Human trafficking Laws in Canada

Section 118 of the IRPA makes it a criminal offence to engage in human trafficking. People can be charged if they organize, recruit or transport people into Canada for exploitative purposes. Those convicted of human trafficking under the IRPA can be fined up to $1 million, sentenced to life imprisonment, or both. 

Aggravating factors the court will consider include whether:

• injury or death occurred, or the life or safety of any person was endangered;
• the commission of the offence was for the benefit of, or at the direction of a criminal organization;
• if any profit was realized; and
• if a person was subjected to humiliating or degrading treatment, including sexual exploitation.

The Criminal Code contains six offences that deal with human trafficking. They include kidnapping, forcible confinement, sexual assault and sex trade-related offences. You can be charged with other related offences, depending on the facts and circumstances of the case. The six specific offences are:

Trafficking in Persons

Section 279.01 makes it a crime to recruit, transport or harbour a person or exercise control over their movements to exploit them or facilitate their exploitation by someone else. Exploitation is defined as forcing someone to provide labour or services by threatening their safety or the safety of someone else. Conviction carries a maximum penalty of life imprisonment and a mandatory minimum penalty of five years where the offence involves kidnapping, aggravated assault, aggravated sexual assault and/or death. There is a maximum penalty of 14 years and a mandatory minimum penalty of four years in all other cases.

Trafficking of a person Under 18

Section 279.011 criminalizes the same conduct as the above offence but imposes higher mandatory minimum penalties where the victim is under 18. The maximum penalty is life imprisonment, and the mandatory minimum penalty is six years if the offence involves kidnapping, aggravated assault, aggravated sexual assault or death. It carries a maximum penalty of 14 years and a mandatory minimum penalty of five years in all other cases.

Receiving a Financial or Material Benefit - Adult Victim

Subsection 279.02 (1) makes it a crime to receive financial or other material benefits from human trafficking. Conviction carries a maximum penalty of 10 years imprisonment if prosecuted by indictment and two years less a day on summary conviction.

Receiving a Financial or Other Material Benefit - Child Victim

Subsection 279.02 (2) criminalizes the same conduct as the above offence but imposes a higher maximum penalty and a mandatory minimum penalty where the victim is under 18 years. There is a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of two years.

Withholding or Destroying Documents - Adult Victim

Subsection 279.03 (1) makes it a crime to withhold or destroy a person's identity documents, regardless of whether they are authentic or forged, for the purposes of human trafficking. A conviction results in a maximum penalty of five years imprisonment if prosecuted by indictment and two years less a day on summary conviction.

Withholding or Destroying a Person's Identity Documents - Child Victim

Subsection 279.03 (2)  criminalizes the same conduct as the above offences but imposes a higher maximum penalty and a mandatory minimum penalty where the victim is under 18 years. There is a maximum penalty of 10 years imprisonment and a mandatory minimum penalty of one year.