S-22824369-70Elizabeth II2020-2021An Act to amend the Criminal Code (trafficking in persons)An Act to amend the Criminal Code (trafficking in persons)20213
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Senator Ataullahjan4322025SUMMARYThis enactment amends the Criminal Code to specify what constitutes exploitation for the purpose of establishing whether a person has committed the offence of trafficking in persons.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:R.S., c. C-46Criminal CodeSubsection 279.04(1) of the Criminal Code is replaced by the following:ExploitationFor the purposes of sections 279.01 to 279.03, a person exploits another person if they engage in conduct thatcauses the other person to provide or offer to provide labour or a service; andinvolves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.Subsection 279.04(2) of the Act is repealed.Criminal CodeExisting text of subsections 279.04(1) and (2):For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them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 determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accusedused or threatened to use force or another form of coercion;used deception; orabused a position of trust, power or authority.