Sometimes, the perpetrator who commits sexual assault or abuse is not acting alone. Rather, one or more other people or institutions have, either intentionally or negligently, facilitated conditions that create opportunities for these crimes to occur or continue. In some cases, these people and/or institutions have participated in or contributed to a form of sexual exploitation called human trafficking.
Public Safety Canada notes that human trafficking "is often described as a modern-day form of slavery. It involves the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour."
In the past decade, public knowledge of human trafficking has grown as both governments and community groups have raised awareness of the extent of this vastly underreported crime. Moreover, survivors of trafficking have also come forward to share their personal stories publicly in an effort to prevent other people from falling prey to this heinous crime.
[Warning: Link includes graphic content that may be disturbing].
While survivors likely know they can pursue charges or civil actions against individual predators or perpetrators, seeking justice for what happened to them need not begin and end with these individuals. Institutions whose actions or inaction fostered conditions that permitted trafficking to occur may be liable for compensation and damages to victims.
In this blog post, I first examine how prevalent human trafficking is in Canada. Next, I explain some of the federal and provincial laws and programs that apply to aspects of trafficking. Finally, I outline some options survivors of human trafficking have at their disposal to hold people or institutions to account for the harm done to them.
Who Is at Risk of Being Trafficked and Who Are the Traffickers?
Although anyone can be caught up in human sex trafficking, by and large, human trafficking is a gendered crime. Statistics Canada reports that 94 per cent of victims of trafficking identify as female, and Indigenous and racialized women and girls are disproportionately at risk of being trafficked. Members of the LGBTQ+ community also face an elevated risk of being trafficked.
Conversely, more than four in five persons accused of human trafficking identify as male. Men aged 18 to 34 accounted for almost two-thirds of all persons accused of human trafficking in Canada between 2012-2022.
Among the accused, there is only one age group (people between the ages of 12-17) in which this gender imbalance is reversed. Consistent with research that indicates some of the girls that fall victim to traffickers are recruited to traffic other girls, among the 109 youth accused of human trafficking between 2012-2022, 55% of the accused were girls and 44% of the accused were boys.
Statistics also reveal that most victims of human trafficking (about four in 10) are aged between 18-24. However, a significant portion (one in four) are under the age of 18. Among women and girls who are victims of trafficking, about seven in 10 are under the age of 25.
The vast majority (91%) of victims of human trafficking know their accused trafficker. In one-third of all cases, the accused trafficker is an intimate partner.
While this crime can be committed anywhere, calls to the Canadian Human Trafficking Hotline have overwhelmingly come from larger urban centres (with populations over 100,000) and from Ontario (two-thirds of all calls).
Recent Action to Protect People Vulnerable to Trafficking.
Canadian governments have taken steps to help survivors of human trafficking and to reduce the prevalence of this crime.
In addition to partially funding a national hotline (1-833-900-1010) that helps connect victims of this crime with resources such as housing, counselling, and emergency financial support, the federal government has created a comprehensive National Strategy to Combat Human Trafficking. Certain provinces, such as Ontario, have also adopted strategies to coordinate efforts designed to prevent crime, protect victims, and prosecute perpetrators.
Human trafficking is a criminal offence in Canada, with six offences in the Criminal Code specifically addressing aspects of this crime. Since this crime can be committed across borders, the country is also a signatory to several international treaties against trafficking and the Immigration and Refugee Protection Act (IRPA) prohibits knowingly organizing or recruiting one or people to come into the country by means of abduction, fraud, deception, or use or threat of force or coercion.
Ontario has also enacted statutes to combat aspects of trafficking and provide remedies for victims.
The Prevention of and Remedies for Human Trafficking Act, 2017, provided means by which victims of trafficking (or custodians acting on their behalf) can apply for restraining orders against a respondent (perpetrator).
Ontario's Combating Human Trafficking Act, 2021, established rules for hotels and motels which are often sites of trafficking. These businesses must maintain a register of every guest who checks in and provide police access to this register if they suspect human trafficking is occurring. This type of record can be an important piece of physical evidence for the Crown or survivors to use in future cases against perpetrators as opposed to solely relying on witness testimony.
Finally, An Act to amend the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017 with respect to certain debts incurred in relation to human trafficking, prevents coerced debts from applying to a person's credit rating.
Ontario's Prevention of and Remedies for Human Trafficking Act, 2017, also established a civil tort of human trafficking where proof of damage was not required. This tort (and related common law precedents) not only allows victims to pursue damages from people who directly committed sexual violence against them, but also people and/or institutions who facilitated conditions for trafficking - whether intentionally or through negligent action/inaction.
For example, if someone has reasonable grounds to believe a child is in need of protection due to suffering or being at risk of suffering physical abuse, sexual abuse, emotional abuse, or neglect, they have a duty to under the Child Youth and Family Services Act to report their suspicion to the Children's Aid Society.
Professionals such as doctors, teachers or other school officials who would have more opportunity and training to identify potential abuse or neglect are generally held to a higher standard and could be found liable for failing to note obvious signs. Although these people did not directly participate in trafficking, if they breached the standard of care owed to children in their care through negligence, they may be found to have contributed to the harm done to a trafficked child.
Similarly, institutions or businesses which knew or ought to have known that trafficking was taking place on their premises or by people in their employ could be held liable for harm done to victims.
The Path to Seek Justice.
While some survivors may want to seek justice against those who hurt them as soon as possible, others may decide they need to devote time to other parts of their recovery and healing first.
There are many reasons why a victim may wait to pursue justice in the courts. Experiencing sexual violence can cause lasting trauma that may contribute to significant mental health challenges and increase the risk of addiction or self-harm. To avoid debilitating symptoms of post-traumatic stress disorder, a victim may consciously avoid anything that could be a trigger. Survivors may also be financially insecure, fear retaliation or being disbelieved, or worry about their own immigration status or other legal issues.
If and when they do choose to come forward, victims of human trafficking have a variety of legal avenues they can potentially pursue, and it's very important to remember that these options are not time-limited by statute. Therefore, if you or a loved one have been a victim of sexual trafficking, you do not have to file a police report or make a civil claim within a certain period to protect your right to pursue criminal charges or seek damages in a lawsuit.
Individual factors in a case should be carefully considered before choosing how to proceed, but in general, civil cases are more likely to have a positive outcome. Rather than having to prove guilt beyond a reasonable doubt, in a civil lawsuit against a defendant, the plaintiff must only prove they were harmed on the balance of probabilities.
We Can Help.
Whether you believe you're ready to begin to seek justice through the courts or you simply want to learn more about your options so that you can make an informed choice, the sexual abuse and sexual assault lawyers at Jellinek Ellis Gluckstein are here to help.
When you contact us for a no cost, no obligation initial consultation, we will listen to your story with great empathy, carefully and clearly explain your legal rights and options, and answer any questions you may have. If we believe we can help you get compensation for the terrible harm done to you, we would be honoured to offer to become your legal advocate and representative.
As a firm committed to full circle and trauma-informed care, you can count on us to treat you with respect, sensitivity, and compassion on your healing journey. Our team of sexual abuse lawyers only represent plaintiffs (survivors of abuse and assault) in civil cases and never defendants. We work exclusively for survivors because we believe survivors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.