Responses to human trafficking are situated within a transnational criminal law framework that ai... more Responses to human trafficking are situated within a transnational criminal law framework that aims to address criminal actions through prosecution, while promoting the inclusion of human rights to prevent trafficking and protect and assist victims of trafficking. Responses to trafficking have been critiqued for overemphasizing criminal prosecution at the expense of human rights. This chapter explores the limits of enforcement-based and prosecution-oriented approaches from a human rights lens. Beyond a simple dichotomy between human rights versus prosecution, the chapter considers how anti-trafficking notions of prevention and protection also reinforce enforcement-based responses that result in ongoing violations of human rights.
This report continues our ongoing longitudinal work (2014-2020) empirically examining the chargin... more This report continues our ongoing longitudinal work (2014-2020) empirically examining the charging and prosecution of Canadian trafficking in persons offences. In addition to documenting the complex legal issues and challenges that arise in enforcing anti-trafficking laws, we focus our attention on the application and interpretation of law. Our findings solidify scholarly concerns about the effects of ongoing conflations of sex work and human trafficking, and the expansion of criminalization and other forms of legal regulation related to the commercial sex sector. Besides affirming the known list of harmful effects of legislative expansionism for the persons subjected to criminal and immigration law enforcement actions, our findings suggest that the criminalization of sex work via anti-trafficking law raises other potentially vexed legal issues. In this report, we outline several findings that expose concerns about the judicial interpretation of the elements of trafficking offences, the inherent difficulties with witness credibility and victim treatment in courts, problematic evidentiary requirements specific to anti trafficking laws, and the use of expert opinion evidence in trials. We also argue that Canadian anti trafficking laws potentially infringe fundamental principles of justice such as the rule of law and the principle of res judicata. These findings demonstrate a troubling trend towards increasing barriers to justice for sex workers and lay bare the intersecting effects of crimmigration, the stigmatization of commercial sex, and inequality in labour rights. To reduce labour exploitation, action must be taken to address the structural causes for precarious working conditions across all forms of labour.
The Palgrave International Handbook of Human Trafficking, 2019
Responses to human trafficking are situated within a transnational criminal law framework that ai... more Responses to human trafficking are situated within a transnational criminal law framework that aims to address criminal actions through prosecution, while promoting the inclusion of human rights to prevent trafficking and protect and assist victims of trafficking. Responses to trafficking have been critiqued for overemphasizing criminal prosecution at the expense of human rights. This chapter explores the limits of enforcement-based and prosecution-oriented approaches from a human rights lens. Beyond a simple dichotomy between human rights versus prosecution, the chapter considers how anti-trafficking notions of prevention and protection also reinforce enforcement-based responses that result in ongoing violations of human rights.
This report continues our ongoing longitudinal work (2014-2020) empirically examining the chargin... more This report continues our ongoing longitudinal work (2014-2020) empirically examining the charging and prosecution of Canadian trafficking in persons offences. In addition to documenting the complex legal issues and challenges that arise in enforcing anti-trafficking laws, we focus our attention on the application and interpretation of law. Our findings solidify scholarly concerns about the effects of ongoing conflations of sex work and human trafficking, and the expansion of criminalization and other forms of legal regulation related to the commercial sex sector. Besides affirming the known list of harmful effects of legislative expansionism for the persons subjected to criminal and immigration law enforcement actions, our findings suggest that the criminalization of sex work via anti-trafficking law raises other potentially vexed legal issues. In this report, we outline several findings that expose concerns about the judicial interpretation of the elements of trafficking offences, the inherent difficulties with witness credibility and victim treatment in courts, problematic evidentiary requirements specific to anti trafficking laws, and the use of expert opinion evidence in trials. We also argue that Canadian anti trafficking laws potentially infringe fundamental principles of justice such as the rule of law and the principle of res judicata. These findings demonstrate a troubling trend towards increasing barriers to justice for sex workers and lay bare the intersecting effects of crimmigration, the stigmatization of commercial sex, and inequality in labour rights. To reduce labour exploitation, action must be taken to address the structural causes for precarious working conditions across all forms of labour.
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
In Canada, there are persistent allegations and some empirical evidence suggesting racialized pol... more In Canada, there are persistent allegations and some empirical evidence suggesting racialized police bias; certain (non-White) groups appear to face over-enforcement as criminal suspects and under-enforcement as victims. Yet, it is challenging to prove or disprove these claims. Unlike other countries, where governments routinely publish police-reported crime and criminal court data identifying the race/ethnicity of criminal suspects and victims, Canada maintains a ban on the publication of such data. In this article, using an intersectional and critical analysis, we examine 127 prosecuted (predominantly domestic sex) trafficking cases and explore related claims of racial and gender bias together with sensationalism in the enforcement of Canadian anti-trafficking in persons laws. Our findings align with other empirical research observing the racially selective identification and prosecution of sex trafficking cases through a heteronormative and gender binary lens. Whether real or per...
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
In Canada, there are persistent allegations and some empirical evidence suggesting racialized pol... more In Canada, there are persistent allegations and some empirical evidence suggesting racialized police bias; certain (non-White) groups appear to face over-enforcement as criminal suspects and under-enforcement as victims. Yet, it is challenging to prove or disprove these claims. Unlike other countries, where governments routinely publish police-reported crime and criminal court data identifying the race/ethnicity of criminal suspects and victims, Canada maintains a ban on the publication of such data. In this article, using an intersectional and critical analysis, we examine 127 prosecuted (predominantly domestic sex) trafficking cases and explore related claims of racial and gender bias together with sensationalism in the enforcement of Canadian anti-trafficking in persons laws. Our findings align with other empirical research observing the racially selective identification and prosecution of sex trafficking cases through a heteronormative and gender binary lens. Whether real or per...
Responses to human trafficking are situated within a transnational criminal law framework that ai... more Responses to human trafficking are situated within a transnational criminal law framework that aims to address criminal actions through prosecution, while promoting the inclusion of human rights to prevent trafficking and protect and assist victims of trafficking. Responses to trafficking have been critiqued for overemphasizing criminal prosecution at the expense of human rights. This chapter explores the limits of enforcement-based and prosecution-oriented approaches from a human rights lens. Beyond a simple dichotomy between human rights versus prosecution, the chapter considers how anti-trafficking notions of prevention and protection also reinforce enforcement-based responses that result in ongoing violations of human rights.
This report continues our ongoing longitudinal work (2014-2020) empirically examining the chargin... more This report continues our ongoing longitudinal work (2014-2020) empirically examining the charging and prosecution of Canadian trafficking in persons offences. In addition to documenting the complex legal issues and challenges that arise in enforcing anti-trafficking laws, we focus our attention on the application and interpretation of law. Our findings solidify scholarly concerns about the effects of ongoing conflations of sex work and human trafficking, and the expansion of criminalization and other forms of legal regulation related to the commercial sex sector. Besides affirming the known list of harmful effects of legislative expansionism for the persons subjected to criminal and immigration law enforcement actions, our findings suggest that the criminalization of sex work via anti-trafficking law raises other potentially vexed legal issues. In this report, we outline several findings that expose concerns about the judicial interpretation of the elements of trafficking offences, the inherent difficulties with witness credibility and victim treatment in courts, problematic evidentiary requirements specific to anti trafficking laws, and the use of expert opinion evidence in trials. We also argue that Canadian anti trafficking laws potentially infringe fundamental principles of justice such as the rule of law and the principle of res judicata. These findings demonstrate a troubling trend towards increasing barriers to justice for sex workers and lay bare the intersecting effects of crimmigration, the stigmatization of commercial sex, and inequality in labour rights. To reduce labour exploitation, action must be taken to address the structural causes for precarious working conditions across all forms of labour.
The Palgrave International Handbook of Human Trafficking, 2019
Responses to human trafficking are situated within a transnational criminal law framework that ai... more Responses to human trafficking are situated within a transnational criminal law framework that aims to address criminal actions through prosecution, while promoting the inclusion of human rights to prevent trafficking and protect and assist victims of trafficking. Responses to trafficking have been critiqued for overemphasizing criminal prosecution at the expense of human rights. This chapter explores the limits of enforcement-based and prosecution-oriented approaches from a human rights lens. Beyond a simple dichotomy between human rights versus prosecution, the chapter considers how anti-trafficking notions of prevention and protection also reinforce enforcement-based responses that result in ongoing violations of human rights.
This report continues our ongoing longitudinal work (2014-2020) empirically examining the chargin... more This report continues our ongoing longitudinal work (2014-2020) empirically examining the charging and prosecution of Canadian trafficking in persons offences. In addition to documenting the complex legal issues and challenges that arise in enforcing anti-trafficking laws, we focus our attention on the application and interpretation of law. Our findings solidify scholarly concerns about the effects of ongoing conflations of sex work and human trafficking, and the expansion of criminalization and other forms of legal regulation related to the commercial sex sector. Besides affirming the known list of harmful effects of legislative expansionism for the persons subjected to criminal and immigration law enforcement actions, our findings suggest that the criminalization of sex work via anti-trafficking law raises other potentially vexed legal issues. In this report, we outline several findings that expose concerns about the judicial interpretation of the elements of trafficking offences, the inherent difficulties with witness credibility and victim treatment in courts, problematic evidentiary requirements specific to anti trafficking laws, and the use of expert opinion evidence in trials. We also argue that Canadian anti trafficking laws potentially infringe fundamental principles of justice such as the rule of law and the principle of res judicata. These findings demonstrate a troubling trend towards increasing barriers to justice for sex workers and lay bare the intersecting effects of crimmigration, the stigmatization of commercial sex, and inequality in labour rights. To reduce labour exploitation, action must be taken to address the structural causes for precarious working conditions across all forms of labour.
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
In Canada, there are persistent allegations and some empirical evidence suggesting racialized pol... more In Canada, there are persistent allegations and some empirical evidence suggesting racialized police bias; certain (non-White) groups appear to face over-enforcement as criminal suspects and under-enforcement as victims. Yet, it is challenging to prove or disprove these claims. Unlike other countries, where governments routinely publish police-reported crime and criminal court data identifying the race/ethnicity of criminal suspects and victims, Canada maintains a ban on the publication of such data. In this article, using an intersectional and critical analysis, we examine 127 prosecuted (predominantly domestic sex) trafficking cases and explore related claims of racial and gender bias together with sensationalism in the enforcement of Canadian anti-trafficking in persons laws. Our findings align with other empirical research observing the racially selective identification and prosecution of sex trafficking cases through a heteronormative and gender binary lens. Whether real or per...
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
In Canada, there are persistent allegations and some empirical evidence suggesting racialized pol... more In Canada, there are persistent allegations and some empirical evidence suggesting racialized police bias; certain (non-White) groups appear to face over-enforcement as criminal suspects and under-enforcement as victims. Yet, it is challenging to prove or disprove these claims. Unlike other countries, where governments routinely publish police-reported crime and criminal court data identifying the race/ethnicity of criminal suspects and victims, Canada maintains a ban on the publication of such data. In this article, using an intersectional and critical analysis, we examine 127 prosecuted (predominantly domestic sex) trafficking cases and explore related claims of racial and gender bias together with sensationalism in the enforcement of Canadian anti-trafficking in persons laws. Our findings align with other empirical research observing the racially selective identification and prosecution of sex trafficking cases through a heteronormative and gender binary lens. Whether real or per...
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