Ontario Court Allows Human Trafficking Survivors to Testify via Video to Avoid Trauma Triggers
BRAMPTON: In a significant ruling aimed at protecting victim welfare, two human trafficking survivors will be permitted to testify remotely via video link from Sudbury during an ongoing trial in Brampton. The Ontario Superior Court of Justice granted the request after the women asserted that returning to Southern Ontario would inflict severe emotional hardship, revive deep-seated trauma, and disrupt their current lives.
The case involves arrests made under “Project Uptown,” an extensive anti-trafficking investigation launched in October 2022. Ontario Provincial Police laid a total of 81 charges against six suspects. Five female survivors from Sudbury, who were between the ages of 16 and 25 at the time of their victimization, are central to the case. According to the police, three of the victims were minors when they were being trafficked. The six accused, ranging in age from 34 to 45, were arrested across various locations, including Burlington, Mississauga, Ottawa, Penetanguishene, and St. Catharines.
Two of the victims stated that traveling back to the jurisdiction to testify against three of the accused—Francis Antoine, Jeffery Cheddesingh, and an individual identified as H.K.—would pose a significant burden. One of the survivors, a single parent, explained that she has a seven-year-old autistic child who requires constant care, and she lacks a personal support network to assist with childcare during her absence. Furthermore, she continues to battle post-traumatic stress disorder (PTSD), noting that returning to the region would trigger her condition.
The second victim, who also suffers from PTSD, shared that she has been clean from a multi-year drug addiction for the past seven months. She expressed fear that returning to Brampton without a support system could cause a relapse. Because the alleged offenses took place in hotels, she explained that her trauma now prevents her from staying in hotels altogether. She also voiced a profound fear of being in the same room as the accused. The request for remote testimony was opposed only by the defense counsel for Cheddesingh.
In his ruling, Justice Michael Derstine emphasized that modern video technology allows for uninterrupted, high-quality court appearances daily. Since this is a judge-only trial, he noted that video testimony would not prejudice the rights of the accused before a jury. Justice Derstine stated that forcing the women to appear in person would likely hinder their ability to give evidence comfortably, whereas a videoconference would allow them to recount their experiences in a calm, dispassionate, and candid manner. However, the judge cautioned that remote appearances must not become the default norm, reiterating that each application must be carefully evaluated on its individual merits.
