2017 ONCJ 22

In 2017 ONCJ 22, a couple, Mr. F, a 21-year-old man, and Ms. R, forced a 14-year-old girl, Ms. D, to offer sexual services over a one-week period. The couple controlled her movements, the types of services she provided, and means of contact, but did not use violence or threats of violence to control her. They posted an online ad of Ms. D with nude photos of the girl claiming she was 19 years old. She tried to leave with her boyfriend but he was threatened and Ms. D was not allowed to leave. Ms. R took her cellphone and told her she couldn’t contact anyone. Mr. F pleaded guilty to trafficking a minor, but also argued that the minimum sentence for this offence was unconstitutional. The court held that it could have given a sentence lower than the minimum five years, but not one so low that it would be considered unconstitutional. The judge sentenced him to four years of incarceration, with ancillary orders including a DNA order, a 10 years weapons prohibition, and a 20 year registration as a sex offender, stating: “As a judge of the Ontario Court of Justice, I have no jurisdiction to declare the mandatory minimum sentence un-constitutional under section 52 of the Constitution Act , but, having found the law unconstitutional I need not apply the minimum sentence.”[1]

[1] 2017 ONCJ 22 at para 93.


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