The Child Sexual Exploitation and Human Trafficking Act

The Child Sexual Exploitation and Human Trafficking Act became law on April 30, 2012. The law creates a protection order for victims of human trafficking or child sexual exploitation that offers protection to victims by requiring the respondent (the person you want to be protected from ex: the human trafficker or child sexual exploiter) to stay away from the victims. The law also allows a victim of human trafficking to sue the trafficker for money.

Human Trafficking

For the purposes of the Act, a person commits human trafficking of another person when:

1. he or she
   1. abducts, recruits, transports or hides that person, or
   2. controls, directs or influences the movements of that person; and
2. he or she uses force, the threat of force, fraud, deception, intimidation, the abuse of power or a position of trust, or the repeated provision of a controlled substance (ex: drugs/inhalants/alcohol), to cause, compel or induce that person to:
   1. become involved in prostitution or any other form of sexual exploitation,
   2. provide forced labour or services, or
   3. have an organ or tissue removed

Child Sexual Exploitation

For the purposes of the Act, child sexual exploitation occurs where:

• A child is compelled by force, the threat of force, intimidation or the abuse of power or a position of trust to engage in sexual conduct; or
• There is an exchange of a controlled substance (ex: drugs/inhalants/alcohol) for sexual conduct.

Sexual conduct, as defined in the Act, includes four types of behaviours:

1. sexual intercourse
2. touching the body of any person for a sexual purpose
3. exposing a person’s sexual organs or anal region or exposing the breasts of a female person
4. any activity related to child pornography as defined in the Criminal Code

Protection Orders

The Act creates a protection order for adult and child victims of human trafficking and victims of child sexual exploitation that offers protection to victims by requiring the respondent to stay away from the victims. Applicants can seek protection orders from judicial justices of the peace quickly, simply and inexpensively, without notice to the respondent. Applicants must provide evidence, under oath, about the human trafficking or child sexual exploitation.

The Act allows the following to seek a protection order to keep the respondent away from the victim:

• an adult victim of human trafficking
• a parent or guardian of a child victim of human trafficking or child sexual exploitation
• a Child and Family Services Agency, the appropriate CFS authority, or the director of Child and Family Services, if the child is in care

Protection order applications can be submitted in person or by phone, with the help of a police officer or lawyer. Once the application is submitted, a hearing is conducted without notice to the respondent. Evidence is provided under oath regarding the child sexual exploitation or human trafficking.

A judicial justice of the peace may grant a protection order if he/she finds that:

• human trafficking or child sexual exploitation has occurred,
• there are reasonable grounds to believe that it will continue, and
• the victim needs immediate or imminent protection

Protection orders may contain as many of the following provisions as needed to protect the victim:

• prohibiting the respondent from following the victim or other specified person(s)
• prohibiting the respondent from contacting or communicating with the victim or other specified person(s), directly or indirectly
• prohibiting the respondent from going near, or entering, any place that the victim or other specified person(s) attends regularly (ex: places where the victim, or other specified person(s) lives, works or does business, or attends school)
• requiring the respondent to return specified personal effects or documents of the victim

If an order is granted, it takes effect as soon as the respondent is served with a copy of it by police or a sheriff's officer. The respondent can apply to the Court of Queen’s Bench to challenge the order within 20 days of receiving the order, or longer if the court allows.

The protection order will normally be granted for three years but could be longer, or renewed, if necessary.

Protection orders are entered into a computer registry that is accessible by all police. Failure to obey a protection order is a crime.

Human trafficking and child sexual exploitation are criminal offences and should always be reported to the police and child welfare authorities. If the police have enough evidence, they can charge the alleged offender.

The protection order for victims of human trafficking can be used in conjunction with the tort of human trafficking. The tort action can provide financial compensation to the victim while the protection order can enhance the victim's safety by requiring the respondent to stay away from the victim.

Tort of Human Trafficking

The Act creates a “tort” of human trafficking, allowing anyone subject to human trafficking to sue the trafficker.

An action starts by filing a claim in court. The claim proceeds through the usual court process.

The court can:

• award damages
• order the defendant to account for any profits from the human trafficking of the victim
• issue an injunction

The order may be enforced in the same way as any judgment of the Court of Queen’s Bench.

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For more information about this process, please contact the local court office or talk to a lawyer.

For more information and services related to child sexual exploitation and human trafficking, go to:

Protection Orders
Child and Family Services Standards Manual