Criminal Code

Marginal note:Exploitation

• 279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety 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.

• Marginal note:Circumstances

  (2) In determining whether an accused exploits a complainant under subsection (1), the Court must consider all the circumstances, including the nature of the relationship between the accused and the complainant and all of the following facts with respect to which there is evidence:

  • (a) the accused used, or threatened or attempted to use, force or another form of coercion;

  • (b) the accused used deception;

  • (c) the accused abused a position of trust, power or authority;

  • (d) the accused engaged in controlling or directive behaviour, including with respect to finances, living conditions, appearance, communications with others, the labour or service provided or offered to be provided or the advertising of the labour or service or documents that establish or purport to establish the person’s identity or immigration status;

  • (e) the accused subjected the complainant to degrading or humiliating behaviour;

  • (e.1) the accused used, or threatened or attempted to use, violence against any animal known to the complainant;

  • (e.2) the accused damaged, or threatened or attempted to damage, the complainant’s property or the property of anyone known to the complainant;

  • (f) the accused exposed the complainant to behaviour referred to in paragraphs (a) to (e.2) directed at another person;

  • (g) the accused received an undue benefit in relation to the labour or service;

  • (h) the complainant is vulnerable, including because of age, mental or physical disability or personal circumstances such as the use of intoxicating substances, isolation, social or economic disadvantage, immigration status or any circumstance that has resulted or may result in victimization;

  • (i) the accused manipulated the complainant by targeting their vulnerabilities.

• Marginal note:Organ or tissue removal

  (3) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

• Marginal note:For greater certainty

  (4) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.