The Canadian federal government is preparing to introduce a bill aimed at reforming the country's approach to imports of goods produced with forced labour. This proposed legislation is viewed as a direct response to rising tensions with the United States under President Donald Trump's administration, which is considering implementing new tariffs specifically targeting Canada and several other nations for inadequate enforcement regarding forced labour practices.
Dominic LeBlanc, the minister responsible for Canada-U.S. trade, emphasized that the government is actively working to resolve longstanding concerns from Washington regarding "non-tariff barriers." Recently, the United States Trade Representative, Jamieson Greer, recommended imposing an additional 10 percent tariff on various countries, including Canada, Mexico, and the United Kingdom. This recommendation is non-binding, and public consultations must be completed before any tariffs can be enacted.
In anticipation of these potential tariffs, Prime Minister Mark Carney stated that Canada maintains a robust legal framework against forced labour but acknowledged that the effectiveness of its enforcement has been lacking. He pointed out that the government is aware of the need for stronger mechanisms to ensure compliance and enforcement of existing regulations.
Advocates have long criticized Canada’s enforcement of laws aimed at curbing products made through slavery, noting that the current system is not being utilized to its full potential. Carney himself admitted that while Canada has implemented strong standards and responsibilities, the enforcement has been inadequate. He suggested that structural and resource-related issues may contribute to this shortfall.
In a surprising turn, Carney announced the elimination of the Canadian Ombudsperson for Responsible Enterprise (CORE), a position created during Justin Trudeau's administration. This office was meant to investigate human rights violations committed by Canadian corporations abroad, including cases of forced labour. The Prime Minister described the office as ineffective, further complicating Canada's commitment to enforcing rights standards internationally.
Meanwhile, Foreign Affairs Minister Anita Anand, currently in Europe, indicated that the ombudsperson role "remains important" and suggested that efforts to fill this position are in progress. On Friday, Rob Oliphant, Anand’s parliamentary secretary, is expected to table the new legislation on forced labour.
As part of the Canada-United States-Mexico Agreement (CUSMA), Canada revised its customs laws regarding forced labour in 2020, making it illegal to import products made either wholly or partially through forced labour. Despite these changes, the U.S. administration has expressed concerns over Canada’s enforcement measures. Citing a lack of published data on enforcement efforts, the U.S. alleges that Canadian border officials have demonstrated inadequate action against suspected shipments related to forced labour.
A report by the Coalition Against Forced Labour revealed that Canadian authorities intercepted a mere 50 shipments suspected of involving forced labour, with only two shipments being actually rejected. The Canada Border Services Agency has acknowledged intercepting and detaining 50 shipments since 2020 due to forced labour concerns, but only two shipments were confirmed to have involved forced labour, one related to textiles and another to frozen seafood.
Former Liberal MP John McKay, an advocate for legislation prohibiting goods produced through slavery, criticized the U.S. for allowing private firms to utilize prison labour for exports. He accused the Trump administration of lax enforcement related to eliminating Uyghur forced labour practices in China, further calling attention to the inconsistencies in international human rights enforcement.
Despite passing legislation in 2023 that allows the government to issue fines and launch investigations against companies for non-compliance, critics hold that Ottawa has yet to effectively utilize these powers to access private companies' records or impose any penalties. This ongoing debate underscores the challenges facing Canada and its commitment to actively combat forced labour.
