Access to Compensation for Trafficked Persons in Canada

Author: Baglay, Sasha

Abstract: The article examines access to compensation for persons trafficked to and within Canada. It discusses the advantages and limitations as well as the interplay of four compensation mechanisms: restitution as a part of a criminal process, compensation from state victim funds, civil lawsuits for damages, and labor/human rights complaints. Neither of them has been specifically designed or subsequently modified to address the particular circumstances of trafficked persons, resulting in difficulties in access to and receipt of compensation by this group. Given the importance of compensation for achieving sustainable protection solutions for trafficked persons, a comprehensive study of the issue and strategic/policy action is necessary to improve access to compensation.

Keywords: human trafficking, compensation, restitution, remedies, labor complaints, civil lawsuit, state compensation schemes, victims of crime, human rights