Human trafficking survivors can testify via video from Sudbury, Ont., judge rules

The case deals with human trafficking arrests stemming from ‘Project Uptown,’ launched in October 2022. A total of 81 charges were laid against six suspects in June 2024. (File)

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Two human trafficking survivors will be permitted to testify from Sudbury, even though the trial of the accused in the case is taking place in Brampton.

The case deals with arrests stemming from ‘Project Uptown,’ launched in October 2022. A total of 81 charges were laid against six suspects, Ontario Provincial Police said after the arrests were announced in June 2024.

There are five female survivors from Sudbury involved in the case, all between the ages of 16 and 25 at the time when they were victimized. Three were underage when they were being trafficked, OPP said.

The six suspects range in age from 34 to 45, including one woman. They were arrested in Burlington, Missisauga, Ottawa, Penetanguishene and St. Catharines. Four of the accused are from Brampton while two others are from unknown addresses.

Two of the victims said travelling to southern Ontario for the trial of three of the accused -- Francis Antoine, Jeffery Cheddesingh and someone identified only as H.K. -- would be a significant burden.

“Both have asserted that they have moved on with their lives in Sudbury and that returning to this jurisdiction would be extremely hard for them,” said the decision from the Ontario Superior Court of Justice.

Only the lawyer for Cheddesingh opposed the request.

One of the victims said she has an autistic child who would require care for as long as she was away at the trial.

“She asserts that this would be a real hardship on her child,” the court said.

“She is a single parent, her child is only seven years old, and she has no personal support that could help her with child care.”

She is also dealing with post-traumatic stress disorder as a result of what happened to her and being forced to return to southern Ontario “would be very triggering for her PTSD.”

The second victim also struggles with PTSD. She has dealt with drug addiction for several years, but has been clean for the past seven months.

“She advised that it would be very difficult for her to come to Brampton to testify because she has no one who could support her while in this jurisdiction and she is concerned that she may relapse in those circumstances,” the decision said.

“She advised that she has stayed out of this region since the time of the allegations because of her trauma, and given that the offences occurred in hotels, she now cannot stay in hotels because of her past experiences.”

She is also afraid of the accused -- in particular of being in the same room.

Justice Michael Derstine ruled that since the trial is by judge only, allowing both women to testify via video wouldn’t impact how a jury views the accused.

“Video technology has come a long way, and it is normal for uninterrupted, high-quality video appearances to happen in our courts,” Derstine wrote.

“They happen that way every day.”

The fact that appearing in person would make it harder for the women to “give their evidence easily or at all” is another relevant consideration, he wrote.

“I take into account that both witnesses have expressed their fear and anxiety about coming to this jurisdiction and testifying before the accused. I find on this evidence that they would be more likely to give their evidence in a calm and dispassionate manner by videoconference, and that doing so may assist them in giving a full and candid account of the acts complained of.”

Since both women have valid reasons for wanting to testify remotely, and since there is no prejudice to the accused, Derstine approved their request.

“While saying this, I wish to also assert that these applications cannot become rote or the norm. Each case must be assessed carefully on its own merits,” the judge added.

“No doubt every witness would like to testify at a place that is more convenient to them and that is certainly not the test under this section.”

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling.
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.