INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code of Canada criminalizes the exploitation of minors through recruitment, transportation, and other similar activities, with varying degrees of punishment depending on the severity of the offence.

SECTION WORDING

279.011(1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

EXPLANATION

Section 279.011(1) of the Criminal Code of Canada criminalizes any actions that involve taking advantage of a person under the age of eighteen years, or controlling their movements, with the intent to exploit or facilitate their exploitation. This section is targeted towards individuals who recruit, transport, transfer, receive, hold, conceal, or harbor minors for the purpose of exploiting them, or exercising control over their movements. The section makes it clear that these actions are considered indictable offenses, and anyone found guilty of such offenses would be liable for imprisonment, both minimum and maximum terms of which would vary depending on the severity of the actions committed. In cases of kidnapping, aggravated assault, aggravated sexual assault, or commission of an offence causing the death of the victim during the commission of such actions, individuals would be liable to life imprisonment and a minimum of six years imprisonment. In all other cases, the maximum term of imprisonment would be fourteen years, with a minimum punishment of five years imprisonment. Overall, the intent of the section is to protect minors from being exploited and taken advantage of by individuals who may use their vulnerability for personal gain or gratification. The section is a vital component in the Criminal Code of Canada, and serves as a strong deterrent to anyone attempting to exploit minors. It also helps law enforcement and other agencies to address instances where minors have been exploited, and ensures that the perpetrators are brought to justice.

COMMENTARY

Section 279.011(1) of the Criminal Code of Canada is a provision that criminalizes the trafficking of minors for the purpose of exploitation. The law states that anyone who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of 18 years, or exercises control, direction or influence over their movements, for the purpose of exploiting them, is guilty of an indictable offence and liable to the punishment prescribed under the section. The law recognizes that minors are vulnerable to exploitation and that they need protection from those who seek to exploit them. Minors cannot consent to being trafficked or exploited, and are therefore entitled to special protection under the law. This provision acknowledges the serious harm that can be caused to minors when they are subjected to human trafficking or exploitation. For this reason, the law provides strict penalties for those found guilty of such offenses. The section goes further to specify the minimum term of imprisonment that a person found guilty of trafficking a minor can receive. If the offender kidnaps, commits an aggravated assault or sexual assault against, or causes the death of the victim during the commission of the offense, they are liable to imprisonment for life, with a minimum term of imprisonment of six years. In any other case, the offender is liable to imprisonment for a term of not more than fourteen years, with a minimum term of five years. The minimum sentences prescribed under the section are significant, and reflect the gravity of the offense committed. It is important for courts to consider the seriousness of human trafficking and child exploitation when sentencing offenders. The minimum sentences ensure that offenders are punished severely enough to deter others from committing similar offenses. However, some critics argue that the minimum sentences prescribed under the section are too harsh, and that they do not take into account the circumstances of the offender. For example, someone who has been coerced into trafficking a minor may receive the same sentence as someone who willingly engaged in the offense. Critics argue that the law should be more flexible in taking into account the individual circumstances of the offender when determining the appropriate sentence. Despite these criticisms, Section 279.011(1) of the Criminal Code of Canada remains an important provision for protecting minors from human trafficking and exploitation. It sends a strong message that such offenses will not be tolerated in Canada, and that those who engage in these activities will be punished severely. The law sets a high standard for the protection of minors, and ensures that those who seek to exploit them will face the full force of the law.

STRATEGY

Section 279.011(1) of the Criminal Code of Canada deals with the crime of human trafficking. It is a complex and serious offense that requires careful strategic considerations when investigating and prosecuting offenders. This section criminalizes various forms of exploitation of minors, including recruitment, transportation, holding, and concealing. The aim of this section is to protect the most vulnerable members of society from falling prey to human trafficking and exploitation. One strategic consideration when dealing with this section of the Criminal Code of Canada is to ensure that law enforcement agencies are adequately equipped and trained to investigate human trafficking cases. These cases are often complex and require a multidisciplinary approach involving several agencies, including law enforcement, social services, and legal authorities. Therefore, it is essential to establish effective partnerships and collaborations among these agencies to ensure that victims receive the necessary support and that offenders are brought to justice. Another strategic consideration is to address the root causes of trafficking, such as poverty, lack of education, and social inequality. Human trafficking thrives in environments where individuals are vulnerable and marginalized, and addressing these underlying factors is essential in preventing and combatting the crime. Therefore, governments and civil society must invest in programs that empower young people and provide them with opportunities for education and employment. In terms of strategies that could be employed to address human trafficking, the first step is to raise public awareness of the issue. This can be achieved through public education campaigns, media coverage, and outreach programs to vulnerable communities. The goal is to educate potential victims about the signs of trafficking and to encourage them to report any suspicious activity to law enforcement or social services. Another strategy is to establish a victim-centered approach to investigations and prosecutions. This involves prioritizing the needs and well-being of victims, providing them with safe housing, medical care, and counseling, and ensuring that they are not re-victimized during the court process. It is also essential to hold offenders accountable for their actions by prosecuting them to the fullest extent of the law. The effective implementation of section 279.011(1) of the Criminal Code of Canada depends on close collaboration among law enforcement agencies, social services, and legal authorities. Therefore, it is essential to establish inter-agency cooperation and coordination to ensure a comprehensive and effective response to human trafficking. In conclusion, the crime of human trafficking is a serious offense that requires careful strategic considerations. The effective implementation of section 279.011(1) of the Criminal Code of Canada depends on the establishment of adequate resources, partnerships, and programs that address the root causes of trafficking, raise public awareness, prioritizes the needs of victims, and hold offenders accountable. A multifaceted approach that involves a variety of agencies is necessary to combat this complex and challenging crime.