Human Trafficking

No — not before retaining counsel. Trafficking investigations rely heavily on statements. Call us first at (416) 599-1900 before saying anything to investigators.

Yes. Trafficking counts are frequently charged alongside sexual offences, assault, and procuring allegations. We defend the entire indictment as one coordinated strategy.

We treat every engagement with the discretion these matters require, and pursue publication-ban and privacy protections wherever they are available.

Extremely serious. They carry substantial penalties, including mandatory minimums for some offences, and significant collateral consequences. Given the stakes, they require experienced, dedicated defence from the outset.

Yes. These cases are often complex and can be overcharged. The defence scrutinizes the alleged control or exploitation, the credibility and reliability of the evidence, and the constitutionality of how it was gathered.

It refers to receiving a financial or other benefit from trafficking activity. The Crown must prove the connection between the benefit and the alleged trafficking — a link the defence can challenge.

Trafficking in persons under section 279.01 of the Criminal Code carries a mandatory minimum of four years’ imprisonment and a maximum of 14 years, or a five-year minimum and a life maximum if the accused kidnapped, committed an aggravated assault or aggravated sexual assault against, or caused the death of the victim. Where the complainant is under 18, section 279.011 raises those minimums to five and six years. The complainant’s consent is never a defence.

Under section 279.04 of the Criminal Code, a person exploits another if they cause them to provide labour or a service through conduct that could reasonably be expected to make them believe their safety, or someone else’s, would be threatened if they refused. Courts consider force, deception, abuse of trust, control over finances, communications or identity documents, and any violence. Whether that belief was objectively reasonable in the circumstances is frequently the central issue at trial.

Yes. Domestic trafficking charges require no border crossing at all. Section 279.01 of the Criminal Code covers recruiting, transporting, holding, harbouring or exercising control, direction or influence over a person’s movements for the purpose of exploitation — entirely within Canada, or even within one city. Cross-border smuggling and trafficking are separate offences under the Immigration and Refugee Protection Act. Living with or habitually being with an exploited person can create a presumption of control.

Procuring under section 286.3 of the Criminal Code targets procuring, recruiting, holding or controlling someone who provides sexual services for consideration; it carries up to 14 years, with no minimum where the person is an adult. Human trafficking under section 279.01 requires proof of exploitation — conduct causing the person to fear for their safety — and carries a four-year minimum. The two are often charged together, and Aaron M. Spektor examines the distinction closely because it shapes the outcome.