SELECTED CASE LAW
ONTARIO:
In 2014 ONCJ 542, the judge stated that this was “essentially a ‘he said/she said’ trial.”[1] Ms. K alleged that she began providing sexual services for money and Mr. S was controlling her and taking the money that she was paid for those services. She testified that there was a power imbalance between the two of them and she was afraid of him. Many of her statements were inconsistent about how and why she began providing sexual services for money, however, there was some evidence that Mr. S was involved in the decision making about the services she provided, influenced some of her movements, and regularly physically assaulted her. Ms. K’s sexual services were advertised on a sexual services website, Backpage. Ms. K also testified that she used social media to fraudulently convince people to send her money, typically by under a false identity pretending to be interested in being in a romantic relationship and asking for money to come and visit the other person, which impacted her credibility. Mr. S alleged that he was not aware she was providing sexual services for money until he saw her Backpage ad on his phone after Ms. K failed to properly log out of his phone. He admits to sending photos of Ms. K offering her sexual service for money to Ms. K’s mother. The court held that it was not proven beyond a reasonable doubt that Mr. S trafficked Ms. K as there was not enough evidence to demonstrate that Mr. S had exploited Ms. K and acquitted him on those charges, but the court did find Mr. S guilty of breaches of recognizance and assaults against Ms. K.
Also see 2011 ONSC 3654 (Charter rights).
[1] 2014 ONCJ 542 at para 2.
Criminal Offence(s): Human Trafficking and Advertising Sexual Services