Victims of Human Trafficking (4:VIII) - Revision history

LSLAP at 18:57, 13 October 2025

2025-10-13T18:57:51Z

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LSLAP at 21:42, 17 September 2025

2025-09-17T21:42:49Z

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LSLAP at 01:40, 26 August 2024

2024-08-26T01:40:02Z

Clicklaw Editor at 18:25, 8 August 2023

2023-08-08T18:25:02Z

← Older revision		Revision as of 18:25, 8 August 2023
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	For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html Temporary Resident Permits webpage]		For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html Temporary Resident Permits webpage]

	==~~= 3~~. Resources ===		== B. Resources ==

	For information on the signs that a person may have been trafficked; services available to victims of human trafficking, including legal services, health care, shelter, interpretation, and counselling; and links to resources, see [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking Human Trafficking in BC - gov.bc.ca]		For information on the signs that a person may have been trafficked; services available to victims of human trafficking, including legal services, health care, shelter, interpretation, and counselling; and links to resources, see [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking Human Trafficking in BC - gov.bc.ca]
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	[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking '''The Office to Combat Trafficking in Persons (OCTIP)''']		[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/human-trafficking '''The Office to Combat Trafficking in Persons (OCTIP)''']
	* OCTIP joins forces with key provincial ministries, federal departments, municipal governments, law enforcement agencies, community based and aboriginal organizations, in the development and delivery of an integrated and permanent response to human trafficking in B.C.		* OCTIP joins forces with key provincial ministries, federal departments, municipal governments, law enforcement agencies, community based and aboriginal organizations, in the development and delivery of an integrated and permanent response to human trafficking in B.C.



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LSLAP at 22:49, 3 August 2023

2023-08-03T22:49:19Z

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Clicklaw Editor: /* 1. Legislation */

2022-12-06T23:04:14Z

1. Legislation

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	Exploitation is defined in s 279.04(1) of the ''Criminal Code'' in the following terms:		Exploitation is defined in s 279.04(1) of the ''Criminal Code'' in the following terms:

	“a person exploits another person if they cause them to provide, or offer to provide labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service”.		:“a person exploits another person if they cause them to provide, or offer to provide labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service”.

	In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)).		In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)).

Clicklaw Editor at 23:01, 6 December 2022

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	The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).		The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).

	==== a. BC’s First Human Trafficking Conviction under ''IRPA'' ====		==== a) BC’s First Human Trafficking Conviction under ''IRPA'' ====

	[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc1883/2013bcsc1883.html?autocompleteStr=R%20v%20%20Orr%202013&autocompletePos=1 ''R v Orr'', 2013 BCSC 1883], was the first conviction for human trafficking under ''IRPA'' in Canada. In that case, a jury found Mr. Orr guilty of the following:		[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc1883/2013bcsc1883.html?autocompleteStr=R%20v%20%20Orr%202013&autocompletePos=1 ''R v Orr'', 2013 BCSC 1883], was the first conviction for human trafficking under ''IRPA'' in Canada. In that case, a jury found Mr. Orr guilty of the following:
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	At trial, Mr. Orr received a global sentence of 18 months of jail. In 2015, however, the case was successfully appealed. In [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca88/2015bcca88.html ''R v Orr'', 2015 BCCA 88], the Court of Appeal for British Columbia set the convictions aside and sent the matter back for trial. The court found certain expert evidence should not have been admitted, as the expert’s qualifications were not properly tested. A new trial was held in June 2016 ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2064/2016bcsc2064.html ''R v Orr'', 2016 BCSC 2064]). He was ultimately acquitted for human trafficking and providing false information to the Consulate General of Canada but was convicted of employing an unauthorized foreign national.		At trial, Mr. Orr received a global sentence of 18 months of jail. In 2015, however, the case was successfully appealed. In [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca88/2015bcca88.html ''R v Orr'', 2015 BCCA 88], the Court of Appeal for British Columbia set the convictions aside and sent the matter back for trial. The court found certain expert evidence should not have been admitted, as the expert’s qualifications were not properly tested. A new trial was held in June 2016 ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2064/2016bcsc2064.html ''R v Orr'', 2016 BCSC 2064]). He was ultimately acquitted for human trafficking and providing false information to the Consulate General of Canada but was convicted of employing an unauthorized foreign national.

	==== b. Bill C-36 and Human Trafficking ====		==== b) Bill C-36 and Human Trafficking ====

	In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling [https://www.canlii.org/en/ca/scc/doc/2013/2013scc72/2013scc72.html?autocompleteStr=Canada%20(Attorney%20General)%20v%20Bedford%20%5BBedford%5D%2C%202013%20SCC%2072&autocompletePos=1 ''Canada (Attorney General) v Bedford'' [''Bedford''<nowiki>]</nowiki>, 2013 SCC 72]. In ''Bedford'', the Supreme Court of Canada found certain prostitution-related offences to be unconstitutional. The ''PCEPA'' posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in ''Bedford'' by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the ''PCEPA'' has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See [http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf “Bill C-36, ''Protection of Communities and Exploited Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014]).		In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling [https://www.canlii.org/en/ca/scc/doc/2013/2013scc72/2013scc72.html?autocompleteStr=Canada%20(Attorney%20General)%20v%20Bedford%20%5BBedford%5D%2C%202013%20SCC%2072&autocompletePos=1 ''Canada (Attorney General) v Bedford'' [''Bedford''<nowiki>]</nowiki>, 2013 SCC 72]. In ''Bedford'', the Supreme Court of Canada found certain prostitution-related offences to be unconstitutional. The ''PCEPA'' posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in ''Bedford'' by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the ''PCEPA'' has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See [http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf “Bill C-36, ''Protection of Communities and Exploited Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014]).
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	Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].		Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].



	=== 2. Temporary Resident Permit for Victims of Human Trafficking ===		=== 2. Temporary Resident Permit for Victims of Human Trafficking ===

Clicklaw Editor at 21:39, 6 December 2022

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	For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100.		For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100.



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 Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].

Desy Wahyuni at 03:14, 3 November 2021

2021-11-03T03:14:22Z

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	Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human trafficking are deprived of their basic rights to freedom and movement. Thus, human trafficking is often described as modern day slavery. Each case of human trafficking varies, and subsequently differs for each individual person.		Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human trafficking are deprived of their basic rights to freedom and movement. Thus, human trafficking is often described as modern day slavery. Each case of human trafficking varies, and subsequently differs for each individual person.

	The publication [http://www.unodc.org/documents/human-trafficking/HT_indicators_E_LOWRES.pdf Human Trafficking Indicators] from the United Nations Office on Drugs and Crime provides a comprehensive list of indicators that a person may be trafficked.		The publication [http://www.unodc.org/documents/human-trafficking/HT_indicators_E_LOWRES.pdf Human Trafficking Indicators] from the United Nations Office on Drugs and Crime provides a comprehensive list of indicators that a person may be trafficked.

	Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward for a variety of reasons, including being fearful of their lives or having limited language skills.		Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward for a variety of reasons, including being fearful of their lives or having limited language skills.

	In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the '''Resources''' section below for more information on OCTIP.		In 2007, BC established the Office to Combat Trafficking in Persons (OCTIP). OCTIP is part of the Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General. OCTIP develops and coordinates strategies to address human trafficking within the province. OCTIP takes a human rights approach that focuses on the rights and needs of trafficked persons. This approach gives back control to the trafficked person by offering information, referrals, support and assistance, but allows the trafficked person to make decisions and choices for themselves. Law enforcement and Crown Counsel prosecute human trafficking cases in BC. See the '''Resources''' section below for more information on OCTIP.

	== A. Governing Legislation and Resources ==		== A. Governing Legislation and Resources ==
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	Human trafficking is an offence under both the ''Criminal Code'' (ss 279.01-279.04), and the ''Immigration and Refugee Protection Act'' [''IRPA''] (Part 3).		Human trafficking is an offence under both the ''Criminal Code'' (ss 279.01-279.04), and the ''Immigration and Refugee Protection Act'' [''IRPA''] (Part 3).

	Sections 279.01-279.04 of the ''Criminal Code'' make it an offence to:		Sections 279.01-279.04 of the ''Criminal Code'' make it an offence to:
	#Recruit, transport, transfer, receive, hold or hide a person, or exercise control, direction or influence over an adult or a minor’s movement for the purpose of exploiting or facilitating the exploitation of that person.		#Recruit, transport, transfer, receive, hold or hide a person, or exercise control, direction or influence over an adult or a minor’s movement for the purpose of exploiting or facilitating the exploitation of that person.
	#Benefit materially from human trafficking.		#Benefit materially from human trafficking.

	Exploitation is defined in s 279.04(1) of the ''Criminal Code'' in the following terms:		Exploitation is defined in s 279.04(1) of the ''Criminal Code'' in the following terms:

	:“a person exploits another person if they cause them to provide, or offer to provide labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service”.		:“a person exploits another person if they cause them to provide, or offer to provide labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service”.

	In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)). Because of the high stigma and severe penalties resulting from a conviction, the ''mens rea'' for human trafficking offences is subjective fault. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).		In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)). Because of the high stigma and severe penalties resulting from a conviction, the ''mens rea'' for human trafficking offences is subjective fault. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).

	Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:		Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:
	#Organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of ''IRPA'' (s 117(1)).		#Organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of ''IRPA'' (s 117(1)).
	#Knowingly organize the coming into Canada or one or more persons by means of abduction, fraud, deception or use of threat of force or coercion (s 118(1)).		#Knowingly organize the coming into Canada or one or more persons by means of abduction, fraud, deception or use of threat of force or coercion (s 118(1)).

	The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).		The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).

	=== 2. Temporary Resident Permit for Victims of Human Trafficking ===		=== 2. Temporary Resident Permit for Victims of Human Trafficking ===

	Many victims of human trafficking find themselves in Canada without proper documentation and at risk of deportation. To address this issue, Citizenship and Immigration Canada (CIC) can issue a special temporary resident permit to victims of human trafficking (This is referred to as the VTIP TRP – Victims of Trafficking in Persons, Temporary Resident Permit). The VTIP TRP gives presumed trafficked persons legal status in Canada and is valid for up to 180 days. Depending on the circumstances of the individual, CIC can even reissue the TRP at the end of the 180-day period. The benefits of the VTIP TRP include access to health care benefits and trauma counselling through the Interim Federal Health Program. A work permit is also issued and in BC, social assistance benefits may be available. A presumed trafficked person with a VTIP TRP is eligible to apply for social assistance benefits. Victims of human trafficking need not testify against their trafficker in order to be eligible for an initial TRP. However, immigration officers will interview an individual in order to decide whether they are eligible for the TRP.		Many victims of human trafficking find themselves in Canada without proper documentation and at risk of deportation. To address this issue, Citizenship and Immigration Canada (CIC) can issue a special temporary resident permit to victims of human trafficking (This is referred to as the VTIP TRP – Victims of Trafficking in Persons, Temporary Resident Permit). The VTIP TRP gives presumed trafficked persons legal status in Canada and is valid for up to 180 days. Depending on the circumstances of the individual, CIC can even reissue the TRP at the end of the 180-day period. The benefits of the VTIP TRP include access to health care benefits and trauma counselling through the Interim Federal Health Program. A work permit is also issued and in BC, social assistance benefits may be available. A presumed trafficked person with a VTIP TRP is eligible to apply for social assistance benefits. Victims of human trafficking need not testify against their trafficker in order to be eligible for an initial TRP. However, immigration officers will interview an individual in order to decide whether they are eligible for the TRP.

	For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html Temporary Resident Permits webpage]		For more information about obtaining a VTIP TRP, call CIC at 1-888-242 2100 or visit the IRCC [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html Temporary Resident Permits webpage]

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	Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward because they may:		Despite the severity of the offence, human trafficking convictions are rare. This may be in part due to the complexity and subtleties of trafficking operations as well as reluctance on the part of victims to come forward. Victims may not come forward because they may:
	*fear for their own lives		*fear for their own lives;
	*not understand that they are victims of human trafficking;		*not understand that they are victims of human trafficking;
	*be taught to distrust outsiders, especially law enforcement and other government authorities; ~~Foreign victims may~~ be afraid they will be detained and deported~~, or they may~~ limited language skills;		*have been taught to distrust outsiders, especially law enforcement and other government authorities; be afraid they will be detained and deported;
	*be completely unaware of their rights or may have been intentionally misinformed about their rights in Canada		*have limited language skills;
			*be completely unaware of their rights or may have been intentionally misinformed about their rights in Canada;
	*fear for their families and/or loved ones		*fear for their families and/or loved ones
	*feel threatened that traffickers will harm their families if they report their situation to, or cooperate with, law enforcement. (See ''National Action Plan to Combat Human Trafficking'', Government of Canada, 2012).		*feel threatened that traffickers will harm their families if they report their situation to, or cooperate with, law enforcement. (See ''National Action Plan to Combat Human Trafficking'', Government of Canada, 2012).
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	In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)).		In order to determine whether an accused exploited another person, the court may consider whether the accused (a) used or threatened to use force or coercion; (b) used deception; or (c) abused a position of trust, power or authority (s 279.04(2)).

	Because of the high stigma and severe penalties that result from a human trafficking conviction, the ''mens rea'' for the human trafficking offences is subjective fault. Crown Counsel must prove that the accused acted “for the purpose” of exploiting the victim. In [https://www.canlii.org/en/on/onsc/doc/2013/2013onsc653/2013onsc653.html?resultIndex=1 ''R v ~~Stone and Bedford~~'', 2013 ONSC 653], Justice Miller confirms at paras. 38-40 that “for the purpose” of exploitation requires both intent and knowledge. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).		Because of the high stigma and severe penalties that result from a human trafficking conviction, the ''mens rea'' for the human trafficking offences is subjective fault. Crown Counsel must prove that the accused acted “for the purpose” of exploiting the victim. In [https://www.canlii.org/en/on/onsc/doc/2013/2013onsc653/2013onsc653.html?resultIndex=1 ''R v Beckford'', 2013 ONSC 653], Justice Miller confirms at paras. 38-40 that “for the purpose” of exploitation requires both intent and knowledge. It is also important to note that consent is not a defence to human trafficking (s 279.01(2)).

	Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:		Part 3 of ''IRPA'' applies to smuggling and trafficking of persons from another country into Canada. Sections 117 and 118 make it an offence to:
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	The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).		The penalties for the offences in Part 3 of ''IRPA'' include fines of up to $1,000,000 and imprisonment of up to 14 years (where fewer than 10 persons are being smuggled or trafficked) or up to life. Mandatory minimum sentences apply where the person, in committing the offence, endangered the life or safety, or caused bodily harm or death to the persons with respect to whom the offence was committed, and/or if the commission of the offence was for profit or in association with a criminal organization or terrorist group (See ''IRPA'' ss 117(2)-(3)).

	==== BC’s First Human Trafficking Conviction under ''IRPA'' ====		==== a. BC’s First Human Trafficking Conviction under ''IRPA'' ====

	[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc1883/2013bcsc1883.html?autocompleteStr=R%20v%20%20Orr%202013&autocompletePos=1 ''R v Orr'', 2013 BCSC 1883], was the first conviction for human trafficking under ''IRPA'' in Canada. In that case, a jury found Mr. Orr guilty of the following:		[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc1883/2013bcsc1883.html?autocompleteStr=R%20v%20%20Orr%202013&autocompletePos=1 ''R v Orr'', 2013 BCSC 1883], was the first conviction for human trafficking under ''IRPA'' in Canada. In that case, a jury found Mr. Orr guilty of the following:
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	At trial, Mr. Orr received a global sentence of 18 months of jail. In 2015, however, the case was successfully appealed. In [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca88/2015bcca88.html ''R v Orr'', 2015 BCCA 88], the Court of Appeal for British Columbia set the convictions aside and sent the matter back for trial. The court found certain expert evidence should not have been admitted, as the expert’s qualifications were not properly tested. A new trial was held in June 2016 ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2064/2016bcsc2064.html ''R v Orr'', 2016 BCSC 2064]). He was ultimately acquitted for human trafficking and providing false information to the Consulate General of Canada but was convicted of employing an unauthorized foreign national.		At trial, Mr. Orr received a global sentence of 18 months of jail. In 2015, however, the case was successfully appealed. In [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca88/2015bcca88.html ''R v Orr'', 2015 BCCA 88], the Court of Appeal for British Columbia set the convictions aside and sent the matter back for trial. The court found certain expert evidence should not have been admitted, as the expert’s qualifications were not properly tested. A new trial was held in June 2016 ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2064/2016bcsc2064.html ''R v Orr'', 2016 BCSC 2064]). He was ultimately acquitted for human trafficking and providing false information to the Consulate General of Canada but was convicted of employing an unauthorized foreign national.

	==== Bill C-36 and Human Trafficking ====		==== b. Bill C-36 and Human Trafficking ====

	In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling [https://www.canlii.org/en/ca/scc/doc/2013/2013scc72/2013scc72.html?autocompleteStr=Canada%20(Attorney%20General)%20v%20Bedford%20%5BBedford%5D%2C%202013%20SCC%2072&autocompletePos=1 ''Canada (Attorney General) v Bedford'' [''Bedford''<nowiki>]</nowiki>, 2013 SCC 72]. In ''Bedford'', the Supreme Court of Canada found certain prostitution-related offences to be unconstitutional. The ''PCEPA'' posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in ''Bedford'' by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the ''PCEPA'' has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See [http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf “Bill C-36, ''Protection of Communities and Exploited Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014]).		In 2014, several changes were made to increase the penalties for the human trafficking in the ''CC''. The changes were made as part of Bill C-36: ''Protection of Communities and Exploited Persons Act'' [''PCEPA''] which was enacted in response to the 2014 Supreme Court ruling [https://www.canlii.org/en/ca/scc/doc/2013/2013scc72/2013scc72.html?autocompleteStr=Canada%20(Attorney%20General)%20v%20Bedford%20%5BBedford%5D%2C%202013%20SCC%2072&autocompletePos=1 ''Canada (Attorney General) v Bedford'' [''Bedford''<nowiki>]</nowiki>, 2013 SCC 72]. In ''Bedford'', the Supreme Court of Canada found certain prostitution-related offences to be unconstitutional. The ''PCEPA'' posits sex workers as a vulnerable group and prostitution as a form of sexual exploitation. It also attempts to address the constitutional concerns highlighted in ''Bedford'' by including exceptions to criminal liability in order to protect prostitutes and ensure they are able to report abusive or dangerous behaviour without fear of being prosecuted. The constitutionality of the ''PCEPA'' has yet to be challenged in front of the Supreme Court of Canada, although various groups including the Canadian Bar Association have expressed concerns that certain aspects of the new law remain unconstitutional. (See [http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf “Bill C-36, ''Protection of Communities and Exploited Persons Act''”, National Criminal Justice Section and Municipal Law Section of the Canadian Bar Association, October 2014]).
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	Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].		Additional information concerning Bill C-36 may be obtained [https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/412C36E here].

	==== BC’s First Human Trafficking Conviction under the Criminal Code ====		==== c. BC’s First Human Trafficking Conviction under the Criminal Code ====

	In 2014, BC saw its first human trafficking conviction under the ''Criminal Code'' provisions. In [https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1727/2014bcsc1727.html?autocompleteStr=R%20v%20Moazami%2C%202014%20BCSC%201727&autocompletePos=1 ''R v Moazami'', 2014 BCSC 1727], Reza Moazami was charged with 36 counts including human trafficking, living on the avails of a juvenile, and sexual assault. Two of the 36 charges were for trafficking in persons, and Moazami was convicted on one of the counts.		In 2014, BC saw its first human trafficking conviction under the ''Criminal Code'' provisions. In [https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1727/2014bcsc1727.html?autocompleteStr=R%20v%20Moazami%2C%202014%20BCSC%201727&autocompletePos=1 ''R v Moazami'', 2014 BCSC 1727], Reza Moazami was charged with 36 counts including human trafficking, living on the avails of a juvenile, and sexual assault. Two of the 36 charges were for trafficking in persons, and Moazami was convicted on one of the counts.