Sarah Cestnick, Founder of The Omega Project
February 28, 2025
Key Takeaways from Canada’s Strengthened Human Trafficking Laws
Prosecuting human traffickers will become easier due to legal changes that allow courts to infer control over victims based on living arrangements or frequent contact.
Traffickers will now have to prove their financial assets were obtained legally, reducing their ability to profit from exploitation.
Legal inconsistencies in the definition of exploitation have been corrected, ensuring a clearer and stronger application of trafficking laws in both English and French.
Mandatory consecutive sentencing for trafficking-related crimes has been put on hold, as the government reviews its potential impact on the justice system and human rights protections.
Stronger laws do not automatically mean better enforcement, and there are still gaps in victim protections, online trafficking prevention, and law enforcement resources.
These key updates are part of the Canadian government’s efforts to enforce former Bill C-452 with necessary amendments, improving how trafficking crimes are prosecuted and how traffickers are held accountable.
Strengthening Canada’s Legal Response to Human Trafficking
Human trafficking in Canada continues to be a serious issue, affecting vulnerable individuals across provinces. The government has introduced legislative changes designed to close legal loopholes, strengthen prosecution strategies, and ensure traffickers face financial and legal consequences.
For years, human trafficking cases have been difficult to prosecute due to lack of direct evidence, victim fear, and complex legal requirements. These legal updates aim to remove some of those barriers and make convictions more attainable.
Proving Control Over Victims Just Became Easier
Under Canadian law, trafficking involves exercising control, direction, or influence over another person for exploitation. However, proving that a trafficker controlled their victim has historically been difficult in court.
With this new legal amendment, courts can now infer control if the accused lived with or was frequently in the company of the victim. This shift makes it more difficult for traffickers to avoid conviction by exploiting gaps in direct evidence.
This change acknowledges that most traffickers do not physically restrain their victims but instead rely on psychological manipulation, threats, and dependency. By adjusting how control is defined, Canada is modernizing its legal approach to human trafficking prosecution.
Traffickers Must Now Justify Their Financial Assets
Human trafficking is a highly profitable crime, and traffickers often use complex financial schemes to hide their earnings. Traditionally, law enforcement had to prove that an accused trafficker’s assets were obtained through illegal activities.
Under the updated law, the burden of proof has shifted. Now, for trafficking-related offenses, the accused must prove that their financial assets were acquired legally. This amendment makes it easier to seize criminal proceeds, dismantle trafficking networks, and disrupt financial incentives for traffickers.
Correcting Legal Inconsistencies in the Definition of Exploitation
Legal definitions matter, particularly in human trafficking cases where loopholes can be exploited to avoid conviction. This legislation corrects inconsistencies between the English and French versions of the Criminal Code, ensuring the definition of exploitation is applied uniformly across Canada.
This change strengthens the legal framework by ensuring language barriers do not weaken trafficking prosecutions.
Mandatory Consecutive Sentencing Put on Hold
Originally, Bill C-452 proposed mandatory consecutive sentences for trafficking-related offenses. This meant that if a trafficker was convicted of multiple crimes, they would serve each sentence back-to-back, rather than simultaneously.
The government has decided not to enforce this provision at this time due to concerns that it could lead to disproportionately long sentences that might violate the Canadian Charter of Rights and Freedoms. The issue remains under review, as lawmakers weigh the benefits of harsher penalties against the potential impact on sentencing fairness and plea negotiations.
What Still Needs to Improve?
While these legal updates strengthen Canada’s ability to prosecute traffickers and seize criminal assets, there are still significant challenges in trafficking prevention, victim support, and law enforcement resources.
Challenges That Remain
Victim Protections – Survivors often hesitate to testify due to fear of retaliation, legal complications, or lack of trust in the justice system. More support is needed to ensure victims feel safe participating in legal proceedings.
Online Trafficking Prevention – Many trafficking cases now begin online, with recruitment happening through social media, encrypted messaging apps, and other digital platforms. Canada still lacks comprehensive regulations to hold tech companies accountable for preventing exploitation on their platforms.
Law Enforcement Resources – Stronger laws mean little without proper training and funding for law enforcement agencies to investigate trafficking cases effectively. Many trafficking investigations require specialized knowledge, cross-jurisdictional coordination, and long-term victim support—areas that need more investment.
The Path Forward: Stronger Laws, But More Action Needed
The latest legal updates are a step in the right direction, making it easier to convict traffickers, seize their profits, and close legal loopholes. However, laws alone will not end human trafficking in Canada. A multi-faceted approach that includes prevention, victim services, public awareness, and stronger online regulations is still needed.
The next step is ensuring enforcement matches legislation, so that these new laws translate into real-world impact for survivors and communities.
To read the full details of these legal updates, visit the official Government of Canada website. If you suspect human trafficking or need assistance, contact the Canadian Human Trafficking Hotline at 1-833-900-1010.
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