Human trafficking is a very serious criminal offence with very serious penalties.
1.Specific criminal laws against trafficking in persons in the Criminal Code
Three offences in the Criminal Code specifically address human trafficking. They prohibit:
- Trafficking in Persons (section 279.01) : which carries a maximum penalty of 14 years imprisonment. If, however, it involves kidnapping, aggravated assault, aggravated sexual assault, or death. The maximum penalty is life imprisonment.
- Receiving a Financial or Other Material Benefit for the purpose of committing or facilitating trafficking in persons (section 279.02) : punishable by a maximum of 10 years imprisonment; and,
- Withholding or Destroying a Person's Identity Documents (for example, a passport) for the purpose of committing or facilitating trafficking of that person (section 279.03) : carries a maximum penalty of five years imprisonment.
Trafficking in persons is about exploitation and does not necessarily involve movement. For the purpose of the trafficking offences, the Criminal Code states that a person exploits another person if they cause the victim to provide or labour or service for fear of their safety or the safety of someone known to them - (section 279.04) .
-
2. Other provisions in the Criminal Code which address TIP-related offences
Other Criminal Code offences can also be used by police and Crown prosecutors depending on the facts and circumstances of the case. They include:
-
3.A specific offence in the Immigration and Refugee Protection Act targeting cross-border trafficking
The Immigration and Refugee Protection Act (IRPA) prohibits knowingly organizing the coming into Canada of one or more persons by means of abduction, fraud, deception, or use or threat of force or coercion (section 118). The offence is punishable by a maximum penalty of life imprisonment and a fine of up to $1 million. The offence found in the IRPA is limited to transnational cases where a person is brought into Canada from somewhere else. The term "organize" includes recruitment, transportation, and after entry into Canada, receipt and harbouring. The main trafficking offence found in (section 279.01) of the Criminal Code applies to all forms of trafficking and exploitation is an essential element of the offence. Under the IRPA exploitation is considered an aggravating factor for sentencing purposes only. For this reason the application of the offence is limited.
