Online human trafficking is a growing concern in Canada. Evidence-based reforms are key to protecting vulnerable people from being exploited.
Human trafficking (HT) and sex trafficking specifically is one of the most profitable crimes worldwide, with an estimated profit of more than $206 billion a year. In 2025, it is estimated that over 27 million individuals (mostly girls and women) are trafficked annually. In Canada, there is no reliable data, but various sources, including the Canadian Centre to End Human Trafficking, have produced various reports showing that the blight of human trafficking and sexual exploitation (SE) is a serious concern.
In recent years, digital technologies (e.g. the internet, smartphones, digital cameras, online gaming consoles, messaging apps, digital payment systems, and even smartwatches) have become omnipresent, supporting a wide range of tasks. A recent report shows that more than 98% of Canadians now use some form of digital technology. As a result, it has become a new tool for buyers of commercial sex and sex traffickers to recruit and exploit people, mostly those in vulnerable situations.
The evolving trends have posed many challenges for the legal community as they deal with an increasing number of cases where mostly girls and women have been recruited online for SE by traffickers and buyers. It has also fueled demand for such activity, in part because it allows buyers to be anonymous.
The 2000 United Nations Palermo Protocol, which Canada became a signatory to in 2001, required member states to combat HT across four main areas:
- prevent HT mainly through education, and as outlined in Article 9 of the Protocol, to take measures to reduce the demand for commercial sex/SE;
- protect and assist the victims of HT with full respect for their human rights;
- prosecute the perpetrators of HT; and
- to promote partnerships/cooperation among State parties to meet the Protocol’s objectives.
In addition to these four pillars, Canada has a fifth pillar: empowering victims of HT through services that help them regain control and independence. For example, the Protection of Communities and Exploited Persons Act (PCEPA, 2014) treats prostitution as a form of SE. It aims to protect individuals who sell sexual services, safeguard communities, and reduce demand by making the purchase of such services illegal.
To date, despite substantial resources allocated to combating online SE, conventional efforts have yielded limited success. Prosecution rates in Canada remain well below 3%, and the number of victims appears to be rapidly increasing.
In partial response to this problem, we undertook a study, sponsored by the EmpowerMen Project, on how we can begin to reduce the demand for illicit commercial sex to try to understand and ultimately develop national guidelines that could help reduce online demand for commercial sex. Part of the data collection involved reviewing 95 cases on CanLII from 2015 to 2025 that addressed the use of digital technology in SE. To the best of our knowledge, this is the first Canadian study to collect cases and analyze the findings.
The following section is a summary of the main findings. The article then concludes with several recommendations.
Key findings on SE and the use of digital technology
Although an exploratory study, the findings offer a valuable snapshot of relevant cases and highlight common themes in the legal system’s responses. To complement the case review, we surveyed and interviewed law enforcement officers and conducted a national survey of Crown prosecutors and defence counsel with experience in SE or sex‑trafficking matters involving digital technology. Because the response rate was low, the survey was used only to support selected findings.
The following are some of the main findings from the court cases.
The People Involved
- Most of the victims were females between the ages of 11 and 20. In 68% of the cases, they were used to recruit other victims.
- Approximately 80% of the cases involved a buyer or seller (trafficker). The rest of the cases involved third‑party facilitators.
- Nearly 97% of the offenders were male.
- Over 90% of the cases were Canadian-based. In most cases, the victims were trafficked online through multiple jurisdictions.
The Charges
- Approximately 80% of the charges were for kidnapping and forcible confinement (section 279 of the Criminal Code)
- In approximately 15-20% of cases, the defendant faced multiple offences.
How Technology Was Used
- Several cases involved generative AI. Most cases involved open-source digital platforms such as YouTube, Facebook, Instagram, Tinder, Telegram, and Snapchat.
The Court Process
- Despite the complexity of human trafficking cases and the digital sphere, the court only consulted ‘experts’ in around 48% of the cases. Most of the ‘experts’ were investigating law enforcement officers. The court consulted a psychologist or forensic or academic experts in only five cases.
- None of the sentences exceeded 5 years. In approximately 40% of the cases, the sentence was 2 years or more. The possible penalty for trafficking offences can range from 5 years to life, depending on the nature of the offence. For non-aggravated cases, there is no minimum.
- The Canadian Charter of Rights and Freedoms (primarily Section 1) was challenged in less than 15% of the cases.
- Even though most of the cases revealed ‘clear’ elements of exploitation, the court tends to deal with them as prostitution cases and gives limited attention to the buyer or reducing demand for SE.
Gaps in the System
- The relatively low number of CanLII cases is due to the broad use of legislation, ambiguous laws to address HT and SE, confusion around legislation, or a lack of clear legislation.
- Consistent with the lawyer feedback and related international studies, there was a notable lack of information (e.g. demographics) about the accused.
- Although online SE and trafficking typically involve financial gain, very few cases mentioned any money being exchanged. Only one judgment noted a $500 payment from the victim to the trafficker for “protection.” In 2–3 cases, the exploitation happened in exchange for a ride home.
Summary and Recommendation
While this article and study focused on limitations in the Canadian legal system’s response to online SE/sex trafficking cases, the challenges are not unique to the Canadian legal system. Nevertheless, in addition to the seriousness of the crime and its growing prevalence, the study represents a noteworthy contribution to the Canadian legal system’s ability to process such cases more effectively and efficiently.
Based on the project’s findings and in no order, we offer the following recommendations.
1. Put survivors first
- Give greater attention to supporting survivor-centred input and outcomes during the case process.
- Encourage trauma‑informed approaches to victim testimony to reduce reliance on rigid credibility assessments in court or during the evidentiary process.
2. Create clear guidelines for prosecution
- Establish guidelines for prosecution that would lead to a standard interpretation of control, exploitation, purpose, and fear for safety in trafficking prosecutions that involve technology.
3. Improve education for judges and lawyers
- Create judicial education modules that distinguish trafficking from consensual sex work and “domestic pimping,” and emphasize the coercive dynamics common in online exploitation.
- Many offenders were charged without “aggravating” factors, which may reflect decisions to proceed below mandatory minimum thresholds. This does not align with the complexity of cases seen by frontline agencies. This suggests a need for more training for Crown and defence lawyers on digital evidence, platform metadata, and cross‑jurisdictional victim movement.
4. Strengthen the use of expert evidence
- Establish a national roster of qualified experts available to testify on coercion, grooming, trauma, and the nuances of online exploitation.
- In complex cases, especially those involving minors or multi-platform recruitment, it is essential to enlist the expertise of seasoned professionals. Their specialized knowledge is vital to navigating these challenges effectively and ethically.
- Provide funding for Crown prosecutors to retain experts in complex cases, especially those involving minors or multi‑platform recruitment.
5. Develop mechanisms to review plea agreements
- Develop internal review mechanisms for plea agreements in cases involving minors or clear indicators of coercion.
6. Standardize reporting of information
- Require standardized reporting of demographic information for both accused and victims in trafficking cases.
7. Pilot specialized trafficking courts
- Pilot specialized trafficking courts with trained judges, trauma‑informed procedures, and integrated digital‑evidence expertise.
Given the project’s findings, it is clear that Canada’s legal response to online SE and sex trafficking remains uneven. The current system is frequently ill‑equipped for the complexity of these offences. Regular reliance on lesser charges, limited expert involvement, and inconsistent interpretation of trafficking elements all contribute to low conviction rates and comparatively short sentences. Although not exhaustive, the recommendations directly address these challenges. Evidence-informed reforms are essential to ensure the system better reflects the seriousness of the harm and protects those most vulnerable to online SE.
Looking for more information?
Looking for articles like this one to be delivered right to your inbox? SUBSCRIBE NOW!
DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About John Winterdyk
About Tonia Tsoulamanis
About Hennes Doltze
