Human trafficking is a serious crime that involves the exploitation of individuals for forced labour or sexual exploitation. In Canada, it is a complex legal issue with severe penalties. If you find yourself facing human trafficking charges, it is crucial to seek immediate legal counsel from a qualified criminal defence lawyer.
This blog post will provide a general overview of human trafficking in Canadian criminal law. However, it is important to note that this information does not constitute legal advice. For a comprehensive understanding of your specific situation, contacting a qualified criminal defence lawyer is essential.
What Constitutes Human Trafficking in Canada?
Under Canadian law, human trafficking is defined as the recruitment, transportation, transfer, harbouring, or receipt of persons, by means of threat, use of force, coercion, abduction, fraud, deception, abuse of power, or vulnerability, for the purpose of exploitation. A key element in human trafficking is the exercise of control, direction, or influence over the victim’s movements. This control can be physical, psychological, or financial.
Key Elements of Human Trafficking
- Recruitment, Transportation, or Harbouring: This involves enticing, transporting, providing shelter, or receiving individuals for the purpose of exploitation.
- Means of Control: The perpetrator must use various methods to control the victim, including physical force, threats, coercion, deception, or abuse of power or vulnerability.
- Purpose of Exploitation: The ultimate goal of the trafficker is to exploit the victim for forced labour, sexual exploitation, or organ harvesting.
To be considered human trafficking, all three elements must be present.
Types of Human Trafficking Charges in Canada
The Criminal Code of Canada outlines a comprehensive framework for addressing human trafficking, a complex crime that involves the exploitation of individuals for forced labour or sexual exploitation. Several specific offences are defined within this framework, each carrying distinct penalties.
Trafficking in Persons:
This general offence encompasses a broad range of activities related to human trafficking. It includes the recruitment, transportation, transfer, harbouring, or receipt of individuals for the purpose of exploitation. The exploitation may involve forced labour, sexual exploitation, or organ harvesting. A conviction for this offence can result in a maximum sentence of life imprisonment.
Trafficking of a Person Under 18:
This offence specifically targets the exploitation of minors, recognizing the heightened vulnerability of young individuals. It carries a minimum sentence of 14 years imprisonment, reflecting the severe nature of such crimes.
Material Benefit from Trafficking in Persons:
This charge applies to individuals who knowingly benefit financially or materially from human trafficking activities. It can involve receiving money, goods, or other benefits as a result of the exploitation of others.
Withholding or Destroying Identity Documents:
This offence involves the deliberate act of taking away a person’s identification documents, such as passports or driver’s licenses. By depriving individuals of their identification, traffickers can exert control over their victims, limit their ability to seek help, and hinder their escape from exploitation.
It is essential to note that these are just a few examples of human trafficking charges. The specific charges and potential penalties can vary depending on the unique circumstances of each case. If you are facing human trafficking charges, it is crucial to seek legal advice from a qualified criminal defence lawyer to understand your rights and potential defences.
Potential Defences Against Human Trafficking Charges
Human trafficking cases are inherently complex, with a variety of factors influencing the legal proceedings. There are various defences a lawyer may explore on your behalf to challenge the allegations and protect your rights. Some potential defences that may be applicable include:
Mistake of Fact:
A mistake of fact defence may be raised if you genuinely believed that your actions were lawful or did not constitute human trafficking. This defence requires demonstrating that you acted under a mistaken belief and that the mistake was reasonable under the circumstances.
Duress:
Duress occurs when an individual is compelled to commit a crime under the threat of imminent harm or death. If you can prove that you were coerced into participating in human trafficking activities due to threats or violence, this defence may be applicable.
Entrapment:
Entrapment occurs when law enforcement officers induce an individual to commit a crime that they would not have otherwise committed. If you can demonstrate that law enforcement officers used improper tactics to persuade you to engage in human trafficking, this defence may be considered.
Consent (Limited Defence):
In very specific circumstances, consent may be a defence to certain human trafficking charges. However, it’s important to note that consent must be genuine, informed, and free from coercion. This defence is typically limited to cases involving adult sex work, where consent is freely given and there is no evidence of exploitation or coercion.
Lack of Evidence:
The prosecution bears the burden of proof in a criminal case. They must prove beyond a reasonable doubt that you committed the alleged offence. If the Crown fails to present sufficient evidence to establish the essential elements of the crime, a defence of insufficient evidence may be raised.
The Importance of a Strong Defence Against Human Trafficking Charges
A conviction for human trafficking can have severe and long-lasting consequences. The potential penalties are significant and can include:
Lengthy Prison Sentences:
Certain human trafficking offences carry mandatory minimum sentences, which can significantly impact your freedom and ability to maintain relationships with loved ones. These sentences can range from several years to life imprisonment, depending on the specific charges and circumstances of the case. The impact of a lengthy prison sentence extends beyond the individual, affecting their family, friends, and community.
Lifetime Criminal Record:
A criminal conviction for human trafficking can have a profound impact on your life, limiting your employment opportunities, travel options, and housing choices. Employers may be hesitant to hire individuals with a criminal record, and landlords may be reluctant to rent to them. Additionally, a criminal record can make it difficult to obtain professional licenses or certifications. The stigma associated with a criminal record can also make it challenging to reintegrate into society after serving a prison sentence.
Social Stigma:
A conviction for human trafficking can lead to public shame, social isolation, and damage to your reputation. You may face discrimination and prejudice from family, friends, and community members. This stigma can be particularly harmful for individuals who are already marginalized or vulnerable. The impact of social stigma can extend beyond the individual, affecting their family and friends as well.
To mitigate these risks, it is crucial to have a strong defence strategy. A skilled criminal defence lawyer can help you navigate the complex legal system and protect your rights. By building a robust defence, you can increase your chances of a favourable outcome and minimize the potential consequences of a conviction.
The Role of a Criminal Defence Lawyer in Human Trafficking Cases
A skilled criminal defence lawyer can play a crucial role in defending against human trafficking charges. Here’s how your lawyer can help:
Thorough Case Analysis:
Your lawyer will meticulously review the evidence presented by the Crown, identifying potential weaknesses, inconsistencies, and legal errors. This analysis will form the foundation of your defence strategy.
In-Depth Investigation:
Your lawyer may conduct independent investigations to gather additional evidence that supports your defence. This may involve interviewing witnesses, reviewing documents, or hiring expert witnesses.
Strategic Negotiation:
Your lawyer can negotiate with the Crown to explore potential plea deals, charge reductions, or alternative sentencing options. This may involve discussing rehabilitation programs, community service, or other measures to mitigate the potential consequences of a conviction.
Effective Court Representation:
If the case proceeds to trial, your lawyer will represent you in court, ensuring that your rights are protected throughout the legal process. This includes cross-examining witnesses, presenting evidence, and arguing legal points to persuade the judge or jury.
By enlisting the expertise of a skilled criminal defence lawyer, you can increase your chances of a favourable outcome and protect your rights.
Contact Barrison Law for Trusted Legal Advice on Criminal Defence Matters
Human trafficking is a serious crime that can have devastating consequences for both victims and offenders. Visit the website stopHT.com to learn more about human trafficking in Ontario. If you have been accused of human trafficking, it is important to seek legal advice immediately.
If you have been charged with human trafficking or a related charge or have any questions regarding your legal rights, please contact the experienced criminal lawyers at Barrison Law online or at 905-404-1947. We have a 24-hour phone service for your convenience. We are available when you need us most.