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Mississauga Human Trafficking Lawyer
Human trafficking is one of the most serious offences in the Criminal Code. Alexander Karapancev has acted as counsel in a number of human trafficking cases across the Greater Toronto Area. His skillful examination of cases and cross examination skills have resulted in successful results for clients throughout their legal journey, from preliminary inquiries to trials.
Human trafficking prosecutions are difficult cases for the accused as the government has devoted an abundance of resources to prosecuting these charges. There are often highly skilled special police units and prosecution teams that specialize solely in prosecuting these cases. As part of their investigation into the accused, the state may order search warrants for their homes and electronic devices as well as production orders for their telecommunication records. Therefore, it is crucial to retain highly experienced and skilled counsel who can mount a vigorous defence when your liberty and reputation are at risk.
What is Human Trafficking
Human trafficking involves recruiting, transporting, harbouring, and/or exercising control, direction, or influence over a person’s movements in order to exploit that person through sexual exploitation or forced labour.
The Criminal Code stipulates a number of human trafficking related offences, including:
a. Human trafficking (s. 279.01), which carries a maximum penalty of life in jail and a mandatory minimum sentence of 5 years when the offence involves kidnapping, aggravated assault, aggravated sexual assault, or death. In all other cases, someone convicted of human trafficking faces a maximum sentence of 14 years and a mandatory minimum of 4 years jail;
b. Human Trafficking Under 18 (s. 279.011), which carries a maximum penalty of life in jail and a mandatory minimum sentence of 6 years where the offence involves kidnapping, aggravated assault, aggravated sexual assault or death, and a maximum sentence of 14 years and a mandatory minimum sentence of 5 years in all other cases;
c. Receive a Financial or Other Material Benefit for the purpose of committing or facilitating human trafficking -Adult Victim (s. 279.02(1)): carries a maximum punishment of ten years in jail;
d. Receive a Financial or Other Material Benefit for the purpose of committing or facilitating human trafficking -Child Victim (section 279.02(2)): carries a maximum punishment of 14 years in jail and a mandatory minimum sentence of 2 years in jail;
Exploitation
One of the essential elements of human trafficking that distinguishes it from traditional prostitution offences is that the prosecution must prove exploitation. Exploitation is defined as causing an individual to provide, or offer to provide, labour or a service by engaging in behaviour that could reasonably be expected to lead the individual to believe that their safety, or the safety of an individual known to them, would be threatened if they did not provide, or offer to provide, the service or labour.
The Crown must prove that the accused committed one of the prohibited activities in order to be found guilty of human trafficking under section 279.01 (such as recruiting, transporting, transfering, exercising direction, control or influence over the movements of an individual). Furthermore, the Crown must show that the prohibited act was undertaken with the intent of exploiting or facilitating the exploitation of another person. This requires that the accused either meant to exploit another person or knew it was a virtual certainty. It’s worth noting that actual exploitation is not an essential element of this crime.
A Successful Defence
If you are facing criminal charge(s), you need a criminal defence lawyer to protect your rights and fight for your freedom. If you are facing charges, the Crown will attempt to persuade a judge or jury that you are guilty beyond a reasonable doubt. It is your defence attorney’s job to raise a reasonable doubt.
Alex Karapancev has a wealth of criminal law experience. He understands how to evaluate the legal issues in your case and determine the best course of action in court. He knows how to find the flaws in the prosecutor’s case and how to call attention to them. He also understands how to emphasize the evidence that supports your innocence. Whether you live in Mississauga, Toronto, Brampton, Newmarket, or elsewhere in Ontario, Karapancev Law can assist you with your case.
