Canada's top court overturns acquittals for man accused of selling his spouse for sex

WARNING: This story contains details of abuse and intimate partner violence: 

A man acquitted of forcing his wife to have sex with strangers for money in Alberta and Nova Scotia will face a new trial following a decision from Canada's top court.

The man had been found not guilty on sex trafficking charges in a ruling affirmed by the Nova Scotia Court of Appeal. In a 7-2 decision last week, the Supreme Court of Canada overturned the acquittals and ordered a new trial. 

The accused — identified only as T.J.F. —  had been charged with trafficking his common-law spouse and receiving a material benefit from it. His partner, J.D., alleged that she was forced to provide sexual services for money under threat of violence. 

The Supreme Court ruled that a trial judge in Nova Scotia failed to consider the accused's history of violence against his partner, which in turn cast doubt on the woman's credibility in court.

The woman alleged that her partner abused her daily for years. She testified that she was sold online by her partner, who kept the money she was paid for her sexual services.

At trial, the woman's brother, mother, daughter and two friends all testified about the abuse the woman had suffered at the hands of her partner.  

'Mischaracterization' of evidence

The Supreme Court ruled that the trial judge failed to adequately consider evidence that the complainant was a victim of abuse — violence that could have forced her to submit to her partner's demands.

"This error of law hindered his assessment of the evidence," the judges wrote in their decision, dated Nov. 15.

The Supreme Court judges found that the trial judge made a legal error by ruling that the accused's history of violence was "past discreditable conduct" but had no material bearing on the case.

"Even though the trial judge admitted the evidence, this mischaracterization meant he did not assess it properly," the justices wrote. "It could have formed the basis of a finding that the accused controlled, directed, or influenced the movements of the complainant."

While the trial judge, Justice Kevin Coady with Nova Scotia's Supreme Court, accepted that the complainant "found herself trapped in a violent, unhappy, and loveless relationship" with a man who subjected her to "threats, intimidation, and injury," he found her testimony lacked credibility.

In his decision, dated Nov. 5, 2021, Coady found the woman was prone to exaggeration and ruled there was "not enough" evidence to prove the accused's guilt.

Coady also had doubts about the accused's ties to any "prostitution enterprise."

The Nova Scotia Crown appealed the acquittals to the province's Court of Appeal, and ultimately to the Supreme Court. 

While two of the Supreme Court justices offered dissenting opinions, seven judges on the country's top court upheld the appeal.

"The trial judge's incorrect assessment of this critical evidence seriously undermined his credibility assessment of the complainant, which he used as the rationale for acquittal," the decision says. "The acquittals should be set aside."

In their joint dissenting opinion, two judges argued that there was no legal basis to accept the appeal and that testimony heard at trial failed to address "whether the accused exercised control over the complainant for the purpose of exploiting her."

"Though the trial judge mischaracterized the evidence of the other witnesses as past discreditable conduct, he ultimately admitted all of it," the dissenting justices wrote.

Violent history

The complainant and the accused were in a relationship from 2004 to 2012. They lived in both Nova Scotia and Alberta and cared for two young children.

From the beginning, the relationship was plagued by violence and financial difficulties, court heard.

The relationship started in Halifax. T.J.F. was controlling and angry, the trial heard. His former partner testified that he was prone to screaming, throwing objects and damaging their property, leading to frequent evictions.

To improve their financial situation, J.D. agreed to relocate to Fort Saskatchewan, Alta. She began working in local bars while her partner chose not to work.

Court heard that soon after J.D. secured a better-paying job at a strip bar in Edmonton, the accused suggested they have sex on a webcam for money.

She didn't want to do it but agreed, in order to avoid the accused's violence, court heard.

They started having sex on camera, a situation which then allegedly devolved into unwilling sex work.

"She claimed that the accused persuaded her to dance for men and to offer sexual services for money, and that she participated because of the accused's violence," the Supreme Court decision said. 

"She also claimed that the accused was involved in posting ads offering sexual services and controlled all proceeds."

In Fort Saskatchewan, the accused's violence escalated to a level that was "twice as bad as in Halifax," the woman testified.

At one point, the accused broke her finger because she refused his request for her to have sex with a woman, the trial heard. She also testified that the accused persuaded her to use hard drugs by threatening her children.

She testified that T.J.F. "was deeply involved in the sexual services" she endured.

"He posted ads offering sexual services and accompanied her to clients' locations to either watch or listen to the sexual acts requested by clients. All proceeds went to the accused."

Exhibits at trial included medical reports from the Royal Alexandra Hospital in Edmonton and the Fort Saskatchewan Health Centre for injuries to the woman's hand and mouth, and internet ads for sexual services with the accused's Alberta phone numbers.

The woman testified that the abuse and sexual exploitation continued until 2012, when she left the relationship. 

"These were daily events," the trial judge said, summarizing the woman's testimony in his written decision. "J.D. did not want to have sex with strangers."

Fearing she could lose her children, the complainant never disclosed to anyone what was happening while it was occurring.

The woman reported the abuse to Halifax police in 2013. Charges were laid after she returned to police in 2018 and asked that charges be pursued.

According to the Nova Scotia public prosecution service, new trial dates have not been set. 

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911