What Does a Human Trafficking Charge Actually Look Like in Ontario?
Human trafficking is one of the most serious criminal charges in Canada. A common misconception is that human trafficking only applies where someone is moved across a border. That is not required under Canadian criminal law.
Under Criminal Code, RSC 1985, c C-46, s 279.01, a person may be charged with human trafficking where they recruit, transport, transfer, receive, hold, conceal, or harbour another person, or exercise control, direction, or influence over that person’s movements, for the purpose of exploiting them or facilitating their exploitation.
The focus is not only on movement. The focus is on whether the Crown can prove control, direction, influence, and exploitation.
Human Trafficking Under the Criminal Code
The offence of human trafficking is set out in section 279.01 of the Criminal Code. The offence can apply even where the alleged conduct happened entirely within Ontario.
For adult trafficking, the offence carries a maximum sentence of 14 years imprisonment and a mandatory minimum sentence of four years. If the offence involved kidnapping, aggravated assault, aggravated sexual assault, or death, the maximum sentence is life imprisonment and the mandatory minimum sentence is five years (Criminal Code, RSC 1985, c C-46, s 279.01).
Where the complainant is under 18 years old, the offence is treated even more seriously. Trafficking of a person under 18 is set out in Criminal Code, RSC 1985, c C-46, s 279.011. That offence carries a maximum sentence of 14 years imprisonment and a mandatory minimum sentence of five years. In more serious cases involving kidnapping, aggravated assault, aggravated sexual assault, or death, the maximum sentence is life imprisonment, and the mandatory minimum sentence is six years.
What Does Exploitation Mean?
Exploitation is defined in Criminal Code, RSC 1985, c C-46, s 279.04. In general terms, exploitation involves causing another person to provide labour or a service through conduct that could reasonably make them believe their safety, or the safety of someone known to them, would be threatened if they refused.
When deciding whether exploitation occurred, the court may consider whether the accused:
- Used or threatened to use force or another form of coercion;
- Used deception; or
- Abused a position of trust, power, or authority.
Human trafficking does not always involve sexual exploitation. It can also involve labour-based allegations or other forms of control.
The Supreme Court of Canada recently addressed human trafficking in R v T.J.F., 2024 SCC 38. The Court held that evidence of regular violence, threats of violence, or a violent relationship may be relevant to the elements of the offence of trafficking in persons, including exploitation.
Related Human Trafficking Charges
Human trafficking investigations may also involve related charges.
A person may be charged with receiving a material benefit from trafficking if they receive a financial or other material benefit knowing that it was obtained from human trafficking (Criminal Code, RSC 1985, c C-46, s 279.02).
A person may also be charged if they conceal, remove, withhold, or destroy another person’s travel documents, identity documents, or immigration documents for the purpose of committing or facilitating human trafficking (Criminal Code, RSC 1985, c C-46, s 279.03).
Human trafficking charges may also overlap with procuring. Procuring is set out in Criminal Code, RSC 1985, c C-46, s 286.3. Depending on the allegations, police may lay both trafficking and procuring-related charges.
What Evidence Is Usually Involved?
Human trafficking cases are often evidence-heavy. Police may look at text messages, phone records, social media messages, bank records, e-transfers, hotel or rental records, travel records, and witness statements.
They may also look for evidence about who controlled money, housing, transportation, documents, or communication. Evidence of threats, pressure, deception, violence, or abuse of authority may also be relevant.
However, the existence of one piece of evidence does not automatically prove human trafficking. The Crown must still prove each legal element of the offence beyond a reasonable doubt.
What Should You Do If Police Contact You?
If police contact you about a human trafficking investigation, it is important not to make informal statements before speaking with a criminal defence lawyer.
You should ask whether you are under arrest or free to leave, ask to speak with a lawyer, and avoid answering questions before receiving legal advice. You should also avoid contacting the complainant or witnesses, and you should not delete messages, records, or documents.
Human trafficking investigations can involve serious bail conditions, no-contact orders, seizure of electronic devices, and related charges. Early legal advice is important because statements or actions taken at the beginning of an investigation may affect the rest of the case.
How Collett Read Can Help
Human trafficking charges are extremely serious. A conviction can result in a lengthy jail sentence, a criminal record, immigration consequences, employment issues, travel restrictions, and reputational harm.
At the same time, the Crown must still prove the offence beyond a reasonable doubt. A human trafficking charge does not automatically mean that the legal elements of trafficking have been established.
If you are charged with human trafficking, being investigated for trafficking-related allegations, or contacted by police about another person’s trafficking case, contact us today at 905-541-2228 or fill out our intake form for a free consultation.
