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Tech-Facilitated Violence – Criminal Case Law – Human Trafficking and Advertising Sexual Services

Home / Resources / Tech-Facilitated Violence – Criminal Case Law / Tech-Facilitated Violence: Criminal Case Law – Criminal Offences / Tech-Facilitated Violence – Criminal Case Law – Human Trafficking and Advertising Sexual Services

OFFENCE ELEMENTS - HUMAN TRAFFICKING AND ADVERTISING SEXUAL SERVICES OF ANOTHER PERSON

Trafficking in persons

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

Consent

(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

Trafficking of a person under the age of eighteen years

279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

Consent (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

OFFENCE ELEMENTS - HUMAN TRAFFICKING AND ADVERTISING SEXUAL SERVICES OF ANOTHER PERSON

Material benefit — trafficking

s 279.02 (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 

Material benefit — trafficking of person under 18 years

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years. 

Withholding or destroying documents — trafficking

s 279.03 (1) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Withholding or destroying documents — trafficking of person under 18 years

(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.

OFFENCE ELEMENTS - HUMAN TRAFFICKING AND ADVERTISING SEXUAL SERVICES OF ANOTHER PERSON

Procuring

286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1),[1] recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Procuring — person under 18 years

(2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2),[2] recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

Advertising sexual services

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months


[1] Obtaining sexual services for consideration
[2] Obtaining sexual services for consideration from person under 18 years

SELECTED CASE LAW

TABLE OF CONTENTS:

ALBERTA:
2014 ABPC 72

BRITISH COLUMBIA:
2015 BCSC 2055

NOVA SCOTIA:
2018 NSPC 10

ONTARIO:
2018 ONSC 3405
2018 ONSC 1389
2018 ONSC 1022
2018 ONSC 471
2017 ONSC 3174
2017 ONCJ 145
2017 ONCA 141
2017 ONCJ 22
2017 ONSC 377
2016 ONCJ 842
2016 ONSC 5915
2016 ONCJ 882
2016 ONSC 594
2016 ONCJ 694
2015 ONCA 558
2015 ONCJ 392
2015 ONSC 2463
2014 ONCJ 736
2014 ONCJ 542
2014 ONSC 990
2011 ONSC 195
[2008] OJ No 6022 (ONCJ)

QUEBEC:
2013 QCCA 46

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