Kidnapping/Human Trafficking
Human trafficking charges can be laid against any person who recruits, transports,
receives, holds, conceals, transfers, or harbours another person. Charges may also be laid
on any person who exercises control, direction, or influence over the movements of
another person for the purposes of exploiting them for a sexual or forced labour reason,
or facilitates their exploitation for those reasons. Trafficking charges can include charges
for pimping or transporting women. Trafficking is common in the sex industry, but also
occurs in agricultural work or domestic work.
Human trafficking is an offence under the Criminal Code as well as the Immigration and
Refugee Protection Act, attracting mandatory minimum sentences (i.e. a sentence that
must be imposed upon conviction) under the Code with additional potential charges under
the Act.
What is Human Trafficking
The Criminal Code has a number of offences in relation to human trafficking.
The Criminal Code has a number of offences in relation to human trafficking.
Trafficking in Persons
Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person for the purpose of exploiting them or facilitating their exploitation is guilty of indictable offence.
Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person for the purpose of exploiting them or facilitating their exploitation is guilty of indictable offence.
Material Benefit from Trafficking
Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the Trafficking of persons is guilty of an offence.
Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the Trafficking of persons is guilty of an offence.
Withhold or Destroying Documents
Every person who, for the purpose of committing or facilitating the trafficking of persons, conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person's identity or immigration status"”whether or not the document is of Canadian origin or is authentic"”is guilty of an offence.
Every person who, for the purpose of committing or facilitating the trafficking of persons, conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person's identity or immigration status"”whether or not the document is of Canadian origin or is authentic"”is guilty of an offence.
Under 18
Each of the above offences has a more severe counterpart dealing with the trafficking of persons under 18.
Each of the above offences has a more severe counterpart dealing with the trafficking of persons under 18.
Secondary Offences
The offence of Trafficking in Persons carries more severe penalties where the offender kidnaps, commits an aggravated assault or aggravated sexual assault against, or cause death to the victim during the commission of the offence.
The offence of Trafficking in Persons carries more severe penalties where the offender kidnaps, commits an aggravated assault or aggravated sexual assault against, or cause death to the victim during the commission of the offence.
Exploitation
Under s. 297.04 of the Criminal Code a person exploits another person if they cause them to provide (or offer to provide) labour or services by engaging in conduct that, could reasonably be expected to cause the other person to believe that their safety (physical or psychological) or the safety of a person known to them would be threatened if they failed to provide (or offer to provide) the labour or service.
Under s. 297.04 of the Criminal Code a person exploits another person if they cause them to provide (or offer to provide) labour or services by engaging in conduct that, could reasonably be expected to cause the other person to believe that their safety (physical or psychological) or the safety of a person known to them would be threatened if they failed to provide (or offer to provide) the labour or service.
Human trafficking allegations can involve a wide range of criminal charges under
the Criminal Code:
- Trafficking in persons;
- Trafficking of a person under age of 18 (i.e.- minors);
- Receiving a financial or other material benefit the for purpose of committing or facilitating trafficking in persons (this includes pimping);
- Withholding or destroying a person’s identity documents for the purpose of committing or facilitating trafficking of that person (adult victim or child victim) (e.g.- taking someone’s driver’s license, passport, or other i.d. in order to keep them dependent on you)
These offences are intended to broadly capture a large number of individuals who may be
involved in trafficking of persons. For instance, charges can be brought against drivers
who are driving women, children, or men to and from appointments or work. As a result, a
wide range of individuals may be charged with human trafficking and related offences.
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