SELECTED CASE LAW
ONTARIO:
In 2017 ONCA 141, Mr. S, a 33-year-old man, appealed his conviction and sentence. He had been convicted of human trafficking, receipt of material benefit from trafficking, withholding documents to facilitate trafficking, assault, uttering death threats, and breach of undertaking. For six months, Mr. S controlled Ms. C, a 19-year-old woman, through physical violence, threats of violence, taking away her cellphone and taking all the money she earned providing sexual services. He advertised her sexual services on the Backpage website and forced her to provide sexual services, even when she was sick.
Mr. S had a history of abusing women, a lack of accountability for his violence, victim blaming, and failing to comply with programming. He had a poor response to community supervision. Aggravating factors in his sentencing included his multiple violent offences against women and the judge’s determination that Mr. S posed “a serious threat to women for whom he seems to lack any respect.”[1] He was sentenced to 5 years of imprisonment, with ancillary orders including a weapons prohibition for life, a DNA order, and a no-contact order with the victim during the custodial period.
On appeal, his conviction was upheld, but the appeal of his sentence was allowed. The trial judge had miscalculated the amount of credit Mr. S should have received for his pre-sentence/pre-conviction custody.
Also see 2015 ONSC 7749 (Conviction); 2016 ONSC 2939 (Sentencing).
[1] 2015 ONCJ 494 at para 19.
Criminal Offence(s): Human Trafficking and Advertising Sexual Services