Material Benefit from Human Trafficking

Material Benefit from  Human Trafficking

Section 279.02 of the Criminal Code makes it an offence to knowingly obtain a material benefit, including a financial benefit, that is derived directly or indirectly from the commission of a human trafficking offence.tirent un avantage matériel, notamment financier, en sachant que cet avantage provient, directement ou indirectement, d’une activité de traite de personnes.

This offence applies both to:

Trafficking of adults under section 279.01; andtraite de personnes majeures (art. 279.01 C.cr.);
Trafficking of persons under the age of eighteen under section 279.011.traite de personnes âgées de moins de dix-huit ans (art. 279.011 C.cr.).

Material Benefit from Adult Human Trafficking

(section 279.02(1))

Anyone who obtains a material benefit, knowing that it results, directly or indirectly, from the offence of human trafficking involving an adult, is guilty of:en sachant qu’il découle directement ou indirectement de la traite de personnes, commet une infraction :

An indictable offence punishable by up to ten (10) years of imprisonment; acte criminel passible d’un emprisonnement maximal de dix (10) ans;
A summary conviction offenceinfraction punissable par procédure sommaire.

Material Benefit from Trafficking of a Person Under 18

(section 279.02(2))

Anyone who obtains a material benefit, knowing that it results, directly or indirectly, from the offence of trafficking a person under the age of eighteen, is guilty of an indictable offence punishable by:

Up to fourteen (14) years of imprisonment, with a mandatory minimum sentence of two (2) years.
with a mandatory minimum sentence of two (2) years.

Prohibited Conduct

This offence criminalizes the act of benefiting from human trafficking, even if the person did not personally recruit, transport, control, or exploit the victim. The offence applies where a person:

Financial or Material Benefit

Benefits financially or materially from human trafficking;

Knowledge of Exploitation

Knows that the benefit comes from the exploitation of a trafficked person;

Direct or Indirect Receipt

Receives the benefit either directly or through an intermediary.sachant que cet avantage découle d’une infraction de traite de personnes.

The accused does not need to have participated in the trafficking itself. Knowing receipt of the benefit is sufficient.sache que l’avantage matériel est lié à une activité de traite.

Essential Elements of the Offence

To obtain a conviction for material benefit from human trafficking, the prosecution must prove beyond a reasonable doubt each of the following elements.hors de tout doute raisonnable chacun des éléments suivants.

Existence of a Material Benefit

The accused must have obtained or benefited from a material advantage, which may include:avantage concret, qui peut prendre plusieurs formes, notamment :

money or profits;
property or assets;
services, housing, or other tangible benefits.

The benefit may be received directly or indirectly, and it may come from transactions involving third parties.directement ou indirectement, y compris par l’entremise d’un tiers.

Knowledge of the Source of the Benefit

The accused must have known that the benefit was derived from:savait que l’avantage matériel provenait :

human trafficking under section 279.01; or
trafficking of a person under eighteen under section 279.011.

It is not enough that the benefit was received accidentally or unknowingly. However, knowledge can be inferred from the surrounding circumstances, including the nature of the relationship, the flow of money, or deliberate blindness.

Connection to Human Trafficking

There must be a direct or indirect link between the benefit and the trafficking offence.

directementDirect benefit: The money or property comes straight from the exploitation of the victim.
indirectementIndirect benefit: The advantage comes from a chain of profits or financial arrangements connected to the exploitation.

The law is designed to capture those who profit from trafficking, even if they operate in the background.

Pratical Example

Example – Section 279.02(1) (Adult Trafficking)

An individual knows that their partner is exploiting an adult woman through a human trafficking operation. Although the individual does not recruit the victim or control her movements, they regularly receive a share of the money generated by the victim’s services and use it to cover personal expenses. Even without direct involvement in the trafficking itself, knowingly receiving this money may constitute the offence of obtaining a material benefit from human trafficking.

Example – Section 279.02(2) (Trafficking of a Minor)

A property owner rents an apartment to a person they know is exploiting a minor through human trafficking. In exchange for rent well above market value, the landlord deliberately ignores the exploitation and accepts money generated from that activity to pay the rent. This conduct may constitute the offence of obtaining a material benefit from the trafficking of a person under eighteen.

Possible Sentences

Taking Material Benefit from Human Trafficking is a serious indictable offence punishable by:

Material benefit from adult human trafficking  (s. 279.02(1))

This is a hybrid offence:

indictable offence punishable by up to ten (10) years of imprisonment; oremprisonnement maximal de dix (10) ans;
summary conviction offence, with penalties that may include fines, probation, or imprisonment.

Material benefit from trafficking of a person under eighteen (s. 279.02(2))

This is an indictable offence punishable by:

up to fourteen (14) years of imprisonment, with a mandatory minimum sentence of two (2) years.emprisonnement maximal de quatorze (14) ans,
with a mandatory minimum sentence of two (2) years.

Courts treat these offences seriously, as they target individuals who profit from the exploitation of vulnerable persons, even when they are not directly involved in the trafficking operation.

Material Benefit from  Human Trafficking