Remediation measures and victim support under the modern day slavery legislation in Canada

The Fighting Against Forced Labour and Child Labour in Supply Chains Act in Canada places significant emphasis on remediation measures, recognising that identifying and addressing instances of forced labour and child labour is only the first step in a comprehensive approach to supply chain responsibility. The legislation requires entities to describe measures taken to remediate any forced labour or child labour identified in their activities and supply chains, as well as measures to address the loss of income to vulnerable families resulting from remediation efforts.

Remediation under the Act encompasses both corrective actions to address identified instances of forced labour and child labour and preventive measures to reduce the risk of future occurrences. When entities discover evidence of forced labour or child labour in their operations or supply chains, they must take immediate action to stop the harmful practices and address the impacts on affected workers and communities. This may involve discontinuing relationships with non-compliant suppliers, implementing enhanced monitoring systems or providing support to affected workers.

The Act specifically recognises that remediation efforts can have unintended consequences for vulnerable families who may depend on the income generated by the labour in question. When measures to eliminate forced labour or child labour result in loss of income to families, entities must consider and implement measures to address these economic impacts. This requirement reflects international best practices in responsible business conduct and acknowledges that effective remediation must consider the broader social and economic context in which labour violations occur.

Effective remediation begins with strong grievance mechanisms that allow workers, communities and other stakeholders to report concerns about forced labour and child labour. These mechanisms must be accessible, transparent and protect the confidentiality and safety of those making reports. Entities should establish multiple channels for reporting, including anonymous hotlines, online reporting systems and partnerships with local organisations that can serve as intermediaries for vulnerable workers.

When reports of forced labour or child labour are received, entities must conduct thorough investigations to determine the facts and assess the scope of the problem. This investigation process should be conducted with appropriate expertise, potentially involving external specialists in labour rights, human trafficking or child protection. The investigation must be conducted with sensitivity to the safety and well-being of affected workers and should comply with local laws and international standards.

If forced labour or child labour is confirmed, entities must take immediate action to stop the harmful practices and protect affected workers. This may involve suspending or terminating relationships with suppliers, implementing enhanced monitoring and oversight or working with suppliers to implement corrective action plans. The response must be proportionate to the severity of the violation and should prioritise the safety and well-being of affected workers over other considerations.

Remediation efforts must also address the needs of affected workers and communities. This may include providing access to medical care, psychological support, legal assistance and alternative employment opportunities. For child labour cases, entities should work with local organisations to ensure that affected children have access to education and that their basic needs are met. The remediation process should be developed in consultation with affected workers and communities to ensure that measures are appropriate and effective.

The Act's requirement to address loss of income to vulnerable families reflects the understanding that removing children from work or changing employment conditions for adults may create economic hardship for families who depend on this income. Entities must consider alternative livelihood opportunities, skills training programmes, access to credit or financial services and other measures that can help families transition to more sustainable and appropriate income sources.

Practical implementation of remediation measures requires entities to develop clear policies and procedures for responding to reports of forced labour and child labour. These procedures should specify roles and responsibilities, establish timelines for response and provide guidance on working with affected workers and communities. Organisations should also establish relationships with local service providers, including legal aid organisations, healthcare providers and social services agencies, who can assist with remediation efforts.

Documentation and reporting are critical components of effective remediation, both for internal management purposes and for meeting the Act's reporting requirements. Entities should maintain detailed records of all grievance reports, investigations and remediation efforts, including outcomes and lessons learned. This documentation should be regularly reviewed to identify patterns and improve the effectiveness of remediation processes.

Prevention remains the most effective approach to addressing forced labour and child labour risks. Entities should use remediation experiences to strengthen their due diligence processes, improve supplier selection and monitoring and enhance training programmes. Regular review and updating of policies and procedures based on remediation experiences helps ensure that entities continuously improve their ability to prevent and address labour violations.

Collaboration with other stakeholders can enhance the effectiveness of remediation efforts. This may include working with industry associations, civil society organisations, government agencies and international organisations that have expertise in addressing forced labour and child labour. Collective approaches to remediation can be particularly effective in addressing systemic issues that affect multiple entities or entire sectors.