INTRODUCTION AND BRIEF DESCRIPTION
Receiving financial benefit from human trafficking is indictable and punishable by up to 10 years imprisonment.
SECTION WORDING
279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.
EXPLANATION
Section 279.02 of the Criminal Code of Canada aims to deter individuals from benefiting from the commission of certain offences. Specifically, it criminalizes the act of receiving a financial or material benefit while knowing that it resulted from the commission of an offense under subsection 279.01(1) or 279.011(1), which deal with trafficking in persons and the trafficking of minors. This provision recognizes that individuals who benefit from such crimes contribute to the perpetuation of a harmful and exploitative industry. By imposing a potential sentence of up to ten years, the law seeks to create a disincentive for individuals to engage in such transactions. Moreover, the fact that the offense is indictable means that it is considered a serious crime that can result in significant consequences for the offender. Additionally, the high potential prison term underscores the gravity of the crimes in question and the importance of discouraging their commission. Overall, section 279.02 is an important tool in the fight against human trafficking and exploitation. It serves to punish individuals who would seek to profit from such crimes, and to deter others from engaging in similar activities. As such, it plays a vital role in ensuring that Canada's Criminal Code can effectively address the harm caused by these offenses.
COMMENTARY
Section 279.02 of the Criminal Code of Canada concerns the crime of receiving a financial or other material benefit, with knowledge that it has resulted from the commission of an offence under subsection 279.01(1) or 279.011(1). This section of the code is important for ensuring that individuals do not benefit from human trafficking or the exploitation of persons involved in human trafficking. Human trafficking is a serious and complex issue that involves the exploitation and victimization of vulnerable individuals, often for criminal purposes. This crime is highly profitable, making it a very attractive venture for criminal organizations. To combat human trafficking effectively, it is crucial to target those who are involved in the crime, including both those who traffic individuals and those who benefit from the proceeds of the crime. Section 279.02 is an important tool in combating human trafficking. The provision makes it a criminal offence to receive a financial or other material benefit, knowing that it has resulted from the commission of an offence under subsection 279.01(1) or 279.011(1). This means that anyone who knowingly accepts or receives money or any other form of material gain that results from human trafficking is committing a crime. This provision is intended to deter people from engaging in this type of activity. The section carries a maximum penalty of 10 years in prison, which is a significant sentence that is intended to reflect the seriousness of the offence. This punishment serves as a deterrent to others who may consider benefiting from human trafficking or other forms of exploitation. It is important to note that the offence of receiving a financial or other material benefit under section 279.02 requires proof of knowledge. This means that the Crown must prove that the accused knew or ought to have known that the benefit was obtained as a result of human trafficking or exploitation. This provision, like many others in the criminal justice system, is designed to ensure that innocent people are not wrongly convicted of a crime. Section 279.02 is just one element of Canada's legal framework for combatting human trafficking. The Canadian government has made significant efforts in recent years to address human trafficking, including through the creation of a coordinated national strategy and the introduction of several new pieces of legislation. These efforts are critical for ensuring that victims of human trafficking are protected and that those who engage in this form of criminal activity are held accountable for their actions. Overall, section 279.02 of the Criminal Code of Canada is a vital element in Canada's legal framework for combatting human trafficking. It is a clear message that those who knowingly benefit from the exploitation of others will face significant penalties under the law. This provision is part of a broader effort to protect vulnerable individuals from exploitation and to ensure that Canada remains a safe and just society for all people.
STRATEGY
Section 279.02 of the Criminal Code of Canada deals with the offense of receiving a financial or other material benefit, with the knowledge that it is a result of the commission of an offense under section 279.01(1) or 279.011(1). This section of the law aims to prevent individuals from benefiting financially or materially from crimes of sexual exploitation, trafficking, and slavery. It is thereby essential for organizations, businesses, and individuals to consider and employ various strategies to avoid violating this section of the Criminal Code. One of the primary strategies that organizations and businesses need to employ is a strict compliance program. This program should include protocols and procedures that ensure compliance with the Criminal Code of Canada. It should clearly provide guidelines on detecting, reporting, and preventing the receipt of financial or other material benefit from the offenses mentioned in the section. Moreover, compliance programs should be implemented throughout all levels of the organization or business, including its employees, contractors, and agents. Another strategy that organizations and businesses can employ is due diligence. Due diligence entails conducting investigations to identify potential risks of receiving financial or other material benefit from the offenses mentioned in the section. This includes conducting background checks on suppliers, clients, and other relevant parties. It also involves devising measures to mitigate the risks identified and ensuring that the due diligence program is continually being updated. It is also essential for organizations and businesses to provide training and awareness-raising to their employees, contractors, and agents. This training should comprise of information on the laws surrounding sexual exploitation, trafficking, and slavery and how they apply to the organization's operations. Employees and other relevant parties should be made aware of the dangers of receiving financial or other material benefit from such offenses and the importance of reporting any suspicions or violations. Finally, it is vital for organizations and businesses to maintain accurate records of all transactions and activities related to their operations. This includes keeping track of all payments made and received. Additionally, organizations should keep track of any suspicious activities that could potentially result in the receipt of financial or other material benefit from the offenses mentioned in the section. In conclusion, compliance with section 279.02 of the Criminal Code of Canada is essential for businesses, organizations, and individuals. Employing strategies such as strict compliance programs, due diligence, training, and record-keeping can aid in avoiding violations of this law. By adhering to these measures, organizations and businesses can ensure that they are operating ethically and responsibly.