R. v. A.M.

Summary

The SCC held that s. 276 does not categorically govern sexual-services or human-trafficking prosecutions. It applies only when an enumerated offence is a predicate or included offence, or all its elements are implicated in the particular proceeding. Commercial-context evidence may support legitimate inferences, but not propensity reasoning. The Crown appeal was dismissed and new trials remain ordered.

Outcome

The unanimous Court dismissed the Crown appeal, affirmed the quashing of the respondents’ convictions under ss. 286.2(1), 286.3(1) and 286.4, and left the ordered new trials in place. The earlier human-trafficking acquittals were not disturbed.

Why this case matters

Section 276 reaches a non-enumerated prosecution only when an enumerated offence is a predicate or included offence or all its elements are implicated, and prior sex-work evidence may support contextual but not propensity reasoning.

Paragraph references

Moreau J. for a unanimous Court. Barton’s three routes to engaging s. 276 are stated at paras. 68-72; early identification is recommended at para. 74. Categorical application is rejected at paras. 42-64 and 75. Extending Seaboyer is rejected at paras. 78-84. Legitimate commercial/contextual inferences and prohibited propensity reasoning are distinguished at paras. 88-91; trial-judge safeguards appear at paras. 94-98. Disposition: para. 100.