An Act to amend the Criminal Code (exploitation and trafficking in persons) (S.C. 2015, c. 16)

Assented to 2015-06-18

An Act to amend the Criminal Code (exploitation and trafficking in persons)

S.C. 2015, c. 16

Assented to 2015-06-18

An Act to amend the Criminal Code (exploitation and trafficking in persons)

SUMMARY

This enactment amends the Criminal Code in order to provide consecutive sentences for offences related to trafficking in persons and create a presumption regarding the exploitation of one person by another.

It also adds the offence of trafficking in persons to the list of offences to which the forfeiture of proceeds of crime apply.

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 CODE

 Section 279.01 of the Criminal Code is amended by adding the following after subsection (2):

  • Marginal note:Presumption

    (3) For the purposes of subsections (1) and 279.011(1), evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.

 Subsection 279.04(1) of the French version of the Act is replaced by the following:

Marginal note:Exploitation
  • 279.04 (1) Pour l’application des articles 279.01 à 279.03, une personne en exploite une autre si elle l’amène à fournir ― ou à offrir de fournir ― son travail ou ses services, par des agissements dont il est raisonnable de s’attendre, compte tenu du contexte, à ce qu’ils lui fassent croire qu’un refus de sa part mettrait en danger sa sécurité ou celle d’une personne qu’elle connaît.

 The Act is amended by adding the following after section 279.04:

Marginal note:Sentences to be served consecutively

279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

 Subsection 462.37(2.02) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) an offence under any of sections 279.01 to 279.03.

COMING INTO FORCE

Marginal note:Order in council

 This Act comes into force on a day to be fixed by order of the Governor in Council.

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