a major focus, Cohen also acknowledged other critical border security challenges, including the smuggling of illegal firearms from the U.S. into Canada. U.S. officials have cited the United States as the primary source of guns used in crimes in Canada, and the issue continues to be a source of tension between the two nations.
Canada is also grappling with irregular migration and fentanyl trafficking, which have been key points of discussion in the lead-up to President Donald Trump’s expected inauguration. Cohen said the Biden administration is focused on strengthening border security, with diplomatic efforts already yielding progress. Recent data from U.S. Customs and Border Protection shows a sharp increase in fentanyl seizures along the Canadian border, with over 5,000 kilograms of illegal drugs, including nearly 20 kilograms of fentanyl, seized between October 2023 and September 2024.
As Canada prepares to commit additional resources to border security ahead of Trump’s inauguration, Cohen emphasized the economic ramifications of the proposed U.S. tariffs on Canadian and Mexican goods. While Trump has threatened to impose a 25% tariff, Cohen cautioned that the full impact of this policy remains unclear, noting that tariffs could exacerbate inflation and disrupt the economies of both countries.
“It’s too early to say what the impact will be. A one-paragraph post on social media doesn’t fully capture the complexity of such a policy,” Cohen said.
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