SELECTED CASE LAW 

ONTARIO:

2016 ONCJ 842

In 2016 ONCJ 842, the complainant was a university student who left school to provide sexual services for money. She allegedly received a text from an old friend who convinced her to come to a different city to work with her and her boyfriend, Mr. M. Mr. M, who the complainant believed to be in charge of the operation, kept all of her money and posted advertisements of her sexual services on Backpage. Mr. M was charged with human trafficking and sexual exploitation offences, as well as sexual assault and possession of stolen property. The sexual assault charge was dismissed. There were significant inconsistencies, gaps in memory and a mocking tone in the complainant’s testimony which impacted the complainant’s credibility. The accused was acquitted of the human trafficking and sexual exploitation charges because there was not enough evidence to prove beyond a reasonable she had been controlled or exploited. There was also a lack of evidence that Mr. M had posted the advertisement on Backpage, sexually assaulted her, or was in possession of money that belonged to the complainant. The accused was found guilty of possessing stolen property, the complainant’s cellphone.

In an admissibility ruling, the court concluded that a PDF book from Mr. M’s laptop entitled, “Pimpology – The 48 Laws of the Game” was admissible.

Also see: 2016 ONCJ 843 (Admissibility ruling); 2016 ONCJ 842 (trial).

Criminal Offence(s): Human Trafficking and Advertising Sexual Services, Sexual Assault