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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)
Revision as of 16:31, 10 August 2020
, 16:31, 10 August 2020→BC’s First Human Trafficking Conviction under the Criminal Code
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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 ==== | ==== 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 ''R | 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 | 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 ''R | 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. | 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. | ||
