Introduction
Human trafficking remains one of the most egregious violations of human rights in
Canada, often leaving survivors with deep emotional, social, and legal scars. Many
survivors face complex legal issues after escaping exploitation—ranging from
obtaining restraining orders and child custody, to securing housing or immigration
status. Yet, the traditional court system, with its adversarial structure and procedural
rigidity, often fails to meet the unique needs of these survivors.
As a lawyer providing services through Legal Aid Ontario, I have represented many
vulnerable individuals—women escaping domestic violence, migrants facing
exploitation, and young people seeking protection. Through this experience, I have
observed how access to justice is not merely about legal representation, but about
whether individuals feel heard, safe, and respected in the justice process. For
survivors of human trafficking, these elements are essential to healing and recovery.
This paper argues that Alternative Dispute Resolution (ADR)—particularly mediation
and restorative justice processes—can serve as a valuable complement to traditional
litigation in expanding access to justice for survivors of human trafficking in Canada.
However, this potential can only be realized if ADR is implemented within a
trauma-informed, rights-protective, and survivor-centred framework.
I. Barriers to Accessing Justice in Traditional Legal Processes
Survivors of human trafficking often encounter structural and psychological barriers
that impede meaningful access to justice.
A. Procedural and Financial Barriers Court proceedings are often lengthy, costly,
and intimidating. Survivors, many of whom lack financial resources or stable housing,
struggle to retain counsel or comply with procedural timelines. As a Legal Aid lawyer, I
have seen clients abandon meritorious claims simply because they could not navigate
the procedural complexity or afford transportation to multiple court appearances.
B. Trauma and Power Imbalance Litigation’s adversarial nature can be
retraumatizing. Survivors who have endured coercion or abuse may find
cross-examination deeply distressing, particularly when facing the perpetrator in court.
Power imbalances—rooted in gender, immigration status, or economic
vulnerability—further hinder survivors’ ability to advocate for themselves effectively.
C. Distrust and Fragmentation Many survivors, especially those from racialized or
migrant backgrounds, mistrust legal institutions due to prior negative encounters with
law enforcement or immigration authorities. Moreover, their legal challenges are often
fragmented—handled across multiple jurisdictions (criminal, family, civil), leading to
inconsistent or delayed remedies.
II. The Promise of ADR for Survivors of Human Trafficking
ADR encompasses processes such as mediation, negotiation, collaborative law, and
restorative justice, which prioritize participation, flexibility, and consensus-building
over adversarial confrontation. Properly designed, ADR can empower survivors by
restoring control, voice, and dignity.
A. Flexibility and Empowerment ADR allows processes to be shaped around
survivors’ needs. Sessions can be conducted in safe, confidential spaces, with
scheduling that accommodates emotional readiness and support systems. Unlike
courtrooms, where survivors often feel powerless, mediation fosters agency—allowing
participants to express their narratives and influence outcomes.
B. Restorative Justice and Healing Restorative justice processes, though more
commonly applied in criminal contexts, can play a role in civil and family matters
arising from trafficking. When survivors voluntarily choose to participate, restorative
dialogue can help them confront harm, seek acknowledgment, and regain a sense of
closure.
C. Efficiency and Accessibility ADR is generally faster and less expensive than
litigation, reducing the financial and emotional burdens on survivors. Early resolution
of disputes related to housing, compensation, or custody can stabilize survivors’ lives,
enabling them to rebuild more quickly and avoid re-exploitation.
III. Challenges and Ethical Considerations
Despite its potential, ADR carries inherent risks when applied to contexts involving
coercion and trauma. Without proper safeguards, it can unintentionally replicate the
very power dynamics it seeks to dismantle.
IV. Designing a Survivor-Centred ADR Framework
To ensure ADR genuinely enhances access to justice, Canada must develop a
structured framework grounded in three pillars: safety, informed choice, and
integration.
Conclusion
Access to justice for survivors of human trafficking requires more than opening
courtroom doors; it requires creating pathways to safety, empowerment, and healing.
Alternative Dispute Resolution, when implemented within a trauma-informed and
rights-based framework, offers an avenue to achieve these goals.
My work as a Legal Aid lawyer has shown me that justice cannot be achieved through
legal remedies alone. Survivors often seek something deeper—recognition, respect,
and a sense of control over their lives. ADR processes, if carefully structured, can
provide that space. They enable survivors to reclaim their voices, repair relationships
where appropriate, and move forward with dignity.