Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_12
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 4342–6799

12  Sections 270.4 to 270.9 of the Criminal Code
Repeal the sections, substitute:

Subdivision C—Slavery‑like conditions

270.4  Definition of servitude
 (1) For the purposes of this Division, servitude is the condition of a person (the victim) who provides labour or services, if, because of the use of coercion, threat or deception:
 (a) a reasonable person in the position of the victim would not consider himself or herself to be free:
 (i) to cease providing the labour or services; or
 (ii) to leave the place or area where the victim provides the labour or services; and
 (b) the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of the labour or services.
 (2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
 (3) The victim may be in a condition of servitude whether or not:
 (a) escape from the condition is practically possible for the victim; or
 (b) the victim has attempted to escape from the condition.

270.5  Servitude offences

Causing a person to enter into or remain in servitude

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct causes another person to enter into or remain in servitude.
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or
 (b) in any other case—imprisonment for 15 years.

Conducting a business involving servitude
 (2) A person commits an offence if:
 (a) the person conducts any business; and
 (b) the business involves the servitude of another person (or persons).
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or
 (b) in any other case—imprisonment for 15 years.

Alternative verdict of forced labour
 (3) Subsection (4) applies if, in a prosecution for an offence (the servitude offence) against a provision listed in column 1 of the following table, the trier of fact:
 (a) is not satisfied that the defendant is guilty of that offence; but
 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the forced labour offence) against the corresponding provision listed in column 2 of the table.
Servitude and forced labour offences
Item                                  Column 1                        Column 2
                                      Servitude offences              Forced labour offences