Human trafficking protection orders

Overview

Human trafficking is a serious crime that exploits people of all ages, ethnicities and genders. It takes 3 forms:

• sexual exploitation
• forced labour trafficking
• trafficking in human organs or tissues

Survivors of human trafficking can get a protection order that:

• prevents the trafficker from following, communicating or contacting the survivor or the survivor’s family
• prevents the trafficker from being near the survivor’s residence, place of employment or other addresses
• forces the trafficker to return personal property to the survivor
• forces the trafficker to return any copies of visual recordings of the survivor
• prevents the trafficker from creating, keeping or distributing any visual representation of the survivor

Who can apply

The following can apply:

• a victim
• a person with lawful custody of a child who is, or may be, a victim of human trafficking
• a director designated under the Child, Youth and Family Enhancement Act
• a police officer
• a person or a member of a category of persons designated in the regulations, acting on behalf and with the consent of a victim

Forms

Application for a Human Trafficking Protection Order

Human Trafficking Protection Order

Application to Extend, Set Aside or Vary a Human Trafficking Protection Order

How to apply

Step 1. Fill out the form

Application for a Human Trafficking Protection Order

Once the application form is completed, swear/affirm that the affidavit is true before a commissioner for oaths or notary public. When you are swearing or affirming the affidavit, please note:

• there are serious consequences if you do not tell the truth
• all lawyers, notaries public and some staff at the courthouse may act as commissioners for oaths
• no fee is charged at the courthouse for this service
• you may be asked for ID

Step 2. File the completed application with the Court of Justice

Find a Court of Justice near you.

Step 3. Attend court

Attend court, and be sure to follow courtroom etiquette.

Step 4. Receive a protection order

Once approved by a Court of Justice judge or a justice of the peace, you will receive a Human Trafficking Protection Order, which is effective for 3 years. A police officer will arrange to serve (deliver) the order to the respondent.

Extend, set aside or vary an order

If you need to extend the expiry date of the Human Trafficking Protection Order, or cancel or change the order, follow these steps:

Step 1. Fill out the form

Application to Extend, Set Aside or Vary a Human Trafficking Protection Order

Once the application form is completed, swear/affirm that the affidavit is true before a commissioner for oaths or notary public. When you are swearing or affirming the affidavit, please note:

• there are serious consequences if you do not tell the truth
• all lawyers, notaries public and some staff at the courthouse may act as commissioners for oaths
• no fee is charged at the courthouse for this service
• you may be asked for ID

Step 2. File the completed application with the Court of Justice, and attend court

Make 3 copies of your application (with attachments) and file your application at the Court of Justice location where the initial Human Trafficking Protection Order was granted. They will give you a court date. They will also stamp and keep the original copy of the form and return your copies to you.

Step 3. Serve the other party

Serve a copy of the filed application to the other party.

Do not serve the application yourself. Get a friend, family member or a process server to hand- deliver the documents for you.

Affidavit of service

The person who served the documents must swear an affidavit of service before a commissioner for oaths. The Affidavit of Service is a court form that proves to the judge that the respondent was properly notified of your application.

The affidavit of service must be completed and sworn by the person who served the documents.

The affidavit of service will say:

• who delivered the documents
• the date the documents were delivered
• the address of where the respondent was served

You must file the original affidavit of service at the clerk’s office.

Step 4. Attend court

Attend court on the date and time indicated on your filed application, and be sure to follow courtroom etiquette.

If the other party wants to object to the order you are asking the court to make, they may file an affidavit. You can reply to the other party’s affidavit.

Step 5. Receive a copy of the order

Once approved by a Court of Justice judge, you will receive a copy of the order.

Related

• Help for human trafficking survivors and victims
• Addressing human trafficking in Alberta