SELECTED CASE LAW
In 2015 ONSC 4858, the Court assesses an application from the Crown arguing that the accused should not be released from custody, pending trial. 45 year old Mr. B faces seven charges, including sexual assault (s. 271), receiving a material benefit from the commission of human trafficking (s. 279.02(1)), recruiting a minor for the purpose of exploitation (s. 279.01(1), and advertising sexual services of another person (s. 286.4). The victim, a 19 year old female, was coerced to go to Toronto with the accused to act as an escort. The defendant placed her photo and advertisement on the internet and brought her to various hotel sites to meet with clients. The defendant rented rooms, kept the key to the room, and allegedly confined the victim to the room until her clients were finished for the day. Mr. B was very active on social media, having posted numerous Facebook and Instagram posts where he publicized the availability of sexual services that he can provide. The Crown also tenders text messages between Mr. B and a former girlfriend discussing the recruitment of the victim as a sex worker.
The Court ultimately decides that the Crown has a strong enough case to warrant his remand to pre-trial custody, pending a trial. The Court notes that he is liable for a lengthy term of imprisonment on these charges and does not find it suitable to release him. The vulnerability of the female victim is discussed as an aggravating factor.
Criminal Offence(s): Human Trafficking and Advertising Sexual Services