Human Trafficking Lawyer Ottawa

Section 279.01(1) of the Criminal Code makes it an indictable offence for any person who recruits, transports, transfers, receives, holds, conceals, or harbours a person (or who exercises control, direction, or influence over the movements of a person) for the purpose of exploiting them or facilitating their exploitation.

The penalties under section 279.01 depend on what occurred during the commission of the offence:

• Life imprisonment and mandatory minimum 5 years: where the accused kidnapped the victim, committed an aggravated assault, committed an aggravated sexual assault, or caused death during the offence
• Maximum 14 years and mandatory minimum 4 years: in all other cases

A section 279.01 conviction results in a permanent criminal record. A discharge is not available. The mandatory minimums mean that even first-time offenders face a minimum of 4 years imprisonment upon conviction.

Section 279.011 applies the same conduct as s.279.01 but to victims under the age of 18. The mandatory minimum sentences are higher:

• Life imprisonment and mandatory minimum 6 years where kidnapping, aggravated assault, aggravated sexual assault, or death occurred
• Maximum 14 years and mandatory minimum 5 years in all other cases

A section 279.011 charge frequently arises in the context of domestic sex trafficking; a young person in a relationship with an accused who allegedly controlled their movements for sexual exploitation purposes.

Material Benefit

Section 279.02 makes it an indictable offence to receive a financial or other material benefit knowing it was obtained by or derived from trafficking in persons. This provision captures individuals who profit from another person's trafficking without directly participating in the recruitment, transport, or control of the victim.

The maximum penalty is 10 years; there is no mandatory minimum, and it can be prosecuted by summary conviction.

Withholding Identity

Section 279.03 makes it an offence to withhold, destroy, conceal, remove, or seize a person's identity documents for the purpose of committing or facilitating trafficking in persons. Withholding identity documents (confiscating a victim's passport or identification to prevent them from leaving) is specifically targeted by this provision.

The maximum penalty is 5 years.

Co-Accused Situations

Co-accused situations are common in trafficking prosecutions: multiple individuals may be charged at once based on their roles in a trafficking network. A driver, recruiter, and accommodation provider may each face different charges from the same investigation.

Human trafficking investigations in Canada are typically lengthy and involve extensive electronic surveillance: wiretap authorizations under Part VI of the Criminal Code, undercover operations, and coordinated police searches across multiple locations. The evidence gathered in these investigations is almost always the product of search warrants, production orders, and wire authorizations.

Charter motions and applications are the primary defence tool in trafficking cases. Where a wiretap authorization was granted without sufficient grounds, where a search warrant was executed improperly, or where the accused's right to counsel was violated upon arrest, the evidence gathered can be excluded.

In a trafficking case built on electronic surveillance, evidence exclusion can be case-dispositive.

Not every person charged with human trafficking is guilty. False allegations arise in domestic situations, in co-accused matters where one person points to another, and in cases where the relationship between the accused and the complainant is complex and was mischaracterized to police.

The Crown must prove every element of the trafficking offence beyond a reasonable doubt, including the accused's specific purpose and knowledge. Where the accused did not know the complainant was being exploited, or where their conduct did not in fact amount to control, direction, or influence over the complainant's movements, the trafficking charge may not be made out.

Human trafficking charges frequently result in detention at the bail hearing. The Crown often argues that release poses a danger to public safety or a risk of reoffending, and the accused may face a reverse onus where the burden falls on them to show why detention is not justified.

Understanding how bail works in Canada is essential for any accused person and their family at this stage.