Is it Human Trafficking if the Complainant (Alleged Victim) Was Paid?

Human trafficking offences in Canada are engaged by participating in activities for the purpose of “exploitation.” Exploitation, as defined by the Criminal Code, is where a person provides or offers to provide labour or services when the victim could reasonably be expected to believe that their safety [physical or psychological] 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.

There is no requirement that labour or services be unpaid for the Canada’s human trafficking laws to apply. In fact, exploitation can be found alongside very significant pay. Factors such as deception, threats, violence, or abuse of trust/power/authority play a much more important role in a human trafficking case than the presence or absence of payment.