Under section 279.01(1) of the Criminal Code, a person commits the offence of human trafficking when they recruit, transport, transfer, receive, hold, conceal, or harbour another person, or when they exercise control, direction, or influence over that person’s movements, for the purpose of exploiting them or facilitating their exploitation.
The offence is punishable by indictment:
Consent by the victim to the acts leading to the charge is not legally valid.
Human trafficking covers a broad range of conduct. Prohibited acts include, among others:
Recruiting a person;
Transporting, transferring, or receiving a person
Holding, concealing, or harbouring a person;
Exercising control, direction, or influence over a person’s movements.
Only one of these acts needs to be proven. They are alternatives, not cumulative requirements.
To secure a conviction for human trafficking, the prosecution must prove each of the following elements beyond a reasonable doubt.
The accused must have committed at least one of the acts listed in section 279.01, such as recruiting, harbouring, or exercising control or influence over another person. The offence captures a wide range of conduct. Proof of any single prohibited act is sufficient.
Courts have confirmed that the wording “control, direction, or influence” is disjunctive, meaning that the offence can be established if only one of these forms of power over the victim’s movements is proven.
The prosecution must show that the accused actually exercised power over the victim’s movements.
It is not enough that the accused could have exercised control or influence. The evidence must show that this power was actively used.
Control does not need to be complete or constant. Partial or intermittent control may still satisfy this element.
The prohibited conduct must have been committed with the intention of exploiting the victim or facilitating their exploitation.
It is not necessary for the exploitation to have actually occurred. The offence focuses on the accused’s purpose or objective, which may be inferred from the surrounding circumstances.
The intent to exploit is the central element of the offence.
Section 279.04 of the Criminal Code defines exploitation.
A person is exploited when the accused engages in conduct such as violence, threats, deception, or psychological pressure that causes the victim to provide, or offer to provide, labour or services, and when it is reasonable to expect that this conduct would make the victim believe that refusing would endanger their safety.
“Safety” includes:
This assessment is made objectively, taking into account the context and the victim’s vulnerabilities.
The prosecution must prove that the accused subjectively intended to exploit the victim or to facilitate their exploitation.
The accused does not need to have intended that exploitation actually succeed. This intent may be reasonably inferred from all the evidence, including patterns of behaviour, communications, and the surrounding circumstances.
Under section 279.01(2), the victim’s consent to the acts giving rise to the charge is not a valid defence.
Even where a victim appears to agree to certain arrangements, the law recognizes that coercion, dependency, manipulation, or psychological pressure can remove any meaningful freedom of choice.
Section 279.01(3) creates a rebuttable presumption.
If a person who is not exploited lives with, or regularly associates with, an exploited person, this may be treated as proof that they exercised control, direction, or influence over the victim’s movements for the purpose of exploitation, unless evidence to the contrary is presented.
A person recruits a vulnerable woman by promising stable housing and income. They provide her with accommodation, closely monitor her movements, and apply constant psychological pressure to ensure she provides services for the benefit of others.
Although the victim is not physically confined and may sometimes move freely, she believes that refusing would lead to serious consequences for her safety or well-being.
Even without constant physical violence or confinement, this type of conduct may constitute human trafficking, as it demonstrates real influence over the victim’s movements for the purpose of exploitation.
Human trafficking is a serious indictable offence punishable by:
With a mandatory minimum sentence of five (5) years, where the offence involves kidnapping, aggravated assault, aggravated sexual assault, or results in death;
With a mandatory minimum sentence of four (4) years, in all other cases.
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