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Criminal Code

s. 279.02 Material Benefit from Trafficking

Material benefit — trafficking

  • Kidnapping & Trafficking in Persons
  • Kidnapping & Trafficking
Maximum sentence
10 years (benefit) / 14 years (victim under 18)
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 279.02
Verify on justice.gc.ca(opens in a new tab)
  • (1)Every person 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 (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
  • (b)an offence punishable on summary conviction.
  • (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.
Amendment History (4)
  • 2005, c. 43, s. 3
  • 2010, c. 3, s. 3
  • 2014, c. 25, s. 19
  • 2019, c. 25, s. 104

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This offence is taking money or another material benefit from human trafficking, knowing where it came from. Where the benefit comes from trafficking under s.279.01, whatever the victim’s age, it is hybrid with a top sentence of 10 years. Where it comes from trafficking a person under 18 (s.279.011), it must be charged by indictment and the top sentence is 14 years. IRPA s.36(3)(a) treats the offence as indictable. Both forms are serious criminality under s.36(1)(a). It may also bring in organized criminality under s.37, where it was part of a criminal group's activity or of transnational crime.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Related sections

Criminal Code s. 279.01Trafficking in PersonsIndictableCriminal Code s. 279.03Withholding or Destroying Documents (Trafficking)HybridCriminal Code s. 462.31Laundering Proceeds of CrimeHybrid