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Canada
Summary of Domestic Prohibition
Slavery and slave trade
There appears to be no legislation in place in Canada which prohibits slavery, although the Crimes Against Humanity and War Crimes Act 2000 criminalises crimes against humanity and war crimes both within and outside of Canada, of which enslavement and sexual slavery may form constituent elements.
Practices similar to slavery and servitude
There appears to be no legislation in place in Canada which prohibits institutions and practices similar to slavery, although the Zero Tolerance for Barbaric Cultural Practices Act criminalises celebrating, aiding, or participating in a marriage rite or ceremony where one party is marrying against their will.
Servitude
There appears to be no legislation in place in Canada which prohibits servitude.
Forced or compulsory labour
There appears to be no legislation in place in Canada which prohibits forced labour.
Human trafficking
Provisions related to trafficking in persons are found in the Criminal Code which prohibits trafficking in persons at article 279.01 and receiving a financial or material knowingly obtained by or derived from trafficking in persons at article 292.02. The Immigration and Refugee Protection Act (IRPA) also established a separate offense of “human smuggling and trafficking in Section 117. This provision does not include exploitation as an essential element of the crime.
Forced marriage
Provisions related to forced marriage in Canada are found in the 2020 Criminal Code, which addresses forced marriage at Article 293, with a potential penalty of imprisonment up to five years. Forced marriage is defined as celebrating, aiding or participating in a marriage knowing that one of the persons being married is marrying against their will.
Consent to marriage
Provisions requiring consent to marriage in Canada are found in the Civil Marriage Act 2005, article 2.1 of which states that marriage requires the free and enlightened consent of two persons to be the spouse of each other. Article 2.2 further recognizes that the consent of a party or prospective party to a marriage is invalidated where the person is under marital capacity.
Servile marriage
There appears to be no legislation in Canada that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Canada that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Canada is 16, without differentiation by gender, as set out on Article 293 of the 2020 Criminal Code and Article 2 of the 2005 Civil Marriage Act. Marriages involving a person below the minimum age constitute an offence under Article 293 of the 2020 Criminal Code, with a potential penalty of imprisonment for not more than five years. There are no exceptions allowing marriage below this minimum age.
Region
Western Europe and Others
Regional Court
Not party to a court
Legal System
Common
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- ASEAN Regional Forum
- Organisation of American States
Legislative Provisions
CONSTITUTION ACT, 1982
1. Rights and freedoms in Canada
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
7. Life, liberty and security of person
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
9. Detention or imprisonment
Everyone has the right not to be arbitrarily detained or imprisoned.
12. Treatment or punishment
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
24.
1. Enforcement of guaranteed rights and freedoms
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
CRIMINAL CODE
Trafficking in persons
279.01
(1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable
(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
(b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.
Marginal note: Consent
(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.
279.02 Material benefit — trafficking
(1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Marginal note: Material benefit — trafficking of person under 18 years
(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.
279.03 Withholding or destroying documents — trafficking
(1) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Marginal note: Withholding or destroying documents — trafficking of person under 18 years
(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.
279.04 Exploitation
(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.
Factors
(2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused
(a) used or threatened to use force or another form of coercion;
(b) used deception; or
(c) abused a position of trust, power or authority.
292
(1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
THE IMMIGRATION AND REFUGEE PROTECTION ACT (2001, AMENDED 2019)
Human Smuggling and Trafficking
Section 117
(1) No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of this Act.
Penalties — fewer than 10 persons
(2) A person who contravenes subsection (1) with respect to fewer than 10 persons is guilty of an offence and liable
(a) on conviction on indictment
(i) for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or
(ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and
(b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both.
Penalty — 10 persons or more
(3) A person who contravenes subsection (1) with respect to a group of 10 persons or more is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.
Minimum penalty — fewer than 50 persons
(3.1) A person who is convicted on indictment of an offence under subsection (2) or (3) with respect to fewer than 50 persons is also liable to a minimum punishment of imprisonment for a term of
(a) three years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) five years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.
Minimum penalty — 50 persons or more
(3.2) A person who is convicted of an offence under subsection (3) with respect to a group of 50 persons or more is also liable to a minimum punishment of imprisonment for a term of
(a) five years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) 10 years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.
LABOUR CODE
178 Minimum wage
(1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate
(a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or
(b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.
CRIMES AGAINST HUMANITY AND WAR CRIMES ACT (2000)
Offences within Canada
4. Genocide, etc., committed in Canada
(1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
(2) Every person who commits an offence under subsection (1) or (1.1)
(a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and
(b) is liable to imprisonment for life, in any other case.
(3) The definitions in this subsection apply in this section.
“crime against humanity” means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission
“war crime” means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
Offences outside Canada
6 Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming
into force of this section, commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted
for that offence in accordance with section 8.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
(2) Every person who commits an offence under subsection (1) or (1.1)
(a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and
(b) is liable to imprisonment for life, in any other case.
(3) The definitions in this subsection apply in this section.
“crime against humanity” means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
“war crime” means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
ZERO TOLERANCE FOR BARBARIC CULTURAL PRACTICES ACT S.C. 2015, C.29
293.1
Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
293.2
Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Zero Tolerance for Barbaric Cultural Practices Act 2015 (PDF)
CRIMINAL CODE 1985 (AMENDED 2020)
PART VIII Offences Against the Person and Reputation
214 Definitions
In this Part,
…
form of marriage includes a ceremony of marriage that is recognized as valid
(a) by the law of the place where it was celebrated, or
(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated;
…
PART VIII Offences Against the Person and Reputation
Offences Against Conjugal Rights
292 Procuring feigned marriage
(1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
293.1 Forced marriage
Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
293.2 Marriage under age of 16 years
Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Unlawful Solemnization of Marriage
294 Pretending to solemnize marriage
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(a) solemnizes or pretends to solemnize a marriage without lawful authority; or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.
295 Marriage contrary to law
Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction
PART XXVII Summary Convictions
Sureties to Keep the Peace
810.02 Fear of forced marriage or marriage under age of 16 years
(1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge.
(2) The judge who receives the information may cause the parties to appear before a provincial court judge.
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.
(5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.
(6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that
(a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;
(b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;
(c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;
(d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;
(e) require the defendant to participate in a treatment program, including a family violence counselling program;
(f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
and
(g) require the defendant to return to and remain at their place of residence at specified times.
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.
(9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
CIVIL MARRIAGE ACT 2005
2 Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.
2.1 Marriage requires the free and enlightened consent of two persons to be the spouse of each other.
2.2 No person who is under the age of 16 years may contract marriage.