Sask. judge denies defence bid to halt human trafficking trial

CTV News

05-06-2025

WATCJ: A provincial court judge has denied a bid from defence to halt a human trafficking trial.
A provincial court judge has denied a defence application to have human trafficking charges stayed.
The trial of Sohel Haider and Mohammad Masum continued Wednesday in a makeshift courtroom at the Rosetown Elks Hall. In 2023, the RCMP charged the men with human trafficking a woman to work at restaurants in Gull Lake, Tisdale, and Elrose.
Earlier in the trial, Haider's defence lawyer filed a Jordan application, arguing that Haider's right to a timely trial had been violated. Under the Jordan ruling, matters in Canadian provincial courts must conclude within 18 months of charges being laid.
The trial was originally scheduled for five days last September.
Delivering his decision Wednesday, Judge Miguel Martinez outlined the timeline and ruled on whether the defence contributed to the delays.
Subtracting delays caused by the defence, Martinez said the trial's expected conclusion would still be about six months over the 18-month limit.
The Crown argued that the delays were due to exceptional circumstances, noting that this is only the second time human trafficking charges have gone to trial in Saskatchewan and that the entire proceeding requires translation.
Martinez agreed, ruling the case's complexity justified the delay.
Following the ruling, Masum's lawyer, Michael Owens, resumed cross-examining the complainant—a Bangladeshi woman who cannot be identified due to a publication ban.
Owens questioned why the woman didn't flee during trips to Saskatoon, suggesting she had opportunities. He also asked why she didn't try to escape during a trip to the United States.
The woman testified that Masum had her phone, laptop, and 'important documents' that she couldn't leave behind.
Masum also faces charges of sexual assault.
Owens asked why the woman didn't fight back during the alleged assaults. She said she tried, but Masum was stronger.
Martinez halted the line of questioning, stating courts cannot assume how victims respond to sexual assault.
The defence later alleged the woman fabricated the sexual assault allegations in an effort to stay in Canada.
Court heard the woman's work permit expires in October. She also holds a 10-year visitor visa.
The trial is scheduled to continue Thursday.