Difference between revisions of "Victims of Human Trafficking (4:VIII)"

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{{REVIEWED LSLAP | date= June 30, 2021}}
{{REVIEWED LSLAP | date= June 22, 2022}}
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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].


==== 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. 
Justice Bruce found beyond a reasonable doubt that Moazami transported and controlled the victim’s movements for the purpose of exploitation.  The evidence showed Moazami intimidated the victim, J.C., with actual violence and threats of violence towards J.C.’s dog.  Moazami also provided the victim with free illicit drugs to keep her addicted and dependent on him, and counseled her to distrust the police.  Moazami was acquitted on the second human trafficking charge.  Although it was clear Moazami abused the victim H.W., the court was in reasonable doubt as to whether Moazami’s behaviour caused H.W. to fear that her safety or the safety of another person was threatened.
Sentencing was discussed in [https://www.canlii.org/en/bc/bcsc/doc/2015/2015bcsc2055/2015bcsc2055.html ''R v Moazami'', 2015 BCSC 2055].  Because eight of the 11 complainants were under the age of 18 years at the time of the offences, s 718.01 of the ''Criminal Code'' requires the Court to give primary consideration to the objectives of denunciation and deterrence when sentencing.
Further, s 718.1 stipulates that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.  Section 718.2 also mandates a consideration of the relevant mitigating and aggravating circumstances.  Lastly, s 718.2(b) enshrines the principle that similar offences committed by similar offenders should be accorded similar sentences.
Where the offender has been convicted of multiple offences involving multiple complainants, the Court must decide whether the sentence for each offence should be served concurrently or consecutively to each other.  The proper approach is to first determine the appropriate sentence for each offence and then decide if the sentences should be served concurrently or consecutively. 
When using the applicable statutory minimum and maximum sentences as a benchmark, and applying the factors relevant to the application of the totality principle, Justice Bruce found that a sentence of 23 years is the minimum necessary to achieve the fundamental objectives of sentencing on the facts of this case.  Justice Bruce stated that the aggregate of the minimum sentences informs the Court with regard to the length of sentence necessary to adequately reflect the serious nature of the offences, the multiple complainants, the many aggravating factors, and Moazami's moral blameworthiness in light of the few mitigating circumstances.
To achieve the length of sentence of 23 years, Justice Bruce decided that the sentences imposed with respect to the offences against individual complainants will be served concurrently with each other, but consecutively in regard to each of the other complainants with some exceptions.
Justice Bruce calculated the total time served credit as 1851 days or five years and 26 days. Deducting this time from the imposed sentence of 23 years, Justice Bruce found that the remaining sentence to be served was 17 years and 339 days.




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