r v. ANTONIO DUJORN CASANOVA, 2020 QCCQ 9101

R. c. Casanova 2020 QCCQ 9101 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Criminal and Penal Division No: 500-01-189129-197 500-01-192043-195 DATE: December 21, 2020 ______________________________________________________________________ BEFORE THE HONOURABLE LORI RENÉE WEITZMAN, J.C.Q. ______________________________________________________________________ THE QUEEN Prosecutor v. ANTONIO DUJORN CASANOVA Accused ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: Restriction on publication: By Court order pursuant to

section 486.4(2.1) of the Criminal Code , any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way. OVERVIEW [ 1 ] Antonio Dujorn Casanova (“Casanova”) is charged with several counts stemming from his allegedly acting as L.L.’s pimp from May 2017 to May 2019. In File 500-01-189129-197, he is charged with 20 counts, each of which will be discussed in detail herein.

In sumM., it is alleged that L.L. was in an exploitive relationship with Casanova over a two-year period, that he recruited her, or exercised control or direction over her movements for the purpose of exploiting her, that he managed or facilitated her involvement in the sex trade, benefitting from the money she so earned, that he posted ads offering the services of L.L. in the sex trade, that he assaulted, sexually assaulted and threatened L.L., all in the context of this exploitive relationship. [ 2 ] In File number 500-01-192043-195, Casanova is charged with a breach of condition and obstruction of justice on June 21, 2019, stemming from an alleged phone call to L.L. following his arrest in the first file. [ 3 ] The parties tendered a list of admissions relating to peripheral facts, and the Crown tendered many photos and texts illustrating the ads placed for sexual services offered by L.L., provocative photos of L.L. used in the ads, as well as some hotel receipts.

The Crown also tendered in evidence extensive excerpts of text messages between Casanova and L.L.. [1] The main issue in this trial is one of credibility, with the two essential witnesses (L.L. and Casanova) providing diametrically opposed versions of the nature of their relationship. [ 4 ] L.L. claims that she was under the control and influence of Casanova.

Although for part of the period covered, she considered him to be her boyfriend, she describes a relationship focused on her work in the sex trade, with Casanova making the decisions and overseeing every aspect of her earning money as a sex worker, which money she gave to him. [ 5 ] Casanova does not deny that he breached his condition not to communicate with L.L., on June 21, 2019, but he denies all of the allegations forming the basis of the other counts. [ 6 ] He claims that he knew very little, if anything, about posting ads for sexual services, providing sexual services for money and the sex trade generally.

L.L. was already in this business when they first met. He states that as they developed a romantic relationship, he tried to discourage L.L. from working in the sex trade, but he had no control over her choice to do so. He does not deny that their relationship could be dysfunctional at times, as they often argued over financial issues, jealousy, or work-related issues. Casanova maintains that he neither encouraged nor profited from L.L.’s work as a sex worker. He denies exercising control over L.L. or exploiting her, as well as any and all alleged violence toward her. SUMM.

OF THE EVIDENCE The Crown’s evidence [ 7 ] L.L. testified over several days, explaining how she first came to meet Casanova and the evolution of their relationship over a two-year period. It may be noted at the outset that the Court found her to be poised and serious. Despite describing some painful events, she was able to control her emotions and endeavoured to answer all questions put to her as fully and completely as possible. On more than one occasion, when she was cross-examined with an earlier statement, she was able to point out that there was in fact no true

contradiction in the version she was giving the Court, and she was able to provide further details of the event she was describing. At some point, she was asked to listen to a recorded statement she had given to the police in 2019. The Court was able to observe firsthand that listening to her previous narration of the incident in question triggered memories that she had forgotten, allowing her to complete her testimony about that event. Throughout her testimony, L.L. appeared to be doing her best to recall and recount all the details asked of her, as well as to explain her actions and her decisions.

She made no attempt to paint herself in a better light, admitting her involvement in the sex trade, her drug addiction (that she has since overcome), the fact that she is still offering sexual services for money, as well as her attempts to deceive Casanova (as will be reviewed in the sumM. of her testimony). [ 8 ] L.L. provided much detail about the two years she spent with Casanova and the incidents alleged. Her testimony is summarized here, chronologically. The beginning- summer 2017 [ 9 ] In May 2017, L.L. and her friend M., (also known as M.), were offering sexual services for money.

L.L. had no fixed address at the time: she had severed contacts with her family and was living with M. whom she had met in “rehab”. She and M. went to Toronto for a weekend with M.’s pimp in order to make money there. At that time, L.L. was 19 years old and was “pretty dependant” on cocaine. She spoke very little English and relied on M. to lead the way in terms of how to go about offering sexual services on line. [ 10 ] M. encountered problems with her pimp while in Toronto and the girls wanted to go home.

M. told L.L. that she bought drugs from a man, Casanova, who would help them make enough money to get back to Montreal. L.L. had a total of $50 and one suitcase of belongings to her name. [ 11 ] Casanova picked them up at the hotel where they were staying. He brought them to an apartment on Wilson Avenue, in North York. They called this apartment “the trap”. It was a one-room apartment used for escorting and selling drugs. [ 12 ] On that first night, Casanova bought them alcohol and weed and told them they had to start working. The girls were ready to post their ads for sexual services.

M. provided photos of the two of them to be posted on “Backpage”, the website used to promote their services. At that time, L.L. did not know how to post the ads. [ 13 ] L.L. did not have a lot of information about the agreement between M. and Casanova, but she understood that she and M. would work until they made enough money to get back to Montreal. Casanova drove her to her first out-call and picked her up afterwards. [ 14 ] The rate was more or less $100-$120 for half an hour, $200-$250 for an hour.

It varied depending on whether it was an in-call (the client would come to the apartment) or an out-call (the girls would meet the client somewhere, like at a hotel). Reflecting on it now, L.L. realizes that she was naive and gullible, but at the time, she believed that Casanova would help them and she “stupidly” handed him all the money she made. [ 15 ] L.L. also met Casanova’s “baby mom”, that first day at the apartment. Her name is Melanie, and she is the mother of Casanova’s two young children.

Melanie drove in the car with them when Casanova brought L.L. to the first out-call. [ 16 ] After a client refused to come into the apartment, seemingly because he didn’t like the looks of the place, Casanova rented a hotel room for them in Mississauga. [ 17 ] L.L. describes the first few days with Casanova as follows: when he was not at the apartment, she and M. would do in-calls there that M. set up. They offered full-service, i.e. full sexual intercourse with options of “GFE” (girlfriend experience including kissing and blow jobs without condoms).

For out-calls, Casanova would drive L.L. to the hotel, and would wait in the car while she went in with the client. [ 18 ] All the money went to Casanova who provided food and whatever she needed. In that first two-week period, they went from one hotel to another and spent one or two nights in each. [2] [ 19 ] After about two weeks, Casanova paid for L.L.’s bus ticket back to Montreal, as she had to go back to check the dressing on a medical procedure she had undergone. Two days later, Casanova and M. came to meet L.L. in Montreal.

This was about one week before the Grand Prix weekend in Montreal. [ 20 ] L.L. found a hotel room in Montreal and Casanova paid for it. L.L. made $800-$1,000 there, providing sexual services. Casanova posted the ads, but L.L. texted the clients to answer them directly. [ 21 ] From Montreal, the three of them drove to Niagara. There, Casanova rented two hotel rooms for the girls’ in-calls. He also drove L.L. to out-calls. By then, the system was clearly in place: all the money from L.L.’s clients went to Casanova.

He would book the hotel rooms, he would book the clients and then inform L.L. of the details such as length and cost of the service provided, and decide what she was allowed to buy. She found it frustrating when Casanova would refuse a request of hers to buy something (for example, a machine for acne that she wanted).

She felt that she worked hard, and that she should be entitled to buy what she wanted. [ 22 ] L.L. describes an incident of violence that she witnessed in a hotel room in Mississauga where Casanova pulled out a gun and placed it on M.’s temple as he grabbed her by the hair, because she was “giving him attitude.” He said: “I could fucking shoot you bitch, shut the fuck up.” L.L. was scared and saw that he was powerful and could hurt them.

It was also the first time she saw the gun. [ 23 ] L.L. describes another incident when the three of them were in the car together, while in Montreal, and Casanova hit M. for being rude, prompting the two girls to run away. However, their fear of Casanova finding them and killing them led them to return. L.L. started to wonder what she had gotten herself into. [ 24 ] On her second trip back to Montreal, sometime in June, once again paid for by Casanova, L.L. planned not to return to Toronto. But a call of distress from M. led her back.

When M. and Casanova picked her up at the bus station, L.L. noticed bruises on M.’s face,

legs and arms. M. told L.L. about an argument she had with Casanova over what she had charged a client. [3] L.L. decided then to secretly keep some of the money she earned and the girls made a plan to “run away”. L.L. started to charge clients for extras without telling Casanova and she hid the money in a sock. The girls concocted a story about M.’s brother needing help in Montreal as an excuse for M. to leave. M. left with the $1,000 that L.L. had saved, with a plan to come to L.L.’s rescue afterwards.

However, M. never returned and left L.L. to fend for herself. [ 25 ] L.L. lost hope and gave up trying to hide money. She recognized that she had nothing: no money, no home, and no family to turn to. She felt too proud to go back to Montreal in those circumstances. She felt stuck. She needed money to feed herself and for her drug habit. The easiest way to survive was to stay with Casanova who provided drugs every day, whenever she asked.

She smoked one gram of weed a day ($80-$100 a day). [ 26 ] She explains her state of mind and her choice to stay with Casanova in these terms: I lost hope ‘cause I had no apartment under my name, like, I didn’t have a residence. I had been working now for, like, a while for Dujorn and everything. And I’m a very proud person. I hate… Like, going back, like, I didn’t want to go back with nothing. So, I… and I felt stuck over there. I was just, like… At that point, I didn’t know what to do, ‘cause I had nothing to come back to, in Montreal. I just wanted − to be honest − to feed myself.

I had a habit, at that time, a drug habit and everything that I needed to subsist. And being around Dujorn was basically the easiest way to survive. [4] [ 27 ] Thus, after M. left, L.L. stayed in Toronto and developed a closer relationship with Casanova. They spoke more and they were intimate. She continued to provide sexual services for money, with Casanova posting the ads for her and showing her how to pose in the ads.

L.L. states that all the decisions were made by Casanova, as to what to post, when to work, and where to go. [ 28 ] Casanova also taught L.L. to post her ads, which allowed him to spend more time at Melanie’s or selling drugs. He did not have a job at that time. [ 29 ] L.L. states that she was “getting used to him” as they spent so much time together. She describes her situation quite plainly: “He was my pimp, I was his bitch.” She explained: “ A pimp is basically someone that you work for […] that you give all your money [to], and that you fully depend on, for everything […] you basically owe them everything.

They own you […] That means that I basically do everything for him, and I’m owned by him .” [5] [ 30 ] L.L. also explains why she referred to him as “papa”: Q. And what does that mean, for you, “papa”? Does it have any significance? A. Yeah. Like “daddy”, I guess. You know, like, maternal daddy, like… He was my pimp, you know? Like, I had to ask him for permission for everything. So, he was, you know? Like… (inaudible)… and my father, at the same time.

Like, he was basically being every single role that needed to be in, like, my life, he was doing that. [6] [ 31 ] Between clients, L.L. would stay at the hotel, watch TV and smoke weed. She really had nowhere to go and no friends in that city, and her family had no interest in speaking to her, knowing that she was working as an escort. From June to August, she worked out of a hotel room every day, so her memories of that time are of one day being the same as the next. Casanova made all the decisions and he posted ads for her every day.

Apart from her trips to Montreal, she never asked for a day off. [ 32 ] L.L. explained the rules that Casanova imposed on her. For example, she knew that she would be in trouble if she complained to anyone about his treatment of her. As he often put it “snitches get stitches”. Also, L.L. was not allowed to speak to other guys or have any other sexual relationship. Sombrero Way- fall 2017 [ 33 ] In the fall of 2017, L.L. and Casanova rented a room at 771 Sombrero Way in Mississauga.

Casanova continued to post ads for her and he drove her to do out-calls. [ 34 ] They spent a lot of time at “Dezzie’s” house, a cousin of Casanova. That is also where L.L. met some of Casanova’s friends and some of his family. L.L. recalls a specific incident at Dezzie’s when Casanova was outside, and she was inside with a few of them who were speaking a patois that she did not understand. They seemed to be talking about Casanova, and L.L. laughed along even though she did not understand what was being said. Casanova walked in and told her they were leaving.

In the car, he screamed at her for “snaking him”, or talking behind his back and slapped her face. That is the first time he slapped her. It was pretty hard but not as bad as later times. [ 35 ] Casanova then told L.L. to pack up her things to go back to Montreal. She begged him not to bring her to the bus station as she had no money, her family was not speaking to her and she had nowhere to go. She explains feeling panicked at the idea of leaving and she told him: No − like − I have nowhere to go − like − I have no money. You have all my money − like − what am I going to do?

Like, I can’t do anything; I can’t go anywhere. Like, I have no… Like, my family is not talking to me ‘cause I’m out here in Toronto, working, and like… I didn’t have anything; I was flipping out. So, I begged him to, like, keep me and to have… like, to not, like, drop me at the bus station, and drop me with nothing. And, like, he calmed down and we just went back to work that night. [7] [ 36 ] L.L. was isolated and under his control. One example of his control is the inspection she would be subjected to when she would return to Toronto from Montreal.

Casanova would have her strip naked in order to check for evidence of anyone having touched her or “damaged” her. Her narration of one such inspection is particularly revealing of the nature of the relationship:

So, he would always do the same thing, pretty much. Like it would just be, like… I’d get home. That time I remember, like, I got home. I was talking to him about, like, what I did, how… like, everything that happened in Montreal, bla-bla-bla. And he… And I was standing, and he was sitting on the bed. And I’m talking, talking. And he looked at me and he said: “Did you do anything while you were gone?”, and I said: “No. No, papa, I didn’t do anything. I behaved, I was a good girl.” And then he said: “Undress yourself.” So then I undressed myself. Then he went like this, and he moved my vagina lips.

And then he said: “Do a turn” and then I turned. And then he shook his head. And he said that I could go take a shower now. [8] [ 37 ] L.L. was generally able to testify without too much emotion, although she did require some breaks when recalling particularly painful events. This description of her being treated as Casanova’s object reduced her to tears during her testimony. L.L. recalls that following another such body inspection, she noticed that a shampoo bottle in the shower had been moved, and asked Casanova if another girl had been there while she was away.

He slapped her face with the back of his hand and told her never to say that again. [ 38 ] At that time, Casanova drove her to out-calls in Hamilton, Mississauga and Brampton and she gave him the money after every call. [ 39 ] L.L. had a regular client in Hamilton for several hours each week. On one occasion, she fell asleep at his house. Although she was supposed to be there for two hours for $500, she ended up staying for eight hours. Casanova was angry because she did not answer her phone and because she did not make enough money. He told her she’d better have the money for the full eight hours.

She took a taxi to meet Casanova at Dezzie’s. From there, he drove her to a secluded area near the water and told her to get out of the car. She was scared, as she knew he could hurt her because she “fucked up the money” just like what happened with M.. He slapped her “pretty hard” with the inside of his hand on her cheek and warned her to never do that again. Then he hugged her and told her everything was okay.

She understood from that hug that he still cared for her, even though she had broken one of the rules, which was “don’t mess with the money”. [ 40 ] Another assault occurred around September or October 2017 when a client that L.L. knew in Montreal was looking for a girl. L.L. referred him to a friend of hers and she didn’t understand why that made Casanova so angry. She understands now that it was about the money. He hit her in the face and told her to pack up to go to the bus station. She begged him not to leave her: […] you pay the rent; like, you pay for my phone; you pay for my food; you pay for my cloth[es].

What am I going to do, now? Like, I have no money. You’re holding all my money. And I just… I felt panicked. I really felt I was panicking. Like, every time that he would threaten me to, like, leave me at the bus stop, like, I was panicking ‘cause I had nothing else. I literally had nothing else. I had no one around me, like… I had my family, yes, but they couldn’t understand what I was doing. Like, no one would understand what, like, I was going through. You know what I mean?

Like, how can I explain this, to my friends or anything like that, that I was getting pinned down and beaten by this guy and, like, that I was actually not making any money. Well, I was making money but, like, it wasn’t my money at the end of the day. At the end of the day, it was his money ‘cause it was in his pocket. So, like, it’s just… I was depending on him. And, like, every time that he’d tell me something like that, I mean, I was just thinking: what am I going to do with my life? You know?

Like, I thought that I had… I just thought that I had no way out; like, I just felt like I had no way out and, like, no one was going to understand that I was doing this, and I was selling my body and giving my money to a guy that I didn’t know, like, three (3) months ago. Like, I felt so stupid and I felt hopeless. [9] [ 41 ] L.L. continued to go to Montreal about once a month, for one or two days. Casanova would buy the bus or train ticket for her. By Christmas 2017, she was back on speaking terms with her family, and she visited them. But Casanova still exercised control over her, even from Toronto.

While she was in Montreal for Christmas, Casanova called her to be back to Toronto on December 25 th and she felt she had no choice but to leave her family and go to him. During an emotional part of her testimony, L.L. explained that there would be trouble for her if she did not heed his request. To this day, she still feels he has ways to find her: Q. When he tells you that you had to come back and that you had no choice, what did you think when you understand these words? A. That I’m stuck with him forever. Until he doesn’t like… That I’m stuck with him until he decides to fucking not have me anymore.

Like, I have no choice but to do anything he wants, at that point, ‘cause he has fully control of me. Q. But, at that point in time, I understand that you’re in Montreal. What do you understand from him saying that you’ll be in trouble? A. He is… (inaudible)… me. He means he’s going to come get me in Montreal; he’s going to find me. He’s going to always find me. Oh my God. (WITNESS CRYING) Still up to today, I think he’s going to find me. And I’m always looking behind me and everything, ‘cause I always feel he knows… he always… He used to tell me that he knows a lot of people.

And he used to tell me he can find me anywhere. And he used to tell me he’s going to find me anywhere I go. I know he’s going to find me. That’s why I went back. Like… I just felt, like, wherever I went he was going to come find me. And that’s the only reason why I’d go back every time. And then I was stuck, and that he was going to do something to me if I didn’t listen to him. [10] [ 42 ] L.L. was, however, able to go back to Montreal in early 2018 and celebrated her 20th birthday there ([...]).

Her relationship with Casanova continued to be one of “pimp–bitch” and she continued to work with almost no days off. [ 43 ] L.L. recalled an assault that occurred in Niagara, although she can’t be sure of the date, where she was slapped for speaking to her friend R. (a guy) on the phone. Casanova was angry and told her: “I’m going to be the one texting, and I’m going to leave you at the hotel. I’m going to drive back to Toronto. I’m going to send you clients, and I’m going to come get the money tomorrow morning.

So, make sure you make some money.” [11] L.L. was especially panicked about the idea of being left alone. They ended up making up and he stayed with her.

[ 44 ] L.L. describes a sexual assault that occurred during the winter when they lived on Sombrero Way (2018). While L.L. was giving Casanova oral sex, she looked up and saw him playing cards on his cellphone. She thought that was disrespectful and said so. Casanova got mad because she refused to continue. He shouted at her and slapped her face and then left her alone in the apartment for several hours, which was always anxiety-producing for her. [ 45 ] When he came back, he told her that she could never say no to him, and she understood that was yet another rule.

He then instructed her to finish what she had started, and he grabbed her head to have her perform oral sex. [12] She didn’t resist, having just been slapped earlier for saying no to him. [ 46 ] She felt ashamed, like she was nothing. But when he asked her if she was going to let that ruin their night, she said no. Jeanne-d’Arc- March 2018 [ 47 ] In March or April 2018, L.L. found out through Snapchat that Backpage, the website they used for escort ads, had been shut down. They needed a new plan to make money.

They decided to move to Montreal where L.L.’s friend told them of an available apartment in her building, on Jeanne-d’Arc Street. [13] [ 48 ] Driving to Montreal, they planned to stop to buy weed. L.L. had put the address in her GPS, but as they were getting closer to the destination, Casanova started “freaking out”, believing L.L. had “set him up”. They pulled over on Notre-Dame West and he took out a gun from the centre console, loaded it and said: “You’re trying to set me up. Really L..

I can kill you.” Questioned about how he could have pointed a gun at her in broad daylight, L.L. explained that Casanova kept the gun close to his leg while pointing it at her. She described the gun as one she had previously seen at their home. He had shown her how to load it and that is what he did while they were in the car. It was not a revolver, but had the shape of a “police gun”, with orange colour at the trigger. L.L. states that it looked like the one seen in the photos she was shown on the stand. [14] [ 49 ] She pleaded with Casanova and tried to convince him that there was no set-up.

He slapped her with the back of his hand, with enough force that she hit her head against the window. She had a bruise on her head from the impact. He said: “I’m done with you.” [ 50 ] He drove her to the apartment building on Jeanne-d’Arc where he told her to give back the gold chain he had bought her. She was very upset. She went to her friend’s apartment, but Casanova texted her soon after, as if nothing had happened and they went through with the plan to sign the lease. [15] L.L. signed the lease, but Casanova paid the rent, just as he paid for everything, since L.L. had no access to money.

Salon Jasmine- April 2018 [ 51 ] L.L. looked for massage parlors on Google and made some calls in order to find work as an escort in Montreal and she started working at Salon Jasmine a few days later. [ 52 ] It was her idea to work at the massage parlor, knowing that it was what she had to do to make money. When Backpage closed, they had no other options and no money. Although Casanova could not control the clients she saw at the massage parlor, she still had to tell him how many clients she saw and how much she made. She continued to give him all the money and she worked six to seven days a week.

Casanova would drive her there and back. [ 53 ] At Jasmine, as clients arrived, they would choose among the “hostesses” lined up. L.L. worked from 10 pm to 7 am and she could earn up to $1,000 per night, providing “massages with service”, meaning hand jobs, blow jobs and full intercourse. Her fee was $60-$100 for 15 minutes, $80-$100 for 30 minutes, or $100-$140 for 45 minutes.

She also paid the salon $5 per client for use of the room. [ 54 ] Casanova would pick her up at the end of her shift, and she would give him all the money she made, because, as she explained, that’s what she was “supposed to do”. [ 55 ] A review of some of the text messages exchanged is quite revealing about the balance of power between them as well as the type of work L.L. was engaged in. [ 56 ] While she was at work, L.L. would text Casanova to let him know how many clients she was seeing.

This is what is meant when repeatedly, in the text messages, L.L. writes “first one”, “next one” and “next”. [ 57 ] In one example, L.L. texts Casanova from Jasmine to tell him that it’s a slow night and that she only made $150. He suggests she can come home and go back in the daytime, or call the “Chinese lady”. [16] L.L. explains that this refers to an Asian massage parlor where the fees charged were lower but they would be guaranteed to have clients.

L.L. was not keen to work there because the conditions were not good. [ 58 ] The next night they exchange more texts complain ing about a slow night at the salon and Casanova again suggests going to the Asian place. L.L. says she will wait, “can’t give up now” and he says: “good girl . ” [17] Several messages follow, with L.L. saying “next”, “done”, “next one”. Casanova says: “all right.” [18] After a few of these texts, L.L. tells Casanova she’ll be done after the next one, but he tells her to stay: “ Nah, do a nex if there. ” [19] [ 59 ] L.L. had to ask his permission to leave early.

An example of this can be seen in a text exchange on August 13, 2018 where she asks to finish early to go to the hairdresser but he tells her she needs to make more money first. [20] Still, L.L. testifies that she wanted to make money for him and later that same night, when Casanova asks if she wants to come home since it’s a slow night, L.L. texts him that she doesn’t want to come home yet, because no one picked her in four presentations and she does not want to come home with

nothing. [21] [ 60 ] On August 14, 2018, L.L. asks Casanova to bring her food or if she can order something to eat.

The exchange of messages confirms L.L.’s testimony that his permission for her to order food and the amount she is allowed to spend is linked to the amount she earned at the massage parlor: L.L.: could you bring me my food please papa or I order Casanova: you can order something no too expensive tho eh L.L.: K $15 max Casanova: Hold on how much you at L.L.: 220 Casanova: K yea 15 L.L.: thank you [22] [ 61 ] L.L. made about $140 an hour at Jasmine, but they still wanted more money, so she also did some out-calls.

On August 12, 2018, she texts: “did you post me in Montreal already Papa?” and later she asks: “can you send me the ad please ? ” Casanova answers: “all right” [23] and an ad is sent to L.L., from Casanova’s phone. L.L. explained that once she received it, she modified it to refer to Montreal (it was an older ad from Gatineau). It refers to “J.” (one of the names L.L. used) offering “protected fun service”; in-call $120 for half an hour or $240 for an hour, or out-calls $160 for half an hour, $250 for an hour; the ad includes blow jobs and “Greek” (anal sex) for an extra $80 dollars.

L.L. then texts Casanova to say that the ad was posted and he responds: “good job.” [ 62 ] L.L. testified that in August 2018 they had three phones: she had one that Casanova bought for her, he had one, and they had one which was used for clients, which they called the “trap phone”. [24] [ 63 ] L.L. does not deny that she may have wanted to put in more time at Jasmine in order to make more money for them and to please Casanova. An example of this can be seen in an exchange of text messages on August 25, 2018.

L.L. explains that she was having a good night at Jasmine and she was told to let some other girls make money. Casanova asks L.L. how much money she made (“how much u at”) and she tells him $500 (“I’m at 5 bills”- meaning $500 according to L.L.). L.L. wanted to stay a little longer to make more money and so she asked Casanova for permission to stay till 3:30. (L.L.: can I try; till 3:30. Casanova: yea. L.L.: thank you). [25] [ 64 ] Many text messages confirm L.L.’s description of the dynamic between them.

For example, L.L. repeatedly announces “next one” or “done” referring to clients arriving or leaving; [26] she tells him that she will “try to make two more”; asks for permission to come home; [27] tells him how much money she made; [28] he asks how much money she made; [29] she tells him she’s ready to have him post her, to which he replies “Ima post u now”; “Ur posted”; [30] she texts him from the hotel room and that she’s “waiting for the one you said was gonna come”, to which Casanova answers that he is in the breakfast area and that “she’ll have something soon ” . [31] [ 65 ] L.L. also refers to Casanova reminding her that he “made her”, which she explains means that he “conditioned me and modeled me to his liking”. [32] This expression is used by Casanova in the text messages. [33] [ 66 ] While in Montreal, L.L. placed ads for escorting on “Annonces Intimes” and “Leolist”.

They also took trips to work in other cities, like in Toronto, Sherbrooke, [34] Winnipeg and Thunder Bay. Fall 2018 [ 67 ] L.L. and Casanova took a road trip to Thunder Bay, at the end of August 2018, because she heard that she could charge more for her services there. [35] They drove to Toronto, then to Winnipeg, to Wawa and to Sault Ste. Marie. [ 68 ] She paid for the hotel rooms with a pre-paid credit card that Casanova provided. He posted the ads and he decided what she would offer. She did in-calls, and Casanova would wait in the car. She handed him the money when she was done.

When they returned after about two weeks, she still had no money of her own. [ 69 ] Before leaving on their second trip to Winnipeg, they stopped at Casanova’s step-mom’s home in Scarborough [36] where a conversation between L.L. and Casanova’s cousin about her choice of pizza toppings was interpreted by Casanova as L.L. flirting.

That night, in the hotel room, Casanova “went crazy”: he started punching L.L., and stomped on her belly and thighs on the bed as she tried to curl up to protect herself. [ 70 ] Casanova then said he would leave her, causing L.L. to panic because she had no money and no friends in Toronto. Thus, when he went toward the door, she blocked his way. Casanova then went to take his gun [37] out of his bag, and said: “move or I will shoot you.” He put it right between her eyes and pressed hard against her forehead.

When he saw that she started to bleed, he said: “look what you made me do.” She apologized even though she had nothing to be sorry for. [38] [ 71 ] With much emotion L.L. testified that this incident ended as they always did: “he hurts me, then he says it’s my fault, and afterwards everything’s okay, like it never happened”. Casanova took a cloth and wiped the blood from her face, speaking to her calmly and reassuring her.

[ 72 ] In cross-examination, L.L. was questioned about certain details about this event, and she was referred to a recorded statement she gave to the police, some ten days after it occurred. [39] The Court notes that not only is the account in the recorded statement not different, [40] it was clear that hearing herself narrate this traumatic episode triggered awful memories for L.L., who was able to fully recall the details on the stand. [ 73 ] L.L. had bruises and swelling on her body from the beating as well as a mark in a small semicircle on her forehead.

She still has a small semi-circle scar on her forehead to this day. [ 74 ] A few days later, they headed back to Thunder Bay [41] in a rented white Mustang. L.L. worked there again, providing sexual services for money. On the way back, they visited an amethyst mine. Continuing the drive back to Montreal, driving east from Marathon, Casanova was speeding. When he saw a police car turn around to pursue them, he sped away to avoid an arrest. L.L. searched for an alternate route on the GPS. Casanova suggested they switch places, to have her drive, because “it looked better if a girl was driving”.

They turned off the highway onto a dirt road. L.L. drove for a couple of minutes, but she was too nervous, so they switched positions again. L.L. was worried that the police would find the firearm that was on the back seat, so they parked on the dirt road at the side of the forest and Casanova went to hide the weapon in the bushes. As he was walking back to the car, the police arrived.

They were both arrested, brought to the police station in Marathon and L.L. was transferred to the jail in Thunder Bay the next day. [ 75 ] Regarding their arrest, L.L. describes the dirt road they were on and she recognizes the police photos tendered in evidence. [42] These photos show the area where they were arrested, the white Mustang rental car, the firearm seized by the police, and their belongings that were taken out of the car. The police also seized money that was in a bag in the car.

L.L. states that the gun seized and photographed is the one that Casanova hid in the bushes and the same one that he used during the incident in the car on Notre-Dame West in Montreal and during the assault in the hotel room. [ 76 ] L.L.’s testimony about this arrest is wholly corroborated by the testimony of two OPP officers. Officer Cocks testified that on September 9, 2018, he was on traffic duty on Highway 17, east of Marathon, when he spotted a white Ford Mustang convertible speeding eastbound at 4:45 pm. The car was travelling at 126 km/hour in a 90 km/hour zone.

Officer Cocks was in a marked police cruiser, and as he turned his car around to intercept the vehicle, the driver sped up. It was obvious to Officer Cocks that the driver was trying to flee. The officer called for backup as he followed the speeding car from a distance. He finally caught up to them off the highway, down a dirt road where the white Mustang was parked, facing him. A woman (later identified as L.L.) was in the driver seat.

She initially said that no one was with her, but seconds later, Officer Cocks heard a voice coming from the bushes and saw a man, later identified as Casanova, coming from the forested area. Both suspects were handcuffed and arrested. [ 77 ] Officer Martin, a canine handler for the OPP was driving about one hour away from that area when he heard the call for backup from Officer Cocks. He offered his services with his police dog and arrived at the dirt road off Highway 17 at 5:30 pm. He then deployed his police dog about 30 metres from where he was told that Casanova had exited from the forested area.

Officer Martin testified that about 15 to 20 metres off the dirt road, in the bush, his dog became frantic with his tail wagging and sniffing the ground, and then went down close to the ground on his belly. This indicated to the officer that the dog had found something. Officer Martin saw that the dog was directly over an object which the officer then retrieved. The object was a pair of black leggings wrapped around a loaded gun.

Both officers Cocks and Martin completed their testimony with reference to the photos of the area and of the gun found. [43] [ 78 ] Following their arrest, L.L. was charged jointly with Casanova, with possession of a prohibited firearm and ammunition, and proceeds of crime in the amount of $2,200. [44] [ 79 ] On September 14, 2018, while she was detained in the Thunder Bay Women’s Facility, L.L. spoke to Officer Cattini and revealed the details about the incident with the firearm in the hotel room.

Officer Cattini took photos of her bruises and of the mark on her forehead, [45] and recorded an audio statement of L.L.’s narration of the incident. [46] According to L.L., Officer Cattini said he would do his best to help her. However, one week later, he informed her that because of an issue of jurisdiction, in order to go forward with pressing charges, L.L. would have to contact the police in Toronto. [47] She was discouraged at the thought of telling her story again. Although she did make some initial calls, she did not receive a call back.

She decided that the process was too daunting, particularly with the feeling that no one was really interested in hearing her story, since they did not call back. She changed her mind about contacting the police. [ 80 ] L.L. was detained for approximately two weeks until her dad came to bail her out.

She was released on a recognizance on September 21, 2018 [48] including the conditions that she reside with her father in Montreal, abstain from consuming alcohol or drugs, respect a 9 pm curfew, abstain from possessing firearms, and abstain from any contact with Casanova. [ 81 ] L.L. explains that she was relieved to be out of jail, but still confused about her relationship with Casanova. Her dad supported her efforts to change her life. As of October 2018, she started to work at a retail store, “Sporting Life”, earning $15 an hour.

Nevertheless, she continued to work at Jasmine on weekends, trying to save up to buy a car. [ 82 ] Casanova was released from jail on a recognizance on October 24, 2018. [49] Shortly before that, his brother’s girlfriend, Mia, contacted L.L. for money for Casanova. L.L. transferred $500 for him. She felt anxious about Casanova’s release because she didn’t know if he knew that she had spoken to the police about him. [ 83 ] Once Casanova was released from jail, they communicated through Snapchat (despite the court prohibition) and he decided that she was to be his girlfriend.

He lived in Toronto but he would visit her in Montreal. At that point, their apartment on Jeanne-d’Arc had been sublet, so they would stay at an Airbnb. Casanova started working at Staples, in Toronto. [ 84 ] L.L. kept the money she earned from Sporting Life, ($400-$500 a week), but gave Casanova the money she earned at Jasmine (between $200 and $1,000 per weekend). They had a joint bank account (BMO) with little money in it.

[ 85 ] L.L. paid to rent the Airbnbs, but Casanova paid for the car rental to drive to Montreal. L.L. told Casanova she was no longer doing “full service” but only hand jobs and massages. She told him this, even though it was not true, in order to make it look like she found a way to make easy money. However, she testified that he knew that she was really continuing to do full service, and he knew about the out-calls she was doing. She testified as follows: Q. So he was not aware of the amount that you were making? A. Well, he was aware about how much it was at Jasmine.

So it's either 120 or 140 for the hour before giving the money to the house. So he already knew approximately that I would do $100.00 per client. Q. Okay. But you, you never told him, okay, I have 15 minutes or I have like one hour. You just said next one? A. Yes, it happened that sometimes I said that but not all the time. Q. Okay. And when there was extra, would you like confirm with him by text or you would just do it? A. No, I would just do it and tell him when I hand him all the money. Q. Okay. And so he was not aware that you were doing extra or not at the end of the night? A.

Well, he was aware because I told him. Q. Sorry. He was aware of what? A. Because I told him. [50] [ 86 ] In an exchange of text messages on November 5, 2018, [51] L.L. asks Casanova to send her pictures. He says okay, and proceeds to send some attachments of sexual photos and videos. [ 87 ] L.L. continued to provide sexual services for money and gave Casanova those proceeds.

On December 10, 2018, [52] in text messages, Casanova reminds L.L. that she has work and she is supposed to “drop the change”, i.e., put money in the account. [ 88 ] In text messages on December 11, 2018, L.L. asks permission to leave work, which Casanova grants her, after checking how much money she made: L.L.: Papa.

Can I leave Casanova: how much u make L.L.: there too many girls and there been no presentation since like 3 hr. 180 Casanova: Mhmm okay yeah you can leave after the rush so 6 [L.L. explains that this means 6AM] L.L.: okay there is no rush lol Casanova: li [all right] but u should wait L.L.: ok Casanova: call me when ur bout to go k [53] [ 89 ] An exchange of text messages on December 12, 2018 illustrates that L.L. continued to report to Casanova about her work at Jasmine and still asked his permission to order food, even while he was in Toronto.

Casanova: call first I wanna now wah gwan did u tell me u was at Jasmine did you tell me anything [….] L.L.: can I get food Casanova: yeah. What you gonna get. L.L.: I need one more and im at 5b [5 bills = $500] […] you already have 1b from that 5 I need to save for my lips too. So I send 2b and keep two that okay papa? [L.L. explains that “5b” means $500] Casanova: yeah so nex time I see u u have the lips and what else done […] L.L.: I ordered rice and lamb Casanova: can’t find nothing else less expensive eh lol. [54]

[ 90 ] On December 21, 2018, they exchange texts about money problems and L.L. mentions that at least he is making money from selling drugs. Casanova responds by telling L.L. he still needs her to make money for them, and they have an argument because L.L. wants a day off from Jasmine. The tone and content of the messages confirm L.L.’s testimony about the power imbalance in their relationship: L.L.: you got your product [drugs], still have the car, ur good. I know you just made a whip out it today [ she meant a “whop”= drug sale] Casanova: But yeah I hope you can make a good change tmw.

So at least we good L.L.: Mmh I was hoping I could skip Jasmine tomorrow but apparently not Casanova: oh KK and do what? L.L.: enjoy a day off before the Christmas week that I have to work almost every day Casanova: wtf I thought you said no day off till I’m there […] [55] [ 91 ] A little later, on December 22, 2018, L.L. complains to Casanova about their set-up and the fact that she works to send him money yet he treats her badly.

She texts: L.L.: Ur kidding me calling me a fucking piece of shit after I hold ur shit down, fucking send you money how many times a week, stay fucking loyal to you when u out there doing we. […] Here I am at fucking Jasmine ON MY DAY OFF trying make some change for u like an idiot LOL should’ve stayed home sleep. Like always pass your needs before mine. [56] [ 92 ] L.L. later apologizes for her outburst, explaining that she texted when she was drunk: L.L.: U already know I say bs when im drunk and I jus mad at everything. I know I shouldn’t talk like that it jus hard to control.

I still don’t do what I’m not supposed too and be a good girl. See i wake up this morning even though I have 2 hours of sleep in my body. Now I have to do speed so i stay up for the day.

All this because I want us to be better iont mean it when I say that just like when you call me names. [57] [ 93 ] On December 28, 2018, L.L. texts Casanova that she’s having a good day, at 11 am, she’s already had four clients and he says: “kk, let’s see if you can reach that stack [$1,000].” [58] [ 94 ] Several texts confirm L.L.’s testimony that Casanova would tell her to send him money and that he would threaten her if she didn’t come through with it, or if he thought she was being rude, lying to him or disrespecting him.

He would also warn her that she doesn’t want to see his evil side. [59] January- February 2019 [ 95 ] L.L. describes an argument that led to another assault, on January 1, 2019. They spent Christmas in Montreal in 2018. On December 31 st they rented a motel room. The argument started because L.L. mentioned that she was not happy to see messages from “Amanda” on Casanova’s phone. In response, Casanova slapped her face, grabbed her by the throat and pushed her against the wall, raising her up until she couldn’t breathe.

The next day, she could not go to work because her face was swollen. [ 96 ] By 2019, L.L. is still giving Casanova all the money she makes from the sex trade. She refers to some text messages in which Casanova tells her to send him money. [60] [ 97 ] L.L. also testified that she would rent an Airbnb for out-calls with her friend N.. The money she made would go to Casanova. A reference to this is found in the text messages on February 8, 2019, where L.L. and Casanova are discussing a loan that Casanova has to repay. L.L. tells him she will pay it back within the week.

Casanova says: “Mhmmm ok I’m putting on my trust in u here lo. Mhmm at least if I’m there for the week I can bring u guys to out calls and think [then] go downstairs when you guys have to use the condo . ” [61] Several texts follow in which they discuss which Airbnb to rent and confirm that N. will pay half. [62] [ 98 ] L.L. testifies that Casanova needed a loan to be able to drive to Montreal. He decided instead to wait until the next day after she and N. made money from the out-call. His text messages confirm this: Ok, so u an her gonna work there tonight.

An I guess I’ll just wait here till tmrw that way I wont have to get a loan. An you guys can chill make money so I can reach. [63] […] I’ll leave at like 5-6 just tell me when u make a good change and spend me back a bill I’ll be on the way. Atleast so I ain’t got to worry. [64] March – April 2019 [ 99 ] L.L. refers to text messages in March 2019 that illustrate tensions between L.L. and Casanova regarding her

schedule and the money she is making. They confirm her testimony that he controlled her work

schedule at Jasmine. [ 100 ] On March 15, 2019 Casanova texts L.L. to ask if she went to Jasmine when she got off work early on a weekday (at Sporting

Life) because they have to “hustle some more money”. L.L. tells him that she did not, because she’s already going to be at Jasmine all weekend, that she is entitled to a break (“to chill”) and that she does not want to spend all her free time there. She tells Casanova that she doesn’t like when he treats her like he’s her pimp and not her boyfriend.

Casanova does not react well to any of that and he texts: “real shit idk you’re not the same girl”, “miss big chat”, “I done see your changes”, “you keep it up soon you’ll get what you want”. “Your time will come”. [65] [ 101 ] By March 2019, they had the apartment on Jeanne-d’Arc again, and that’s where Casanova stayed when he visited L.L. in Montreal. L.L. testified about an argument they had there, which led to another incident of assault and sexual assault. [ 102 ] On March 16, 2019, Casanova arrived in Montreal, and that is noted in the text message he writes, “I’m here yo”.

L.L. testifies that she saw him that night and when she woke up, in the early morning, Casanova was angry with her and told her she should take a taxi home (to her dad’s house as her court conditions provided) so that he wouldn’t kill her. [ 103 ] L.L. refers to a text he wrote to her in which he says that he did a pretty good job restraining himself. [66] He also texted her that she’d better be at work at Jasmine the next day because he needs money. [ 104 ] Indeed, on March 17, 2019, Casanova texts: “I need back some more change for coming here.

So I expect u to go to that spa at 3 all call you to make sure.” Later, he texts: “Y the fuck u not at the spa” […] “Cause I need more change.” He continues to text her threatening messages, such as “cunt, get ready I’m coming for you”; “watch I’m coming there right now, don’t come out and see what I do”. [67] [ 105 ] Casanova texted her around 7:00 the next morning to say that he would come to pick her up. She was scared that he would hurt her, given his earlier threat and she told him not to come get her.

The text messages on March 17, 2019 confirm this, as L.L. texts Casanova that she is scared of him and she says: “last night you say you were gonna beat the shit out of me.” Casanova denies it, but then adds: “that’s y I told you go so I wouldn’t touch u.” [68] [ 106 ] In the end, he told L.L. that he wouldn’t hurt her, and he picked her up. When they got to the apartment, L.L. gave Casanova the money she made and then he punched her in the face. She fell to the floor.

He asked her why she had been talking to a guy, to which she answered that it was because she was bored and that’s when he started beating her and kicking her. He took out his Versace belt and hit her with the buckle. He then told her to get up and go to the bedroom, however, L.L. recognizes that in her statement to the police, she said that she fled to the bedroom, as opposed to Casanova ordering her to go there. She could barely walk.

She had a “tearing pain” in her belly where he had kicked her. [ 107 ] Once in the bedroom, on the bed, Casanova got on top of her, put his hands around her neck and started strangling her, squeezing hard enough so that she could not breathe. She thought he would kill her. She was crying and “everything was hurting”. He said: “it’ll be okay, you’ll survive.” [ 108 ] Next, Casanova said he would make L.L. feel better. He told her to undress, and to turn around on her knees. He then penetrated her from behind and ejaculated inside her.

L.L. was cross-examined about her testimony at the preliminary hearing where she stated that Casanova undressed her, as opposed to telling her to undress. L.L. explained that it was a poor choice of words, emphasizing that the point was that she was naked. [ 109 ] When asked in cross-examination if she consented to the sexual intercourse, she explained that he would have killed her had she said no to him.

She reiterated that he had just been strangling her and that he clearly saw that she was crying. [ 110 ] Her testimony was particularly emotional as she answered the following questions in chief about the intercourse: Q. Did you say anything? A. No, I’m just crying and I think it’s too much. I just wanted it to be over. I want him to stop hurting me. Q. What did you think about the sexual intercourse that you were having? A. That it was fucked up. Q. What do you mean? A. It’s not normal, it’s not okay. I’m crying.

I’m sad and I don’t want him to touch me anymore, he’s hurting me. [69] [ 111 ] After the intercourse, Casanova put L.L. in the shower under cold water to stop the bruising. He then put rubbing alcohol on a cloth against her ear because she couldn’t hear due to the punch she received. He put her to bed at 9 am and she slept till 11 am, so she could go to her shift at Sporting Life. The next day at work she had trouble walking, her stomach hurt and she had bruises on her face and body. [70] [ 112 ] Despite this violent episode, they continued with their usual arrangement.

Some ten days later, as can be seen in the texts, on March 26, 2019, Casanova became angry with L.L. again because she had not been answering his phone calls: “yo pussy hole gyal u no supposed to msg r call and let me know wah gwan huh.” [71] He threatens her again about showing her the demon in him and says: “I’m fix you.” [72] On March 27, 2019, he tells her that he will need $500 for the weekend. [73] The dynamic between them, as described by L.L., continues, with Casanova controlling her. Another illustration is found in L.L.’s text on March 29, 2019: “I ordered food on uber eats for breakfast okay papa.

I was hungry. Sorry I didn’t ask won’t happen again papa.” [74] [ 113 ] L.L. also refers to certain threats she received from Casanova after she blocked him on her phone. She explained that she did so

because she was angry with him for lying to her about seeing another girl. Casanova reached her through Snapchat and the threat that she describes can be seen in his message on March 27, 2019. [75] “I warned you. Watch what’s going to happen to you. It could take time might not be today r tmrw but very soon […].” He tells her that she “forgot her place for the last time” and that she better make sure there is money in the account”. He adds: “nice knowing you disloyal hoe better make sure that money there over $500.” [ 114 ] Similarly, on April 11, in a Snapchat message, Casanova tells L.L.: watch when I see you.

U want to be a hoe cunt I’ll show you wtf ima to do…I need my fuckin money … to pay back my shit… Your gonna pay for talking to me like your big an up there.Bout iight u gonna be a hoe. Watch eh I want u to say it to my face [3 devil emojis] I can’t wait till I see you u going to have a nice surprise. [76] [ 115 ] According to L.L., this message is linked to an argument they had, following L.L. not answering Casanova on a night she had gone out to celebrate her sister’s birthday (which is on April 8 th ). When Casanova arrived in Montreal the next day, he picked her up at Jasmine.

He pulled the car over on Sherbrooke Street and grabbed her by the collar of her coat, pulling her close to him and ripping her coat. She was crying as he threatened her and her sister. L.L. recounts the following exchange: Casanova: It’s your sister’s birthday, right? There gonna be a bunch of her friends and stuff at the house, watch what’s going to happen to them, watch, watch. L.L.: Papa, you can’t threaten my family. I told you how many times you can’t threaten my family or else I’m going to have to call the cops. You can’t threaten my family. Stop threatening my family.

You can hurt me, but don’t hurt my family. [77] [ 116 ] In another argument, on April 26, 2019, L.L. expresses her frustration with the situation she is in with Casanova. He calls her “hoe” once again, but this time she reacts strongly, telling him never to call her that again and that she is done with giving him money. Casanova responds in anger and with threats: Ima kill everything. I’ll see u an your family soon. U wanted this this morning I could tell so now I’ll bring the gun. Fuck ur money dirty gyal and fuck ur piece a shit family watch what I do.

Should hav done this last week. [when he was in Montreal] [78] [ 117 ] In response to this, L.L. tells Casanova not to call her anymore and points out that she can show those threats to the police with photos of when he beat her up. He texts her: End a day ur going to be classed as a snitch be dead either way […] I’m coming and u see what ima do.

Ooh I had enough Watch what I do I dear u call the cops I’ll make ur whole family get it […] [79] An then you gonna feel it know wats happening to them is your fault [ 118 ] Despite the threats, L.L. expresses her love for Casanova in a text later the same day, writing: “every time i read u tell me stuff like that i just wanna kill myself. What’s my worth if the man I love says im nothing.” He answers: “Ur worth everything to me.

But when you talk like u big an bad that’s we’re I have a problem watch your mouth it’s that simple.” [80] May 2019 [ 119 ] L.L.’s growing ambivalence about her relationship with Casanova is illustrated in texts that she sent to him on May 8, 2019, in which she asks him if he is her pimp or her boyfriend, telling him that some girls at the massage parlor called her “delusional” for believing that he was her boyfriend. Casanova responds with annoyance to her question and suggests that he is both. This upsets L.L.. She tells him that he can’t be both and texts: But I don’t want to be pimped no more.

I thought you were serious when you say you love me and were happy with me. Obviously it was just to keep me behaving. […] Cause I really believed you when you said u not my pi no more papa. I really thought you were serious. [81] [ 120 ] As the argument continues, L.L. reminds Casanova that she gives him her money every weekend and that she has only $4 in her account because it all went to him. [82] Casanova tells L.L. she is fake and she responds: “I’m fake ca I say I wanna quit this fucking job and i’m talking bout it? […]”

[ 121 ] The final straw for L.L. occurred on Mother’s Day 2019, when a series of events led her to call the police. L.L. testifies that on May 11, 2019, she had driven herself to her dad’s home from the apartment on Jeanne-d’Arc, in Casanova’s rental car, planning to drive to work the next morning at 3 am. Their first argument was about a bag that Casanova forgot in the car and money that was in the bag that he needed L.L. to get for him immediately. [83] [ 122 ] The next argument occurred in the early morning of May 12, 2019, after L.L. had a car crash on her way to work.

When she called Casanova, he insisted that she drive the car to him but she tried to explain that it wasn’t “drivable”, as the front bumper was hanging off and one of the tires had popped. [84] He was very angry and he told her that she was “ruining his life and ruining everything”. L.L. told him that she would take a cab to Jasmine and pay for the damage. Casanova told her that “this time, she couldn’t fix it”. He told her that if she didn’t drive to the house immediately, he was going to get in an Uber to come to stab L.L. and her dad.

L.L. begged him to stop threatening her and her family and told him that she would call the police, and he would end up in jail. She recalls the conversation as follows: No. No, Papa, you have to stop threatening my family. I told you you can’t threaten my family.

I don’t want you to go to jail, but you’re going to go to jail if you keep on threatening my family like this, something is going to happen. – And then I’m saying – I don’t want you to be in jail, papa, like please stop. [85] [ 123 ] He answered: “I don’t care, at least I’m going to be happy because I’m going to have stabbed you.” [ 124 ] L.L. took a taxi back to her father’s house, and when she noticed on their shared Uber app that Casanova was in a car driving in her direction, she panicked and called 911.

The police arrived a few minutes later and when the Uber arrived, the car was intercepted and Casanova was arrested. L.L. saw the arrest from the window inside her dad’s house and she heard Casanova shouting: “Really, L., really, this is how you show me love?” [ 125 ] This incident led to the present charges against Casanova. L.L.’s narrative of Casanova’s arrest is confirmed in large part by the testimony of police constable Sophie Morrissette who confirms the call made to 911 at 4:36 am, on May 12, 2019. She met L.L. on the front balcony of the home, while L.L. was still on the line with 911.

She describes L.L. as “literally panicked”, “frightened”, and “trembling”. L.L. showed her the tracking of the Uber car on the app as it drove toward them.

In cross-examination Officer Morrissette can’t be sure if L.L. referred to Casanova as her boyfriend or her ex-boyfriend, but she remembers that L.L. described an on-and-off relationship with Casanova over two years, that L.L. mentioned that they had met in Ontario and that he became her pimp. [86] Officer Morrissette states that Casanova was calm and cooperative when arrested, and she does not remember him shouting out to L.L. the way L.L. claims he did. [ 126 ] L.L. refers to the final text messages she received from Casanova on May 12, 2019 at 4:30 am.

He is angry that she is not answering him and he texts: “ok your forcing my hand […] I promise don’t matter how long it take eh. Could be 10 years. U better come out eh.” [87] June 2019 [ 127 ] A few weeks after his arrest, Casanova contacted L.L. from jail. L.L. asked her friend to record the call and the recorded conversation of June 21, 2019 was tendered in evidence. [88] This recording confirms the testimony of L.L., who stated that Casanova was blaming her for the fact that he was in jail and wanted her to get his stuff from their apartment.

He shouts: “you made me lose everything” and asks: “this is how you show your love?” L.L. knew she was in trouble for snitching, when she called 911 in May. L.L. testifies that he told her to fix everything, which she understood as wanting her to withdraw the charges in order for him to be released from jail.

Casanova’s tone during this call is undeniably aggressive, as he shouts and swears at L.L., but it is not clear that he is asking her to withdraw the charges. [ 128 ] There are very few contradictions that emerged from L.L.’s cross-examination. [89] She admits that Casanova helped her to overcome her drug habit and that he encouraged her in her efforts to go back to school. As to owing him $5,000, that amount suggested seems laughable to L.L.. She says those references to $5,000 in the texts were actually a “pimp fee” which she would owe him if she left.

Casanova did pay for her to do her lips, her hair, etc., but nothing close to $5,000.

L.L. saw that as Casanova’s investment in her. [ 129 ] L.L. does not deny that she had the opportunity to leave and was not in any way imprisoned by Casanova, but she tries to explain the psychological and emotional hold he had on her, which led her to stay with him and to give him the money she made, despite being treated so badly. [ 130 ] In answer to a pointed question about whether she was willing to perform escort services, as opposed to being forced by Casanova to do so, she candidly says: “well, if you mean like he was like putting me in a room and beating me up (inaudible) to do the clients, no, that wasn't...

I was doing them, yes.” [90] She does not deny that she was escorting before she met Casanova and that she is still doing so now. [91] [ 131 ] Further, L.L. admits that she agreed to provide certain services, for example “Greek”, because she wanted to make more money. L.L. explains that as long as she was making money, Casanova was happy and she was conditioned to make him happy. It was her job to bring in the money and be a “good girl” and then she would deserve the material things he promised her.

When she brought the money, he was happy and wouldn’t beat her or admonish her. [92] [ 132 ] L.L. was asked why she didn’t call the police or reach out to her family with whom she had renewed contact in the fall of 2017, or even confide in her friends in order to extricate herself from this bad situation. L.L. addressed these questions at various points in her testimony. She felt that no one would understand her situation and that her friends would certainly not understand why she gave all her money to a man who didn’t really care for her.

She had also been told by Casanova that “snitches get stitches” and, in any event, it was common knowledge that it was not accepted in her milieu to “snitch”. She also referred to this as a question of her reputation.

[ 133 ] L.L. also underscored that Casanova was extremely controlling. At the beginning, in Ontario, she felt isolated with no home, no money, and no autonomy. By the time they moved to Montreal and she was working at the massage parlor, he already had a hold on her. At one point she stated: “I had given up.

I had no more hopes and I thought that this was going to be my reality.” [93] [ 134 ] L.L. explained that she was so controlled by Casanova that she had difficulty making her own decisions and she did not truly contemplate escaping: I could have gotten... like I could have walked away with it but you know like, these people... like these guys have such a power on your head that like you think that's all you have and that's all that you're going to have in your life, you know what I mean.

I was just depending on him so much that it wasn't even... like at that point, it wasn't even coming to my mind to escape from him because I was just so controlled by him and I... everything that I was doing was... I would ask him, you know like at the end of the day, like it was almost like I would go to... I'm exaggerating but like I would ask him just to go to the bathroom and stuff, you know what I mean. Like it's just at that point, I didn't know how to think any more but like him thinking for me, you know what I mean. Like I don't know, like I just...

I... it was so... like I would be away from him and like my...... I would like have this anxiety and everything, like when he would talk to me and telling me to come back or stuff like that. Like he had a way of... even if he didn't know exactly where I was, he had a way of making me believe that I was in danger at that exact moment and that it was imminent danger, you know what I mean. [94] [ 135 ] She was also afraid of repercussions if she left him: Like it's just because so many times, he told me he knows about a lot of people, you know what I mean.

So many times he told me that he's always going to find me wherever I go and there is even text messages of him saying that, you know what I mean. So, it's like at the end, like in my head, I was so conditioned that he was going to find me wherever I went, that I felt like even if I was hiding, like I was so paranoid. I felt like he could find me like with everything. Like I guess like I felt [stuck]. [95] [ 136 ] L.L. testified that she continues to fear him, even now. The Defence evidence [ 137 ] Casanova also testified over several days.

Basically, he denies ever controlling L.L. or having anything to do with her work in the sex trade. He met her when she was already a sex worker. He helped her out when she and M. were in trouble in Toronto and eventually they developed a relationship. Despite some nasty arguments, which they often had, these were never in any way connected to him forcing her to work in the sex trade in order to support them.

Their relationship may well be seen as dysfunctional given the ongoing issues they regularly fought about, including financial issues and jealousy, but these fights were never physical, nor did he ever threaten her. Casanova describes himself as having come to the rescue of L.L., helping her to overcome her drug habit, encouraging her to go to school, and trying his best to convince her to abandon the sex trade. [ 138 ] Although Casanova testified that L.L. did pay for some of their expenses, he also earned money on his own (for example at his job at Staples) and he made a lot of money through selling drugs.

He denies taking all of L.L.’s money that she made in the sex trade. [ 139 ] It may be noted at the outset that a thorough review of Casanova’s testimony left the Court with the impression that he was not truthful, that he consistently evaded pointed questions, and that his explanation or

interpretation of incriminating evidence strained credulity. In response to questions about the content of specific text messages which seemed to clearly contradict his version of events, and confirm that of L.L., he repeatedly stated that it was “a figure of speech”, or that it was simply an example of harsh language used in arguments with L.L. to “get under her skin”. His attempts to find alternative and innocent

interpretations of the plain reading of text messages not only fell short, they convinced the Court that his testimony was fabricated to suit his purposes. [ 140 ] From the start, his testimony reveals that he is not concerned with making an effort to answer truthfully. For example, he is clearly mistaken with certain dates. But instead of simply saying that he is not sure of a date, he states that an event took place on a certain date and refuses to correct himself even when confronted with his error. This occurred when he testified that he met M. (M.) in the second week of March.

He adds that he can be precise about that date because “he remembers that there was snow on the ground”. He is shown a text sent to him by L.L. on May 10, 2019 where she says that it’s been two years since she has known him, (thus making their first meeting in May 2017), to which he responded with a heart emoji. Casanova maintains that he is correct about the date (March) and that the two-year period refers to when they started to truly “communicate” with each other.

Not only is this not credible, given the wording of L.L.’s text, it contradicts Casanova’s testimony where he states that he and L.L. started speaking to each other in July 2017 (when M. left). [96] Similarly, he repeatedly stated that his first trip to Montreal was in July, not in June, for the Grand Prix. Eventually, an admission by the parties established that the Grand Prix in 2017 was during the weekend of June 11 th . [ 141 ] There was also an issue regarding dates with respect to when Backpage closed.

According to Casanova, L.L. told him that Backpage had been confiscated by the FBI in the first week of January 2018. He insists that L.L. is wrong when she testifies that it closed in April 2018. Here too, Casanova is mistaken, as an admission of the parties establishes that Backpage closed at the beginning of April 2018. [ 142 ] These references to specific dates do not impact the evidence as a whole, however, they are examples of how Casanova insists that his answer is correct, even when he is wrong.

Another example of this, is his testimony in examination in chief that M. (M.) rented the room at the Comfort Inn in Mississauga for her and L.L.. He testified as follows: Q. At that point of time, in the first three weeks that you met them… […] did you ever rent a room for them? A. No. Never. [97] [ 143 ] In cross-examination, he confirms: Q. Okay. And before the month of August, did you rent any other hotel rooms?

A. I don’t believe so, no. [98] [ 144 ] He is then confronted with the receipts in his name for the Monte Carlo Hotel, [99] four of which are for hotel rooms booked in June and July 2017. He responds that he did not recall renting rooms on those dates, but that “maybe it was for M.”, and “maybe she asked me to book the room”. [100] [ 145 ] Another example of Casanova contradicting himself concerns the iPhones that he gave L.L. and M.. He states that a client had given him two brand-new iPhones (as payment for drugs) so he gave them to the girls.

When pressed to explain why he would give L.L. a phone at a time when he had no relationship with her and was barely even speaking to her, he answers: “to me, it wasn’t a brand-new phone.” [101] Again, this is an example that does not go to the heart of the issues, but illustrates how Casanova adapts his testimony in answer to precise questions. [ 146 ] After M. left, Casanova took pity on L.L. who was abandoned by her friend. She needed Casanova to book the hotel rooms for her because she didn’t have proper ID or a bank account. They agreed that he would pay for the room and she would pay him back.

He emphasizes that he had nothing to do with L.L.’s work in the sex trade and that he knew nothing about that world. As to the many escort ads found in the notes on his iPhone, he states that he and L.L. shared an icloud account and none of the ads were written by him. [ 147 ] By the time they decided to rent an apartment on Sombrero Way, L.L. was in love with him and he appreciated having her as a shoulder to lean on, as he was having difficulties at home with Melanie.

He and L.L. shared expenses, she would help to pay the bills and sometimes she would give him more than her half. [ 148 ] Despite the fact that Casanova states that he was not comfortable with L.L. escorting, he admits that he gave her lifts to do her out-calls [102] and if she did not have enough money to rent a hotel room, he would pay for it. [103] He claims that it was not his place to interfere and she simply refused to go back to Montreal. He felt sorry for her.

He states that he had no control over her and if anything, she is the one who manipulated him. [ 149 ] As to the assault L.L. alleges occurred after they left Dezzie’s house, Casanova remembers an argument they had during the period that they lived on Sombrero Way when he was mad at L.L. for laughing about something that she did not understand. In examination in chief, he explained that he was angry because she seemed to be laughing behind his back and that’s what led to their argument.

Yet, in cross-examination his version is different as to what exactly upset him and he states that in fact, they had no argument at all. [ 150 ] Casanova is adamant that he knew nothing about the services L.L. provided but exchanges of text messages and photos sent as well as ads indicate the contrary. [ 151 ] He also states that he knew nothing about L.L.’s work at the massage parlor. In examination in chief he states: “I’ve never been inside of a massage parlor.

It’s not, like I said it’s not like my world.” [104] By the time L.L. started working at Jasmine she was his girlfriend and he testified that he was not happy with her escorting. He testified that he wanted her to get a normal job and that she told him that she wasn’t going to do prostitution anymore. [105] Nevertheless, he did not inquire about what she was doing at Jasmine. In cross-examination he stated that he was not interested in knowing what she was doing there: Q. Okay. So, around April, she starts working at massage parlors. Do you know what happened in the massage parlors? A. No.

I've never been inside a massage parlor. I can't tell you. Q. You have no clue of what's happening there? A. I've never been inside of one. Q. I'm not asking you if you've been inside. I'm asking you; do you know what's happening inside? A. No, I do not know what's happening inside of a massage parlor. I do not run, I do not know anybody who, like, owns one. Q. Okay. So, the fact that she wanted to work there, did you inquire about what she was going to do? A. No. It had nothing really to do with me that she wanted to work. I was in her province, in her city and she wanted to work in a massage parlor.

Q .But you wanted her to stop doing escorting. Am I right? A. Yes. Q. Okay. So, the fact that she brings out massage parlors, does that tell you that she's still going to provide sexual services? A. Um, if she's still going to escort? She was still escorting. Q. When she starts working at massage parlors? A. Yes. Q. Okay. So, do you agree with me that there were sexual services that were given in massage parlors, mainly at Jasmine? A. Uh, yeah.

Q. So, you know what's happening inside of the massage parlors? A. Yes. I… I understand what was taking place. Q. Okay. So, why do you tell us that you did not know what was happening inside the massage… A. Because I've never been inside of one. So, I can't tell you by first-person experience. Q. Okay. But you know that there are sexual services that are provided inside the massage parlors? A. Yes, Mr. Prosecutor, I know. Q. Okay. So, how did you feel about her starting to work there? A. It wasn't my decision. Q. Did you try to discourage her? A. Yes, I tried to discourage her from going there.

I told that she shouldn't work in a massage parlor, I heard those places are dirty. And she never cared. Q. Okay. So, what have you heard from massage parlors? A. Her girlfriend N. explained to me that she was working at Bamboo. And the way that she described it, I was just, like, that's a dirty environment. [106] [ 152 ] This indicates clearly that Casanova knew that L.L. was providing sexual services for money at Jasmine. [ 153 ] Casanova does not deny driving L.L. to do out-calls. He does not deny that he profited from the money she earned as a sex worker, since they were a couple and shared expenses.

Thus, although he states that he neither encouraged nor forced her to do that work, he does admit that he was aware that some of his expenses were paid with money so earned. [ 154 ] An example of this can be found in his testimony about their trip to Thunder Bay, where he confirms that L.L. told him that she could raise her rates because she was one of only two escorts there. While they were there, he drove her to out-calls or waited in the car if she was with a client in the room. He would text her when he saw a client pulling into the motel parking lot for her.

He confirms that he saw her sites advertising escorting services in Winnipeg. [ 155 ] Casanova denies ever assaulting or threatening L.L.. He denies ever having a gun, let alone using one to hurt or threaten L.L.. He provides his own account of some, but not all of the incidents alleged. [ 156 ] Regarding one of the alleged assaults in their apartment on Sombrero Way, Casanova recalls an argument that began because he was on the phone while receiving oral sex from L.L.. According to him, L.L. was upset because he was text messaging another girl, Amanda.

He denies hitting L.L.. [ 157 ] Regarding the alleged assault in the fall of 2018, in a hotel room in Ontario, with the gun: Casanova recalls the day they were at his stepmother’s and his cousin wanted to know what everyone wanted on their pizza. When L.L. and Casanova left they first went to the Delta Hotel, but were refused access because of how L.L. was dressed.

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