Introduction

Under the umbrella of the National Strategy to Combat Human Trafficking (2019-2024), this study sought to (a) identify and provide up-to-date trauma- and violence-informed research, resources, and tools currently used by law enforcement in Canada to assist investigations of human trafficking cases and to (b) identify good or promising practices that have arisen in working with victims of human trafficking in Canada.

This report is the product of broad-based expertise gathered through a literature review and a series of meetings with police officers and experts who are practitioners in the field of human trafficking. It is intended to better equip criminal justice officials to address the challenges of human trafficking in reference to sexual exploitation. The practices and insights offered reveal the complexities of the subject matter and better enable practitioners to assist human-trafficking victims.

Human trafficking is a new name for an age-old problem. In its modern-day form, it is frequently linked to slavery, human smuggling, the sex trade, and a host of related illicit activities. As the long-term physical, mental, social, and economic consequences of human trafficking are better understood, perceptions about this crime and how law enforcement officers need to respond are evolving. The duty to assist victims, often facing additional disadvantages in life conditions, choices, and opportunity, has never been greater.

Statistics Canada’s 2022 report on human trafficking found that between 2010 and 2020 Canadian police services reported 2,977 incidents of human trafficking (the actual numbers may be much higher due to underreporting and difficulty tracking). Ninety-six percent of the victims were female and 25% of victims were under the age of 18 (Statistics Canada, 2022).

Public Safety Canada (2019) states that individuals at greatest risk of human trafficking are women, girls, as well as Indigenous women, LGBTQ2 individuals, and at-risk youth. Officials understand the number and range of support services required in human trafficking cases can be unlike any other type of investigation. Those who have been trafficked may also be in conflict with the law because they sometimes commit other criminal activities for their traffickers, including selling drugs, committing fraud, and trafficking others. This can leave people unwilling to turn to law enforcement. Trafficking is frequently linked to many other serious offences and to psychological trauma. The multiple approaches required to combat it suggest that traditional criminal justice responses–such as uniformly questioning victims in the same way–can be outdated, inappropriate, or even counterproductive.

Police are normally considered a source of protection but can be seen very differently by those who have been trafficked or marginalized by society. Experienced officers report that trafficking victims may not behave like other crime victims. Their impaired psychological health as a result of being victimized combined with misleading information provided by their traffickers can condition them to see law enforcement as “the enemy.” Language and cultural differences can also be an obstacle to effective communication (Beune et al., 2009; Hope et al., 2021). Standard institutional practices, such as videotaped KGB police interviews, may be harmful to a victim’s emotional and physical well-being.

The added presence of trauma, a potentially devastating and often misunderstood variable, makes this crime even more complex. Just as intimate partner violence, radicalization, and “Stockholm Syndrome” have become recognized models for explaining otherwise criminal human behavior, trafficked victims can exhibit similar unpredictable behaviour and perceptions. Hostility, inappropriate humour, or aggression toward authorities is not uncommon. Victims may reject overwhelming evidence that they have been deceived or manipulated by those in positions of trust. Their statements may be contradictory. Officials are increasingly learning how those who have been trafficked have unique psychological needs.

With law enforcement investing significant resources into these investigations, there are high expectations on police to navigate the layered problems faced by those who have been trafficked. Yet police commonly lack the training, tools, and experience necessary to identify and effectively address this problem (Farrell et al., 2015).

When a trauma-informed lens and victim-centered approach are applied to human trafficking, the need for progressive, layered investigative strategies becomes evident (Milam et al., 2017). Unfortunately, a victim-centered approach does not pair well with a crime control model. When dealing with suspected victims of sexual exploitation and sex trafficking, it may be useful for police to think differently. Trafficking victims are unlikely to accept assistance in leaving a trafficker until multiple outreach efforts have occurred, and even the most well-intentioned officer can drive a victim further underground. Making every reasonable effort for the safety of a victim may necessitate prioritizing safety ahead of criminal charges. Officers in human-trafficking cases may find themselves following their own version of the physician’s Hippocratic Oath–"First, do no harm”–where they conclude that victims’ needs might be more important than laying charges.

Minimizing the negative psychological impact of investigations while improving investigative approaches to human trafficking are among the goals of the National Strategy to Combat Human Trafficking (2019-2024). We suggest that advancing awareness about human trafficking, improving responses tailored to victims in survival mode, providing useful investigative strategies, and improving the overall responses of law enforcement agencies to this national priority have become realistic goals to reduce human trafficking. The first part of this report discusses what we have already learned about the relationship between perpetrator and victim, the psychological effects of trauma, how to build rapport with victims, de-escalation techniques, and policing in a diverse society. The second part focuses on insights from the semi-structured interviews with experienced officers that can be used to show what and how practices are used in an applied real life setting.