SELECTED CASE LAW
ONTARIO:
In 2017 ONSC 3174, Mr. D, a 32-year-old man, pleaded guilty to human trafficking, receiving a material benefit from human trafficking, kidnapping, assault, and the use firearm to commit an indictable offence. Ms. M, a 27-year-old woman, was living in a homeless shelter and had gotten lost. Mr. D approached her and offered her a ride to the shelter, during the ride they dis-cussed her working for Mr. D in exchange for shelter and drugs. Then they picked up Ms. M’s possessions from the shelter and went to Mr. D’s home where he lived with his mother. Mr. D’s friend Ms. K took sexualized photos of Ms. M and posted them on Backpage to offer her sexual services. These images included Ms. M’s face, despite their assurance they would not post photos of her face and calls were directed to Mr. D’s phone. Ms. M was encouraged to perform sex acts she did not want to do, was not provided the amount of drugs promised, and was not allowed to keep the money she earned. At one point, she took money from a client and ran away. Ms. M met with her boyfriend and posted another ad on Backpage to continue offer-ing sexual services under her own will. Mr. D found the ad and had a friend make an appointment with Ms. M. Mr. D and some other men attacked Ms. M and her boyfriend, severely injuring her boyfriend and forcing Ms. M to come with them to continue providing sexual services under Mr. D’s control. Mr. D made Ms. M give her Facebook passwords and he and Ms. K deleted her account so she could not contact anyone. The police found Ms. M’s boyfriend tied up and severely injured in the hotel and used Ms. M’s phone to track her location to find her.
Mr. D was found guilty and given an 8-year sentence, with ancillary orders including a lifetime weapons ban, a lifetime sexual offender registration, and a DNA order.
Also see: 2017 ONSC 7285 (Cetiorari application), 2017 ONSC 4028 (Conviction), 2017 ONSC 3141 (Search and seizure).
Criminal Offence(s): Human Trafficking and Advertising Sexual Services