Trafficking in Persons (Sentencing Cases)

This page was last substantively updated or reviewed October 2023. (Rev. # 92032)

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Offence Wording

Trafficking in Persons

Trafficking in persons

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

Consent

(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) [trafficking in persons] is valid.

Presumption

(3) For the purposes of subsections (1) [trafficking in persons] and 279.011(1) [trafficking in persons, under 18], evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.

2005, c. 43, s. 3; 2014, c. 25, s. 18; 2015, c. 16, s. 1.

– CCC (CanLII), (DOJ)

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Trafficking in Young Persons

Trafficking of a person under the age of eighteen years

279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

Consent

(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) [trafficking in persons, under 18] is valid.
2010, c. 3, s. 2.

– CCC (CanLII), (DOJ)

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Material Benefit

Material benefit — trafficking

279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1) [trafficking in persons], is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction.

Material benefit — trafficking of person under 18 years

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1) [trafficking in persons, under 18], is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

2005, c. 43, s. 3; 2010, c. 3, s. 3; 2014, c. 25, s. 19; 2019, c. 25, s. 104.

– CCC (CanLII), (DOJ)

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Withholding or Destroying Documents

Withholding or destroying documents — trafficking

279.03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) [trafficking in persons], conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

Withholding or destroying documents — trafficking of person under 18 years

(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1) [trafficking in persons, under 18], conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.

2005, c. 43, s. 3; 2010, c. 3, s. 3; 2014, c. 25, s. 19; 2019, c. 25, s. 105.

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2023
R v Greaves, 2023 ONSC 5474 (CanLII), per Charney J	ON	SC	8 years	Find summaries of case.
2018
R v AE, 2018 ONSC 471 (CanLII), per Boswell J	ON	SC	10 years imprisonment	Find summaries of case.
R v Alexis-McLymont and Elgin and Hird, 2018 CanLII 8524 (ONSC), per Leach J	ON	SC	6 years imprisonment (global, Alexis-McLymont) 9 years imprisonment (global, Hird)	Elgin and Hird were convicted of human trafficking offences relating to persons under 18, sexual interference, sexual assault and unlawful confinement. Alexis-McLymont was convicted of human trafficking offences relating to persons under 18. Find summaries of case.
2017
R v NA, 2017 ONCJ 665 (CanLII), per Monahan J	ON	PC		Find summaries of case.
R v DA, 2017 ONSC 3722 (CanLII), per André J	ON	SC		"where the complainant entered into an agreement with the offender whereby he would be her “protector” while she engaged in prostitution. They were to split her earnings 50/50. The offender introduced another male to the arrangement, however, and together the males kept all of her money. They assaulted her on at least two occasions and exploited her over a 90 day period. Andre J. held that the appropriate range of sentence was three to four years. He split the difference and imposed a sentence of three and one half years;" (Quoting from R v AE, 2018 ONSC 471 (CanLII)), at para 64 Find summaries of case.
R v Campbell, 2017 ONSC 26 (CanLII), per McWatt J	ON	SC	45 months imprisonment (global)	"where the offender exploited a minor female over two and a half days. The complainant was engaged in prostitution in Barrie. The offender invited her to come work for him in Toronto where she could make more money. He and another male controlled her movements for over two days and kept all her money. She was threatened with being sold to another criminal or thrown off a balcony. The complainant eventually implored a client to call the police on her behalf, which ended her exploitation. The offender was found to have an unloaded semi-automatic machine pistol in a storage locker. McWatt J. imposed a sentence of 21 months for human trafficking and two years, consecutive, for possession of the firearm, for a global sentence of forty-five months." (Quoting from R v AE, 2018 ONSC 471 (CanLII)), at para 64 Find summaries of case.
R v Deiaco, 2017 ONSC 3174 (CanLII), per Kelly J	ON	SC	8 years imprisonment (global)	The offender plead guilty to trafficking in persons related offences, kidnapping and unlawful confinement, assault causing bodily harm, and use of an imitation weapon. The main victim travelled to Toronto to enter a drug rehabilitation facility. She met the accused who connected her with a source of drugs in exchange for sex and prostitution. She escaped and then was found again by the accused and his associates where she and her boyfriend were badly assaulted. The offender was 32 years old with a long criminal history. see case summary at 2018 CanLII 8524 Find summaries of case.
R v NJ, 2017 ONSC 3995 (CanLII), per Hill J	ON	SC	5 years imprisonment	The offender plead guilty to assault x 2 and procuring under s. 212(1)(h) x 4. Find summaries of case.
R v RS, 2017 ONCA 141 (CanLII), per curiam	ON	CA	5 years imprisonment	Appeal from 2016 ONSC 2939 (CanLII), per Aitken J Find summaries of case.
R v Finestone, 2017 ONCJ 22 (CanLII), per Greene J	ON	PC	4 years imprisonment	The offender was convicted of trafficking persons under the age of 18 years. The victim was 16 years old at the time. The Court finds the mandatory minimum of 5 years to be cruel and unusual punishment. Find summaries of case.
2016
R v S, 2016 ONSC 2939 (CanLII), [2016] O.J. No. 2411 (S.C.), per Aitken J	ON	SC	5 years imprisonment (trafficking) 3 years imprisonment (benefits) 6 months imprisonment Withholding documents 1 year imprisonment (assault) 6 months imprisonment (threats) 6 months imprisonment (breach)	"a 33 year old man was convicted after trial of human trafficking over a period of 4 months when he directed the 19 year old victim to provide sexual services to men and to provide him with all of her money. He had not introduced her to prostitution, she had some imput into her working conditions and she was never physically restrained from leaving, although the defendant controlled her through threats, physical violence and emotional manipulation. The defendant had a lengthy criminal record with 30 convictions including domestic assaults and breaches of court orders. He had minimal insight into his actions and expressed no accountability for them. The defendant was sentenced to 5 years in jail." (Quoting from R v Campbell, 2017 ONSC 26 (CanLII)), at para 73 Find summaries of case.
2015
R v Moazami, 2015 BCSC 2055 (CanLII), per Bruce J	BC	SC	23 years imprisonment	The offender was convicted of living off the avails of prostitution. Find summaries of case.
2014
R v Byron, 2014 ONSC 990 (CanLII), per Warkentin J	ON	SC	6 years imprisonment	procuring, living off avails and aiding person under age of 18 to engage in prostitution as well as human trafficking. Find summaries of case.
2013
R v McPherson, 2013 ONSC 1635 (CanLII), per Baltman J	ON	SC	4 years imprisonment	The offender was convicted of living off the avails under s. 212. Find summaries of case.
2009
R v Wallace, 2009 ABCA 300 (CanLII), per curiam	AB	CA	3 years imprisonment	Find summaries of case.
2008
R v Mfizi, 2008 CanLII 29779 (ONSC), [2008] O.J. No. 2430 (Sup. Ct.), per Thorburn J	ON	SC	8 years imprisonment	The offender procured a 17 year old female to work as a prostitute. She worked for him for about 3 months. He assaulted her on multiple occasions. Find summaries of case.
2004
R v Bennett, [2004] O.J. No. 1146 (CA)(*no CanLII links)	ON	CA	4.5 years imprisonment	The offender compelled three underage females to enter into prostitution.
1997
R v Tang, 1997 ABCA 174 (CanLII), per curiam	AB	CA		Find summaries of case.

Unpublished

• R v RAW - 4 years - trafficked underage female - Justice Brothers

See Also

• Procuring and Living on the Avails of Prostitution (Sentencing Cases)