Section 279.03 of the Criminal Code makes it an offence to hide, remove, retain, or destroy identity or travel documents when this conduct is carried out to facilitate or commit human trafficking..
This offence applies both to situations involving adults and to those involving persons under the age of eighteen, with significantly harsher penalties when a minor is involved.majeure que lorsqu’elle est
A person commits an offence if, for the purpose of facilitating or committing human trafficking under section 279.01(1), they hide, remove, retain, or destroy any travel document, or any document that establishes or purports to establish a person’s identity or immigration status, whether the document is genuine or not, and whether it is Canadian or foreign.cache, enlève, retient ou détruit
This offence is punishable either by indictment or by summary conviction.
A person commits an indictable offence if, for the purpose of facilitating or committing trafficking of a person under eighteen under section 279.011(1), they hide, remove, retain, or destroy any travel document or identity or immigration document, whether genuine or not, Canadian or foreign.cache, enlève, retient ou détruit
This offence carries mandatory minimum imprisonment.peines minimales obligatoires s’appliquent.
The following actions may constitute an offence under section 279.03, whether the victim is an adult or a minor:
Hiding a travel or identity document;
Removing such a document from the person;
Retaining or withholding the document;
Destroying the document.
To obtain a conviction under section 279.03, whether under subsection (1) or (2), the prosecution must prove beyond a reasonable doubt the following elements. les éléments suivants.
The accused must have engaged in at least one of the following acts:
A travel document or a document establishing, or purporting to establish, the victim’s identity or immigration status.
Only one of these acts is required to satisfy this element.l’un seul de ces gestes soit établi.
The prohibited conduct must have been carried out for the purpose of facilitating or committing:
It is not necessary for the trafficking offence itself to be completed.
It is sufficient that the retention or destruction of documents was intended to reinforce control, dependency, or exploitation.
The prosecution must prove that the accused subjectively intended to facilitate or commit:intentionnellement agi afin de :
Accidental possession, carelessness, or mere negligence is not enough. Intent may be inferred from the surrounding circumstances, including:
Only one of these acts is required to satisfy this element.
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An individual houses an adult woman and deliberately keeps her passport and work permit so that she cannot leave the premises or seek help. The documents are withheld to maintain dependency and facilitate a human trafficking operation.
Even without physical confinement, retaining identity documents for this purpose may constitute an offence under section 279.03(1).
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An individual recruits a foreign teenager and destroys her identity documents to prevent her from escaping or contacting authorities. This conduct is intended to facilitate the trafficking of a minor. Destroying a minor’s documents in this context constitutes an offence under section 279.03(2) and triggers mandatory minimum penalties.
Retention or Destruction of Documents is a serious indictable offence punishable by:
This is a hybrid offence:
imprisonment for up to five (5) years;
penalties available under summary procedure, including fines, probation, or imprisonment.
This is an indictable offence punishable by:
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