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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 20:35, 10 May 2016
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = victims}} Human trafficking is a complex and multifaceted crime that can occur both domestically and internationally. The victims of human traff...") |
Desy Wahyuni (talk | contribs) |
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#Benefit materially from human trafficking. | #Benefit materially from human trafficking. | ||
#Withhold or destroy a person’ s travel or identification documents, such as a passport or visa, for the purpose of trafficking, or helping to traffic, that person. | #Withhold or destroy a person’ s travel or identification documents, such as a passport or visa, for the purpose of trafficking, or helping to traffic, that person. | ||
Exploitation is defined in s 279.04(1) of the ''CC'' 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”. | |||
In order to determine whether an accused exploits 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 ''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: | |||
#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)). | |||
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'' sections 117(2)-(3)). | |||
''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''; | |||
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