Under the Canadian Charter of Rights and Freedoms, you have the right to be told promptly why you are being detained (s. 10(a)), the right to retain and instruct a lawyer without delay and to be informed of that right (s. 10(b)), and the right to have your detention reviewed by a court (habeas corpus, s. 10(c)). You also have the right to remain silent — anything you say can be used against you. You are not required to answer questions beyond providing your name and address.

You will be held for a bail (show cause) hearing, typically within 24 hours. A justice of the peace will decide whether to release you, release you with conditions, or detain you until trial. Human trafficking charges are serious, and Crown counsel may seek detention. After bail is addressed, your case will proceed through disclosure, preliminary inquiry (if applicable), and trial.

Human trafficking is defined in s. 279.01 of the Criminal Code as recruiting, transporting, transferring, receiving, holding, concealing, or harbouring a person — or exercising control, direction, or influence over the movements of a person — for the purpose of exploiting them or facilitating their exploitation.

Three core elements the Crown must prove:

The alleged victim's consent is explicitly not a defence (s. 279.01(3)). Crossing a border is also not required — most charged cases involve trafficking entirely within Canada.

"Exploitation" is defined in s. 279.04 of the Criminal Code. A person exploits another if they cause that person to provide or offer to provide labour or a service — including sexual services — by engaging in conduct that could reasonably be expected to cause that person to believe their safety, or the safety of someone known to them, would be threatened if they refused. Courts assess exploitation from an objective standard — whether a reasonable person in the victim's position would believe their safety was at risk — not solely based on the victim's subjective belief.

Forms of exploitation recognized by courts:

Disclosure is the Crown's constitutional obligation (arising from R v Stinchcombe) to provide your defence with all relevant evidence in its possession — including evidence that may help your case. This includes police notes, witness statements, surveillance records, electronic communications, and any exculpatory material. Reviewing disclosure thoroughly is one of the most important steps in building your defence.

As of 2019, preliminary inquiries are only available for offences carrying a maximum sentence of 14 years or more (s. 535). Since s. 279.01 qualifies, your lawyer may be able to request one. A preliminary inquiry allows the defence to test the Crown's evidence and cross-examine witnesses before trial. Your lawyer will advise whether it is strategically beneficial.

Defences vary significantly based on the facts. Common approaches include: challenging whether the Crown can prove exploitation beyond a reasonable doubt; disputing identification; arguing the accused lacked the required intent (mens rea); raising Charter violations (e.g., unlawful search and seizure, improper interrogation) that may lead to exclusion of evidence; and challenging the admissibility of electronic communications or surveillance. Every case is different — only your own lawyer can advise which defences apply.

Yes. If police violated your Charter rights — for example, by searching your phone or home without a valid warrant, failing to inform you of your right to counsel, or taking a statement after you invoked your right to silence — your lawyer can bring a Charter application to exclude that evidence under s. 24(2). In serious cases, a court may stay the proceedings entirely. Evidence gathered in violation of the Charter is not automatically excluded; the judge weighs the seriousness of the violation against the impact on the justice system's reputation.