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

A man acquitted of forcing his wife to have sex with strangers for money in Alberta and Nova Scotia will go on trial following a decision by Canada’s top court.

The man had been found not guilty of sex trafficking charges in a ruling upheld 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 TJF – had been accused of trafficking by his common-law spouse and receiving a material benefit from it. Her partner, JD, claimed she was forced to offer sexual services for money under the threat of violence.

The Supreme Court has ruled that a judge in Nova Scotia did not take into account the accused’s history of violence against his partner, which in turn called into question the woman’s credibility in court.

The woman claimed that her partner had been abusing her on a daily basis for years. She confessed that she was sold online by her partner, who kept the money paid for his sexual services.

At the trial, the woman’s brother, mother, daughter and two friends testified about the abuse she suffered from her partner.

“Mischaracterization” of evidence

The Supreme Court ruled that the trial judge did not adequately consider evidence that the plaintiff was the victim of abuse – violence that could have forced her to submit to her partner’s demands.

“This error of law prevented him from evaluating the evidence,” the judges wrote in their Nov. 15 decision.

Supreme Court judges found that the trial judge had made a legal error by ruling that the accused’s history of violence was “disreputable past behaviour” but had no material connection to the case.

“Even if the trial judge admitted the evidence, this mischaracterization meant that he did not properly evaluate it,” the judges 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, Nova Scotia Supreme Court Justice Kevin Coady, accepted that the plaintiff “found herself trapped in a violent, unhappy and loveless relationship” with a man who subjected her to “threats, intimidation and wounds,” he found that her testimony lacked credibility.

In his decision on November 5, 2021, Coady found that the woman was prone to exaggeration and ruled that there was “not enough” evidence to prove the accused’s guilt.

Coady also had doubts about the accused’s links 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 of the country’s first instance judges upheld the appeal.

“The trial judge’s incorrect assessment of this critical evidence seriously undermined the applicant’s assessment of credibility, which he used as a basis for acquittal,” the decision said. “The acquittals should be reversed.”

In their joint dissenting opinion, two judges held that there was no legal basis to accept the appeal and that the testimony at trial did not address “whether the accused exercised control over the plaintiff for the purpose of exploiting her.”

“Although the trial judge mischaracterized the other witnesses’ evidence as past disreputable conduct, he ultimately admitted everything,” the dissenting judges 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 marred by violence and financial difficulties, the court heard.

The relationship began in Halifax. TJF was controlling and angry, the trial heard. His ex-partner testified that he was prone to yelling, throwing objects and destroying their property, leading to frequent evictions.

To improve his financial situation, JD agreed to move to Fort Saskatchewan, Alta. She started working in local bars while her partner chose not to work.

The court heard that shortly after JD secured a better-paying job at an Edmonton strip bar, the accused suggested they were having webcam sex for money.

She did not want to do it but agreed to avoid the accused’s violence, the court heard.

They started having sex on camera, which would later turn into unwanted sex work.

“She alleged that the accused persuaded her to dance for men and provide sexual services for money and that she participated because of the violence of the accused,” the Supreme Court ruling said.

“She also alleged that the accused was involved in posting advertisements offering sexual services and controlled all the proceeds.”

In Fort Saskatchewan, the accused’s violence escalated to a level “twice as bad as in Halifax,” the woman testified.

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

She testified that TJF “was deeply involved in the sexual services” she endured.

“He posted advertisements offering sexual services and accompanied her to clients’ locations to either watch or listen to sexual acts requested by clients. All the income went to the accused”.

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

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

“These were daily occurrences,” the trial judge said, summarizing the woman’s testimony in his written decision. “JD didn’t want to have sex with strangers.”

Fearing that she might lose her children, the plaintiff never revealed to anyone what was happening while it was happening.

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

According to the Nova Scotia prosecutor’s office, no new trial dates have been set.

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