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Difference between revisions of "Victims of Human Trafficking (4:VIII)"
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Victims of Human Trafficking (4:VIII) (view source)
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''R. v. Franco Orr'', 2013 BCSC 1883, was the first conviction for human trafficking under ''IRPA'' in BC. In that case, a jury found Mr. Orr guilty of the following: | ''R. v. Franco Orr'', 2013 BCSC 1883, was the first conviction for human trafficking under ''IRPA'' in BC. In that case, a jury found Mr. Orr guilty of the following: | ||
#Knowingly organizing the coming into Canada of the complainant, by means of abduction, fraud, deception or use of the threat of force or coercion, contrary to s. 118(1) of ''IRPA''; | #Knowingly organizing the coming into Canada of the complainant, by means of abduction, fraud, deception or use of the threat of force or coercion, contrary to s. 118(1) of ''IRPA''; | ||
#Employing a foreign national, in the capacity to which she was not authorized to be employed, contrary to s. 124(1)(c) of ''IRPA''; and | |||
#Misrepresenting or withholding material facts relating to a relevant matter that induced or could induce an error in the administration of the Act by providing false information to the Consulate General of Canada in support of the application for temporary resident visa for entry to Canada for the complainant, contrary for s. 127(a) of ''IRPA''. | |||
The complainant in the case was originally from the Philippines but worked for the Orr family as a domestic helper in Hong Kong. The complainant agreed to move to Canada under false pretences and was employed by Mr. Orr despite his knowledge that she did not have the required visa. While Mr. Orr was convicted, his wife, Ms. Huen, was acquitted of all the charges she faced. | |||
At trial, Mr. Orr received a global sentence of 18 months jail. In 2015, however, the case was successfully appealed. In ''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. | |||
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 ''Canada (Attorney General) v Bedford'' [''Bedford''], 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. | |||
Bill C-36 made three significant sentencing changes to the human trafficking provisions in sections 279.01 to 279.03 of the ''CC''. First, the new provisions include a mandatory minimum sentence of 5 years where a trafficker is convicted of human trafficking and also kidnaps, commits aggravated assault or aggravated sexual assault against or causes the death of the victim and a mandatory minimum sentence of 4 years in other cases (s. 279.01). Second, s 279.02(2), receiving a material benefit from trafficking of minors, now carries a mandatory minimum sentence of 2 years, and the maximum sentence available for the offence has been extended from 10 to 14 years. Third, the maximum sentence for withholding or destroying documents to facilitate trafficking of minors has been extended from a maximum of 5 years to a maximum of 10 years, with a mandatory minimum sentence of 1 year. | |||
In 2014, B.C. saw its first human trafficking conviction under the ''CC'' provisions. In ''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 | |||
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