R. v. Crosdale, 2018 ONCJ 800

WARNING The court hearing this matter directs that the following notice be attached to the file: A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(1) of the Criminal Code . This subsection and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(1) , read as follows: 486.4 Order restricting publication — sexual offences. —

(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of (

a) any of the following offences: (

i) an offence under

section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 171.1,172, 172.1, 172.2, 173, 210, 211, 212, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or (ii) any offence under this Act, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (

i) if it occurred on or after that day; or (

b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a) .

(2) MANDATORY ORDER ON APPLICATION — In proceedings in respect of the offences referred to in paragraph (1)(

a) or ( b ), the presiding judge or justice shall (

a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for the order; and (

b) on application made by the complainant, the prosecutor or any such witness, make the order. . . . 486.6 OFFENCE —

(1) Every person who fails to comply with an order made under subsection 486.4(1) , (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on

summary conviction. A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(3) of the Criminal Code . This subsection and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(3) , read as follows: 486.4(3) CHILD PORNOGRAPHY —

(1) In proceedings in respect of an offence under

section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way. . . . 486.6 OFFENCE —

(1) Every person who fails to comply with an order made under subsection 486.4(1) , (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on

summary conviction. ONTARIO COURT OF JUSTICE CITATION: R. v. Crosdale , 2018 ONCJ 800 DATE: 2018/11/02 COURT FILE No.: York Region 17 03937 BETWEEN:

HER MAJESTY THE QUEEN — and — CHRISTIAN CROSDALE Before Justice Marcella Henschel Heard on June 19, 20, 25, 26, and 28, 2018; August 22, and October 19, 2018 Reasons for Judgment released on November 2, 2018 Kelly Hutchinson..................................................................................... counsel for the Crown Michael Caroline............................................ counsel for the defendant Christian Crosdale HENSCHEL J.: A.

Overview [ 1 ] Christian Crosdale is charged with human trafficking, child pornography, assault and other related offences in respect of his relationship with M.C. and T.T. [ 2 ] It is alleged that Mr. Crosdale was M.C.’s pimp and was in an exploitive relationship with M.C. in the summer of 2016 for a period of a month and between November 2016 and March 8, 2017. The Crown alleges that Mr.

Crosdale recruited M.C., and exercised control, direction, and influence over her movements for the purpose of exploiting her and facilitating her involvement in the sex trade so that he could materially benefit by taking the money she earned.

It is alleged that he took control of her identification in order to facilitate her exploitation, prepared and posted the backpage.ca ads that offered her services in the sex trade, and that he assaulted her during the relationship as part of his exploitation. [ 3 ] In respect of T.T., it is alleged that in late February and early March 2017, M.C. was contacted by 16-year-old T.T. T.T. initially told M.C. that she was M.C.’s age (19), and told her she wanted to work with her. M.C. told Mr. Crosdale about T.T. He said that she should work with her if she was “down for the team”.

On March 6, 2017 T.T. met M.C. at a condominium unit in Toronto. Mr. Crosdale came to the condominium in the early morning hours of March 7, 2017 and was introduced to T.T. While he was at the condominium T.T. and M.C. took photographs of themselves to be posted by Mr. Crosdale on backpage.ca in order to advertise their sexual services individually and as a duo. It is alleged that Mr. Crosdale participated in the taking of the photographs and posted the backpage.ca ads. As a result of the ads, T.T. and M.C. saw clients and provided sexual services.

After meeting T.T. in the early morning hours of March 7, 2017, it is alleged that Mr. Crosdale spoke with her over BlackBerry Messenger (BBM) regarding her sex trade related activities on March 7 and 8, 2017 until her arrest by the police on March 8, 2017. [ 4 ] It is alleged that Mr.

Crosdale recruited T.T. for the purpose of exploiting or facilitating her exploitation, that he procured her to offer sexual services for consideration, that he exercised control, direction or influence over her movements for the purpose of facilitating her participation in the sex trade, and that he posted her backpage.ca ads that advertised her services in the sex trade. It is alleged that Mr.

Crosdale, in participating in the creation of the photos of March 7, 2017 and in receiving, editing and posting the pictures of T.T. on March 7 and 8, 2017 made, possessed, accessed, and distributed child pornography. [ 5 ] On March 8, 2017, the York Regional Police (YRP) located T.T. and M.C. at the Anndale Drive condominium unit. M.C. did not initially cooperate with the police investigation and did not implicate Mr. Crosdale in the first two statements she provided to the police.

It was only in a third statement, given in May 2017, that M.C. provided detailed information about her pimp, whom she identified as Ty. [ 6 ] T.T. provided two statements to the police, one on March 9, 2017 and one on March 16, 2017. Her mother was present during her first statement, and at that time she did not name and was not forthcoming about her involvement with “Zaddy”, a person she later described as M’s pimp. In her second statement T.T. provided DC Owen with more detailed information about Zaddy and her relationship to him and provided a series of BBM messages she exchanged with him.

T.T. subsequently identified “Zaddy” as Christian Crosdale in a photo line-up. [ 7 ] In relation to M.C., the defence submits that she is not a credible or reliable witness, particularly given prior inconsistent and admittedly false statements to the police. The defence submits that her evidence does not establish that she was in an exploitive relationship with Mr. Crosdale and does not establish that he recruited her, or that he exercised control, direction, or influence over M.C.’s movements. The defence submits that M.C. freely chose to participate in the sex trade, and that Mr.

Crosdale did not take control of her identification or assault her. The defence submits that M.C. asked Mr. Crosdale to hold her money and identification for her and he

returned it when she asked for it back. [ 8 ] In relation to T.T., the defence submits that there are serious concerns about her reliability and credibility due to her prior inconsistent statements. The defence submits that Mr. Crosdale did not recruit T.T. for the purposes of exploitation. He met her only once and was not in an exploitive relationship with her. The defence submits that he did not procure T.T. to engage in prostitution, and did not exercise control, direction, or influence over her movements.

He never received any money from T.T. and T.T. was interested in participating in the sex trade prior to meeting Mr. Crosdale. She freely chose to offer sexual services for consideration. The defence submits that Mr. Crosdale did not take the photographs of T.T. and that the images do not constitute child pornography. Moreover, the defence submits that the Crown has failed to establish that Mr. Crosdale knew that T.T. was under the age of 18 years.

He was told by M.C. that T.T. was over 18 and had an honest but mistaken belief that this was the case. [ 9 ] The issues of credibility and reliability are important to many of the determinations in this case. The defence pointed to material inconsistencies in the evidence of both M.C. and T.T. Despite these inconsistencies, I have concluded that on the key issues, with one factual exception in relation to her knowledge of the age of T.T., M.C.’s evidence is credible and reliable, as is that of T.T.

Their evidence was strongly corroborated by data extracted from a number of cellular phones analyzed by the police including BBM messages between Mr. Crosdale and T.T. that speak clearly and directly about the nature of Mr. Crosdale’s and T.T.’s relationship, backpage.ca postings, photographs taken by the YRP at the Anndale condominium, items seized from Mr. Crosdale and his vehicle following his arrest, surveillance footage from the Anndale condominium from March 6, 7, and 9, 2017, the evidence of Debra Munny, and the evidence of M.C.’s mother, S.I. [ 10 ] Mr.

Crosdale’s knowledge of T.T.’s age is an essential element of a number of the offences including count 1 trafficking of a person under the age of 18 years contrary to s. 279.011 of the Criminal Code ; count 2 procuring a person under the age of 18 years contrary to s. 286.3 of the Criminal Code ; and counts 5-8, the child pornography offences contrary to s. 163.1(4) , 163.1(4.1) , 163.1(2) , and 163.1(3) of the Criminal Code . [ 11 ] I am satisfied that the Crown has proven beyond a reasonable doubt that Mr. Crosdale knew or was wilfully blind to the fact that T.T. was under the age of 18.

In respect of those offences which require that the accused take all reasonable steps to ascertain the age of the complainant, I find that the Crown has proven beyond a reasonable doubt that Mr. Crosdale did not honestly believe that T.T. was over 18 years of age, and did not take all reasonable steps to ascertain T.T.’s age. [ 12 ] At trial, the Crown called M.C., T.T., and M.C.’s mother S.I. The Crown also called two police witnesses, DC Owen and PC Chiu.

The police evidence was primarily related to the analysis of a number of electronic devices that were seized and analyzed, BBM messages obtained by DC Owen from T.T., and backpage.ca advertisements located by the police. In addition, the parties prepared two agreed statements of fact relating to other evidence obtained during the investigation, including a photo line-up conducted with T.T. in which she identified Mr. Crosdale as “Zaddy” and regarding evidence seized from Mr. Crosdale and from his vehicle following his arrest. No evidence was called by the defence.

I am satisfied that the evidence when viewed as a whole establishes beyond a reasonable doubt Mr. Crosdale’s guilt of all of the offences charged with the exception of count 10 which the parties jointly recommended that I dismiss. These are my reasons. B.

Summary of the Evidence i. Evidence of M.C. [ 13 ] The evidence of M.C. and T.T. was detailed and lengthy. I have attempted to provide a

summary of their evidence that outlines the core aspects of the evidence, including some of the frailties, which will provide context for my subsequent analysis. I have woven some additional facts into my analysis and conclusions. [ 14 ] M.C. was vulnerable when she met Christian Crosdale, whom she knew as “Ty”. M.C. began working as an escort in the sex trade around the summer of 2016 when she was 19-years-old. In the time frame leading up to when she started escorting, M.C. was not getting along well with her mother, S.I., and had not seen her father for many years.

M.C. had dropped out of high school, was working in a factory, and was living with her boyfriend. When she began escorting M.C. first worked for a pimp named “JP” who was very abusive. [ 15 ] Around August 2016, M.C. was contacted by “Ty” over BlackBerry Messenger. He obtained her contact information through her “backpage.ca” advertisement. After speaking with him over BBM for a week or two, M.C. agreed to meet Ty at a Motel 6 in Burlington, Ontario. He talked with her about whether she wanted to work with him and told her that her life would be better with him than it was with JP.

Three days after she met Ty, M.C. was assaulted by JP and suffered bruising to her face and a concussion. As a result, she decided to move to the Best Western and work with “Ty”. [ 16 ] After agreeing to work with Ty, M.C. worked with him for about a month. She described working every day from when she woke up until when she went to sleep. She explained that she worked all the time because she had nowhere else to go. She no longer had an apartment and would stay at a hotel for a week and then move to another hotel often in another city. Generally, she moved on Mondays.

M.C. explained that because she was still new to escorting Ty decided the locations where she should work and “put her” in higher-end hotels. She booked the rooms herself and Ty would give her money from the money she gave him to pay for the rooms. [ 17 ] M.C. saw fifteen to twenty clients a day and made approximately $5000 a week. She gave Ty all the money she earned. She explained that when she reached $2000, Ty would come and pick up the money. M.C. testified that if she made less than $500, Ty would tell her that it was a waste of his time.

M.C. testified that she gave Ty her money on the understanding that he was going to put it in a safe for her so that she could get a condominium. She testified that she did not end up getting any of the money. [ 18 ] M.C. used backpages.ca to post her advertisements. She took photos of herself to post on backpages.ca and sent them to Ty to post. He sent her a paragraph to send to clients telling her what to tell them but she decided what services to provide. M.C. explained that at the beginning of their relationship she posted her ads herself.

However, over time Ty took over posting because he said he knew best when to post.

[ 19 ] When asked to describe their relationship in the first month, M.C. said that Ty was “very kind” to her. However, after approximately a month, M.C. stopped working with Ty after she was in a serious hit and run car accident in which the driver was killed. On the night of the accident, M.C. went out with a friend without telling Mr. Crosdale because she felt she deserved a night out after having worked a month. M.C. testified that Mr. Crosdale thought she was lying about what happened, deleted her from social media, and stopped talking to her. On the night of the accident she had only $500.

Ty kept the remainder of what she had earned up to the point when he cut her off. [ 20 ] After Ty cut contact off with her, M.C. went back to working with JP. Once again he was violent and aggressive. M.C. attempted to leave JP and worked on her own for a period of time. After she left, M.C. testified that JP had some of his friends come after her and she was with them for a period of time before she was able to leave. [ 21 ] During this period, around the first week of December 2016, M.C. began to speak with Ty again. He obtained her new phone number from backpages.ca and initiated a meeting with her.

He asked her if she wanted to talk business and she met him at the Holiday Inn in Oakville. They talked about what happened previously and he told her that she needed to act better than before. He spoke of honesty, loyalty, and respect. M.C. testified that she believed that she did not deserve the money she earned during the first period that she worked with Ty because she disrespected him by not telling him where she was going the night of the accident and she decided to work with him again.

She testified that in addition she knew that he had the money that belonged to her, she had no money to support herself, and believed that he would help her. M.C. continued to work with Ty until her arrest by the YRP on March 8, 2017. She testified that at the point of her arrest she did not have safety concerns and at that point was not considering ending the relationship with Ty. [ 22 ] During the second period that M.C. worked with Ty her work

schedule was the same as it had been previously. She worked every day and generally moved between hotels on Mondays. In cross-examination, M.C. agreed that she was not forced to work every day and that she chose to do so. [ 23 ] M.C. testified that during the first period she had set the rates she charged clients, however, after she began working again Ty set the rates. He prepared a paragraph for her to send to clients. M.C. testified that she decided the type of sexual services she would provide. During the second period, M.C. estimated that she made about $60,000. She gave all of it to Ty.

He would come and meet her at the hotel room, they would talk, and she would give him the money. [ 24 ] M.C. testified that usually Ty would pick the locations that she worked out of and drive her to the hotels. She continued to book the hotels herself and Ty gave her the money to pay for the hotels. Sometimes she had to request that he provide her with the identification necessary to do a booking because he had her identification. [ 25 ] On two occasions M.C. went to Niagara Falls. Ty drove her there and picked her up on both occasions, but did not stay with her.

She made four or five thousand dollars while in Niagara Falls and gave the money to Ty. [ 26 ] In regards to her identification, M.C. testified that when she was working with JP, JP took her identification from her and threw it out. Ty helped her to get new identification, and once she obtained her identification, it was in her possession for a period of time. However, Mr. Crosdale took possession of her bank card, credit card, health card, and driver’s licence because he did not trust her after an incident occurred around New Year’s when she went out without his permission.

During her testimony, M.C. identified images of her driver’s licence and credit card located on Mr. Crosdale’s Samsung phone. She explained that he sent her the pictures over BBM so that she could book a hotel. [ 27 ] While working with Ty, M.C. testified that she did not have any friends outside of the sex trade. She testified that Mr. Crosdale did not permit her to have friends unrelated to the business because it interfered with his money and he would get upset. He wanted to know where she was.

However, M.C. testified that during the second period her relationship with her mother began to improve and she went to visit her a few times. When she went to visit her mother Ty drove her once or twice. [ 28 ] Mr. Crosdale and M.C. had a sexual relationship and were often intimate when he came to see her. She had feelings for him, but explained that she knew the relationship would not progress because she worked for him. M.C. testified that she and Ty did not socialize often, but while she was in Cambridge they went to the movies and sometimes on Mondays they would go to strip clubs.

Occasionally, they went to dinner or went shopping together. M.C. did not know where Ty lived. She did not know his family or friends, and she did not know his real name. She knew him only as Ty, or Zaddy, a name associated to his BlackBerry messenger identity. [ 29 ] The New Year’s incident that led to Mr. Crosdale taking her identification because he did not trust her occurred shortly after New Year’s day 2017. M.C. described the incident as the only occasion that Ty was physically violent towards her.

M.C. explained that she was staying at the Delta Chelsea in Toronto and ended up working over New Year’s because she had nowhere to go. She said because it was not going well she decided to go to a bar with a friend. At around 2:30 a.m. Ty called and asked where she was and became upset when he learned she was at a bar with a friend. [ 30 ] Ty came to see M.C. at the Delta Chelsea a couple of days later to have a “conversation” with her. She explained that when he came up to her room he looked “pissed off” and she believed that he wanted to hurt her.

He took off his rings, put them on a cloth, and hit her twice in the face. She explained that he backhanded her, describing what he did as a “pimp slap”, which she described as occurring when a sex trade worker disrespects the person they are working for by “acting out of pocket”. She explained that this means not acting how the person you are working for thinks you should be acting. He told her that the next time she did something wrong it would not only be a slap, that he would break her jaw or her nose. After he hit her he wrote “honesty”, “loyalty”, “respect” and “teamwork” on a piece of paper.

M.C. said that she felt like she had “brought him down”. She did not consider ending the relationship because she knew that if she left him she would start off with nothing. He had all her belongings. After this happened, M.C. proceeded cautiously and made sure she did not upset him again. She tried to work harder.

She testified that this incident was the only time that he was physically violent with her, and said that he was apologetic afterwards. [ 31 ] M.C.’s indication that Ty’s use of physical violence against her was isolated was given despite the fact that there was also an incident of sexual violence which investigators learned about when a video and still images of the incident were located on Mr. Crosdale’s phone. When shown a copy of the image in her examination-in-chief, M.C. acknowledged that the video depicts her in a black

mask that covers most of her face performing oral sex on Mr. Crosdale. M.C. testified that she did not willingly participate in the sexual activity while wearing the mask but it was something he wanted her to do and she did everything he told her to do. [ 32 ] After the slapping incident at New Year’s, M.C. testified that she continued to work every day, although sometimes on Mondays she worked only enough to pay for her room. Ty continued to post for her on backpage.ca.

M.C. controlled the phone associated to the number listed on the backpage.ca advertisement and received the text messages from clients responding to the backpage.ca ads. M.C. said that on at least one occasion Ty looked through her phone to make sure she was not talking to anyone behind his back and this made her feel anxious. [ 33 ] M.C. described her routine. She would wake up and text Ty, tell him she was up, get ready, eat something, and then text Ty when she was ready to work. He would then post on backpage.ca. He would post three times a day.

After the initial post, he would also post before or around dinner time and at 11:00 p.m. If M.C. was not receiving many contacts on her phone she would contact him and he would post when he felt it was necessary. Each night before M.C. went to bed she would contact Mr. Crosdale to tell him how much she made. If she made a sufficient amount he would come to where she was working and pick up the money in the morning. [ 34 ] M.C. continued to give Ty the money she earned. She explained that she never “held money” and that she kept only enough to pay for food and hotels.

She did not have a set quota for how much money she was required to make daily, but she and Ty discussed quotas occasionally. Sometimes Ty would text her and ask if she had a quota or earning goal for the day and they spoke of landmark goals. M.C. said that Ty rarely made an issue about the amount of money she was making, but if things were really slow he would get a bit irritated, but he did not get angry. This continued until she was arrested on March 8, 2017. She considered leaving a couple of times, but did not because he had all her money. [ 35 ] M.C. said that as an incentive, Mr.

Crosdale told her that for every $5000 she earned he would buy her a special item. However, he followed through only once. On that occasion they went shopping together and he purchased a Luis Vuitton purse for her. M.C. said that she did not ask for things because she thought he would say no and she did not want to upset him. She testified that if she asked for things he would tell her not to act greedy like the other girls. Ty also helped her to “upgrade” by arranging for her to get her hair and nails done, and tanning so she would present better and could make more money.

He booked the appointments, drove her to them, and paid for the services. [ 36 ] In January 2017, M.C. got a tattoo which included the name “Ty” on her left shoulder. M.C. explained that Ty knew she liked tattoo’s and he contacted her to tell her that he had booked an appointment for her to get a tattoo. She testified that Ty picked the tattoo artist, drove her to the appointment, and picked the tattoo, the eye of Horus. He dropped her off and then left to run errands. She said that the decision for his name to be part of the tattoo was a last minute decision of Ty’s.

While the tattoo was being completed he messaged her and told her to add “Ty” to the tattoo. [ 37 ] On March 6, 2017 M.C. met T.T. for the first time. M.C. said prior to meeting her in person, T.T. contacted her over social media. They spoke over Facebook, Snapchat, and by phone for about a week before meeting. She did not know her previously but T.T. brought up JP’s name and the name of another escort, Cora, who M.C. knew. M.C. testified that T.T. said that Cora and JP were very demanding and as a result she wanted to work with M.C.

M.C. testified that she and Ty had previously spoken about her working with someone. Initially, Ty told her to keep to herself, but after a while he spoke to her about finding someone else so she would not be alone. He told her that he had picked up another girl and that within two weeks she had a friend working with her. M.C. indicated that she wanted to please him and this motivated her to find someone but indicated that it was coincidental that T.T. ended up contacting her. [ 38 ] After T.T. contacted her, M.C. spoke to Ty about her. She told Ty that T.T. wanted to work with her. Mr.

Crosdale told her to keep talking with T.T. and to determine if she was “down for the team”. If so, he instructed her to tell T.T. to take a cab to meet M.C. and he would pay for the cab. [ 39 ] On March 6, 2017, M.C. arranged for T.T. to meet her at unit 1504, 2 Anndale Drive, Toronto, a condominium she was going to be working out of that week. Ty drove M.C. to the condominium, she picked up the keys, and Ty gave her the money to pay for T.T.’s cab. Ty planned to meet T.T. later that evening. T.T. arrived by cab in the evening and M.C. paid the driver.

After T.T. arrived, M.C. and T.T. went out to get some food and some items for T.T. from the Rexall drug store. [ 40 ] Later that night, Ty returned to the condominium and met T.T. Ty wanted them to take pictures to be posted on backpage.ca. He brought earrings, a diamond choker, and a diamond wristlet for them to wear in the pictures. M.C. and T.T. took the pictures using their phones. They took individual pictures and a number of poses together. [ 41 ] After they took the pictures, Ty looked at them, chose the ones he liked, and deleted others. M.C. and T.T. sent Ty the photos to post.

M.C. then deleted the pictures from her phone. Ty decided which photos would be posted on backpage.ca He initially posted the photos of T.T. and subsequently posted the photos of M.C. including one of M.C. and T.T. together. Ty sent M.C. the links to the backpage.ca ad after he posted. M.C. indicated that she provided Ty a description to be used in the backage.ca ad but did not know if he used it. She knew that the ad was posted on backpage.ca because she was contacted by clients. [ 42 ] M.C. testified that after the ad was posted she saw clients on her own, T.T. saw one client, and they saw a client together.

When she was arrested she had approximately $1000 and T.T. had approximately $500 from these transactions. They worked together less than twenty-four hours. M.C. said that she did not discuss with T.T. what would happen with her money but M.C. believed that T.T. would be giving Ty her money, and Ty asked her if she told T.T. “how it’s going to go.” She understood that he was asking her whether she told T.T. that she would be handing her money over to him. [ 43 ] In respect of T.T.’s age, M.C. testified that before she met T.T., T.T. told her that she was 19 and M.C. relayed this to Ty.

When she met T.T. in person, T.T. told her she was only 18 and she believed her. She could not recall if she told Ty that T.T. was only 18. [ 44 ] T.T. never provided any identification. M.C. asked T.T. if she had identification and she told M.C. that she did not have any identification, but would get identification in four weeks. T.T. told M.C. that she was not in school and was working at an outlet. She

said different things about where she lived and mentioned Barrie and Toronto. M.C. did not make other inquiries to confirm that T.T. was 18 or older and she was not aware of Ty making any inquiries. During cross-examination, M.C. testified that she first learned T.T. was under 18 when she was arrested. [ 45 ] On the night of her arrest, M.C. was expecting a client to attend the condominium for a duo with T.T. When she answered the door a number of police officers entered and she was arrested. She was placed in a police cruiser and taken to the police station.

M.C. had never been arrested prior to March 8, 2017. [ 46 ] M.C. was interviewed by the police three times, shortly after her arrest on March 8, 2017, following a subsequent arrest on April 12, 2017, and on May 4, 2017. M.C. testified that in the first statement following her arrest she was aggressive and did not say anything. She did not want to talk to the police and did not tell the police about Ty. She said that the police asked her about “Jay” (a name provided to the police by T.T.) and she said she did not know who that was.

She said that if the police had directly asked her about Ty, she probably would not have told them anything because she did not want to get him in trouble. [ 47 ] M.C. was released from custody and continued to have contact with Ty following her arrest. Her mother texted Mr. Crosdale and asked him to meet them to return M.C.’s identification. M.C. asked him for money and told him she did not have any. He met her and her mother in a parking lot outside of a nail salon in Mississauga and brought her identification and $500.

She told him that she had been arrested, and he told her that he thought she had run off with T.T. He commented that he was glad she had not run off or he would have gotten his friends after her. [ 48 ] M.C. agreed that in her April 12, 2017 statement she said things that were not true. She testified that she knew the statement was under oath and that she was obliged to tell the truth and she was cautioned by the police that if she lied she could be charged with a crime.

She explained that at the time of her second statement her life was in transition, but she was still uncertain about whether she would return to escorting. She indicated that she was more willing to talk to the police, however, she continued to feel badly about implicating Mr. Crosdale and was not very open.

She did not have contact with Ty after her arrest on April 12, 2017 as a result of a no contact provision. [ 49 ] M.C. provided the May 4, 2017 statement because she contacted the police and requested an opportunity to provide a further statement in order to correct information she had previously given to the police and to provide further information. M.C. explained that she was subject to house arrest for eight months and had a lot of time to think. She said that she was beginning to appreciate that Mr.

Crosdale had betrayed her, that he was not trying to help her, and his involvement with her was for his benefit. She realized that he had been using her. In addition, she knew that it was wrong to lie to the police. [ 50 ] In cross-examination the defence established a number of important inconsistencies between M.C.’s first two statements and her evidence at trial including: • At trial she indicated that Ty had her identification because he did not trust her after the New Year’s incident.

In her April 12, 2017 statement she said he had her identification because she asked him to hold it for her because someone tried to steal money from her purse. During cross-examination, M.C. said this was not true and she corrected the false information when she provided her third statement. In her third statement M.C. said that Ty would leave her with her driver’s licence because she needed it to get into the hotels, but he took everything else including her health card and bank cards so she could not deposit money.

She said that it was a means of controlling her because he did not trust her and thought she would run away. • At trial, M.C. testified that after her arrest when she asked for her identification and money back Mr. Crosdale gave her only $500. In the April 12, 2017 statement she said that he gave her the money she asked for and had returned $1000. At trial M.C. agreed that she never asked for all her money back but said that this was because she was still thinking about going back to him. In her May 4, 2017 statement M.C. said that when she told him she needed money she knew she would not get it back.

He met her and returned $500 and her identification. She told him that she needed money for a lawyer and related expenses and he said when it gets to that point they would talk about it. After that, he would not talk to her for weeks and when she would bring it up he told her that when she got back on her feet they would get things going again. She said she needed more money, and he said “don’t dip too much into your funds”. • M.C. agreed that on April 12, 2017 when asked if she was ever fearful of Ty she said “never”, and when asked if he was ever intimidating, she said “No”.

At trial M.C. testified that this was not true, and agreed that she lied. She said that she was fearful of him for weeks after he hit her. • At trial M.C. testified that although Ty promised to get her something each time she made $5000 the only thing she received was the Louis Vuitton purse. In her April 12, 2017 statement, she said that after reaching the second $5000 he “introduced” her to having her hair done. In her testimony, M.C. explained that he did introduce her to having her hair done but that was not what she requested.

In re-examination it was established that in the May 4, 2017 statement M.C. indicated that after she received the Louis Vuitton purse she did not get anything further stating “after I made like probably 20 grand after my purse, I didn’t get anything. Like I got my hair done. Like probably once, and that is about it”. [ 51 ] In cross-examination Mr. Caroline identified a number of prior inconsistent statements that M.C. made to T.T. during the time they were together:

• She agreed that she told T.T. that Ty was a good guy and he was not bossy, did not tell her what to do, and did not beat her. • She agreed that she probably told T.T. that he was not abusive and that T.T. was free to leave any time she wanted. In re- examination M.C. explained that she believed that she was being manipulated by Mr. Crosdale and although she did not think he was abusive during the time she was working with him after she had time away from him and thought about the situation she came to realize that he was abusive. • She may have told T.T. that she did not have to give money to Ty.

In re-examination M.C. clarified that she did not recall if she told T.T. that she could keep her money. • It was possible she asked T.T. over social media to be her rider girl. In re-examination M.C. clarified that she did not recall speaking about being a rider girl with T.T. and “rider girl” was not an expression that she used. [ 52 ] One additional and important inconsistency relates to M.C.’s knowledge of T.T.’s age. M.C. testified that she did not know T.T. was under 18 until she was arrested.

However, T.T. testified that M.C. learned she was only 16 when Cora saw a photo of them together on Instagram and told M.C. that she was 16. She said M.C. said she should have told her. [ 53 ] In addition, in cross-examination M.C. agreed that Ty did not tell her to find someone else to work with her. She wanted to work with T.T. to have companionship.

However, in re-examination, M.C. clarified that although he did not directly tell her to find someone, he told her that a girl he had for a short time had already found someone to work with her and she wanted Ty’s attention and did not want him to feel that the other girl was better so she felt she needed to find someone to work with her. [ 54 ] M.C. was asked a number of questions regarding the tattoo she obtained in January 2017. She agreed during cross-examination that she instructed the tattoo artist, Neil Kelling, to add the name Ty after she received a text from Ty.

She agreed that after the tattoo was completed she told the tattoo artist that it was a good job and that she would recommend him and that she posted the tattoo on Instagram. She also agreed that she contacted the tattoo artist sometime in 2018 to indicate that she was interested in participating in a contest for a free tattoo. However, M.C. explained that the tattoo was completed about a week after Ty assaulted her and she was not going to say no to him when he suggested the tattoo and told her to add Ty to the tattoo.

M.C. explained that although she was proud of the tattoo when it was done, she later regretted it but this did not change her view that the tattoo artist was talented. She subsequently had the tattoo removed. [ 55 ] At the time of trial, M.C. had no outstanding charges. Prior to trial she pled guilty to one offence in relation to the events at the Anndale condominium. On October 24, 2017 M.C. received a conditional sentence with house arrest for 12 months and 12 months’ probation. The defence suggested that M.C. had a motive to fabricate exploitation by Mr.

Crosdale in order to better her situation vis a vis her own charges. [ 56 ] The key areas of inconsistency related to whether Mr. Crosdale possessed M.C.’s identification and money for safekeeping, or as a tool of control and for his own benefit, whether he withheld her money, whether he was physically abusive and controlling, whether she was fearful of him, and whether she knew T.T. was under 18-years-old prior to her arrest. In order to avoid repetition, I have dealt with some of the specific inconsistencies and issues raised by the defence in my analysis of the charges. [ 57 ] Mr.

Caroline suggested that I should treat M.C. as a Vetrovec [1] witness. I have approached M.C.’s evidence with caution recognizing that she has made prior inconsistent statements on material matters, including inconsistent statements that were under oath and subject to caution and that at the time she gave her statement she was also charged with criminal offences related to the events at the Anndale condominium. However, aside from these facts, M.C. had no prior criminal record, had not been previously arrested, and did not have a history of dishonesty.

I have kept in mind that I may choose to believe and rely upon all, some, or none of her evidence. [2] [ 58 ] Despite the prior inconsistent statements, and the fact that M.C. was also charged with offences related to the events at the Anndale condominium, I find that her evidence at trial was largely credible and reliable. The key exception relates to M.C.’s knowledge of T.T.’s age. I accept the evidence of T.T. that on the second day they were together M.C. learned through Cora that she was only 16- years-old.

I also believe that M.C. knew or was wilfully blind to the fact that T.T. was under 18-years-old when she first met her. T.T. appeared very youthful, made inconsistent statements to M.C. about her age, and was unable to provide any identification. She was vague about where she lived and worked previously. I also believe that M.C. understated her role in the recruitment of T.T.

[ 59 ] Like many honest witnesses, M.C. had some minor difficulties remembering the chronology of certain events and the exact timing of certain incidents. [ 60 ] Subject to these exceptions, I found M.C. to be generally a credible and reliable witness who was sincere and did her best to be accurate and truthful. I accept that at the time of M.C.’s initial statement, immediately following her arrest, and at the time of her April 12, 2017 statement, M.C. wanted to protect Ty.

She was reluctant to identify him or implicate him in wrongdoing and was not truthful with the police about the nature of their relationship. I accept that at that time she cared for Mr. Crosdale and did not fully appreciate the extent to which he exploited her or the control that he exercised over her. M.C. was immersed within the sex trade, a place where some of the exploitive behaviours were normalized and a part of everyday life. I accept that it took time and separation from her life with Mr.

Crosdale for M.C. to recognize and be ready to openly discuss the true nature of their relationship. [ 61 ] In addition, it is not surprising that M.C. was initially reluctant to implicate Mr. Crosdale. Although he was her pimp, she was emotionally attached to him. They shared an intimate relationship, and although M.C. knew the relationship would not progress she cared for him. In addition he had isolated her from others for months and was one of her only sources of companionship. I accept that despite his acts of violence and control towards her she saw him as kind and believed he was remorseful.

That she would perceive him as kind is not shocking given the contrast between his behaviour, exploitive as it was, and the serious physical abuse she suffered at the hands of her previous pimp, JP. [ 62 ] In addition, at the time of her first and second statements, M.C. thought she may continue working in the sex trade with Mr. Crosdale and he had all of her money. She had a significant interest in protecting him and seeking to maintain the relationship. After a period of time away from Mr.

Crosdale, M.C. took the initiative to speak with the police and correct the inaccurate information she had provided. [ 63 ] I do not accept that M.C. fabricated information to better her own circumstances. The evidence did not show that the information that she ultimately provided implicating Mr. Crosdale was given as a quid pro quo in exchange for favourable treatment of her criminal charges. There is no evidence that the police offered her a deal, or that there was any assurance that she would benefit by way of a less severe sentence if she agreed to testify.

Finally, M.C. did not appear to display any particular contempt for Mr. Crosdale and did not present as vindictive. She often painted him in a positive or sympathetic light. She did not overstate the evidence. [ 64 ] Significantly, many aspects of M.C.’s evidence are supported by extrinsic confirmatory evidence and overall her evidence made sense. ii. Evidence of T.T. [ 65 ] T.T. was also called as a witness by the Crown.

In addition to her viva voce evidence two statements provided by T.T. to the York Regional Police on March 9, 2017 and March 16, 2017 were adopted by her and admitted pursuant to s. 715.1 of the Criminal Code . [ 66 ] T.T.’s birthday is […], 2000. In March 2016, T.T. was 16- years-old, and in grade eleven. Like M.C., she was vulnerable. She was living with her mother in Barrie. Her father lived in Aurora but her relationship with him had deteriorated and she was depressed. She was not attending school regularly because she was being bullied. She could not work because she did not have a social insurance number.

When she was 14 years old, T.T. learned that her parents were not her biological parents when her biological mother contacted her in an effort to establish a relationship. In the timeframe leading up to the allegations, T.T. was in contact with her biological mother and father. Both were involved in the sex trade. In addition, T.T. was involved in a relationship with a 22-year-old man, whom she described as abusive. [ 67 ] T.T. knew JP, M.C.’s former pimp, because he was her sister’s ex-boyfriend. She knew his new girlfriend Cora and understood that M.C. and Cora had worked as escorts for JP.

T.T. indicated that she followed M.C. on Instagram and then added her on Snapchat and M.C. messaged her and invited her to hang out with her. This led to her meeting M.C. at the Anndale condominium on March 6, 2017. T.T. indicated that she first started talking to M.C. about a week prior to meeting her and she told her about how escorting works. M.C. told her she was getting a condominium and invited her to come and see it. [ 68 ] In her March 9, 2017 statement T.T. said that she got involved in the sex trade because she wanted to earn money and could not

work because she did not have a social insurance number. She said that March 7 and 8, 2017 was the first time she had worked as an escort, although she had previously thought about escorting with Cora. She emphasized that it was her choice to become an escort and denied that M.C. had convinced her. She indicated that she did it because she needed the money and noted that she saw M.C.’s Louis Vuitton purse and thought that it was “all lavish”. [ 69 ] T.T. indicated that she took a cab to the Anndale condo and M.C. paid for the cab.

She was at the condominium with M.C. from March 6, 2017 until she was arrested on March 9, 2017. On the night she arrived she went for dinner with M.C. and they went to Rexall to buy some things including condoms and lube before returning to the condominium. After they returned to the condominium, M.C. went downstairs to get Zaddy, her pimp, and he came to the unit. This was the only time she met Zaddy. [ 70 ] T.T. indicated that when they met he told her that she looked prettier in person than on Instagram.

He then told her that they were going to “get into it”, and they then took photographs to be posted on backpage.ca. He gave her a choker to wear. Although she did not like it, he told her “all my girls have something glamorous in their pictures” so she wore it. M.C. and T.T. took pictures using their phones. T.T. said that Zaddy was present the entire time but did not take the pictures. She did not recall him telling her how to pose. She initially used her phone, but it was not working well so she used M.C.’s and sent the pictures she took on her phone to M.C.

She took a lot of pictures and Zaddy picked the ones he liked. T.T. indicated that it took a while to take the photos because they were trying to get ones that Zaddy was satisfied with. She thought he was at the condo for one to two hours. M.C. sent the pictures to Mr. Crosdale to post on backpage.ca and he posted the ad. [ 71 ] While Zaddy was at the condominium he spoke with T.T. about how things would work.

He instructed her to text him when she had a half hour call and he would text her over BBM half an hour later to make sure they were okay. [ 72 ] T.T. testified that after the ads were posted she and M.C. “ran their own phones”, meaning they communicated directly with clients responding to the ads on their phones. She testified that she did two duos before the police attended and when the police arrived she was expecting to do another duo with M.C. She and M.C. both had oral sex with the first client and they had intercourse with the second client the next day.

M.C. did more calls than she did because she was not comfortable doing singles. She sat in the living room while M.C. was doing single calls. She thought M.C. did four or five calls the first night. [ 73 ] T.T.’s evidence about the prices and money she made had slight variations. She said that she and M.C. set the prices for services including a duo price, and that the prices started at $280 for “head” for half an hour with the prices increasing from that point. In her second statement she said the prices were $240 for a half hour, and $400 for an hour.

In one statement she indicated that she made $400 in total, which was seized by the police with her coat and phone when she was arrested, while at another point she indicated that she did two half hour calls and made $480. [ 74 ] In relation to her routine while at the condominium, T.T. said that Zaddy would call them to wake them up and then they would get ready. They woke up at around 9 a.m., got ready by 10:30 a.m. or 11:00 a.m. and went for breakfast and exercise. Once they were ready, M.C. would message Zaddy, and he would post and they would get calls.

They would stop around 4 p.m. and then do the same thing again. She indicated that Zaddy told them when to sleep and when to work but also indicated that M.C. told her when to wake up and told her they had to “grind” when she wanted to sleep longer. [ 75 ] T.T. said that on Wednesday, March 8, 2017 she and M.C. went to McDonald’s for breakfast at 8 a.m., returned to the condo, and then showered and washed up and called Zaddy and told him they were ready. They did the second duo and M.C. saw other clients.

They went to Burger King for food and when they returned the police came. [ 76 ] In her statement of March 16, 2017, T.T. provided DC Owen with numerous BBM messages she exchanged with Zaddy. I have no doubt that “Zaddy” is Christian Crosdale, and that the BBM exchanges were between T.T. and Christian Crosdale. The BBM icon contains a photo identified by M.C. as Mr. Crosdale. The photo utilized in the icon was located on Mr. Crosdale’s Samsung S6 phone seized from his vehicle on the day of his arrest and M.C.’s cellular phone also had contact with “Zaddy”.

T.T. indicated that she met Zaddy at the condominium the first night she arrived and he gave her his BBM contact information that night and they continued to communicate over BBM after he left the condominium. The surveillance footage from 2 Anndale referenced below shows Mr. Crosdale attending and leaving the 2 Anndale condominium in the early morning hours on March 7, 2017. [ 77 ] The BBM messages obtained from T.T.’s phone (Exhibit 13) provide compelling evidence of the nature of Mr. Crosdale’s relationship with T.T. T.T. indicated that she and Mr. Crosdale began exchanging messages shortly after Mr.

Crosdale left the condominium. Most of the relevant messages and dates are set out below. The messages from Mr. Crosdale are italicized for ease of reference.

http://toronto.backpage.ca/FemaleEscorts.bella-marie-petite-mixed-spanish-filipino-girl-amazing-mout-skills . [Mr. Crosdale sent a link to the backpage.ca advertisement advertising T.T.’s sexual services. The descriptors match the backpage ads containing photos of T.T. and M.C. posted on March 7 and 8, 2017 and located by the police (see exhibits 4, 5, and 14). T.T. identified the ads and explained that M.C. and Zaddy picked the name Bella Marie for her]. March 7 Hi hun, my rates are 120hh, 220hr full service. BBBJ included. Ima real girlfriend experience. [Ms.

T. indicated that Zaddy sent her this message to send to each client. BBBJ referred to bare back blowjobs]. With me the grass is always greener on my side of the fence. There’s no goal to big to accomplish. You can have anything you want form me. I’ll be taken care of you with no worries at all anymore your journey to to living lavish an becoming an upscale starts today. As long as you grind hard and you’re loyal and respect everything, everything will run smoothly. [T.T. explained that grind means to have sex for money] Thank you so muchhhh! So nice meeting you today. Super excited to start this journey. FrFr.

Of Course. All those are a must, I have them. An all I gotta do is prove it. March 7 : Exactly, your head is on straight you have a lot of potential. Your future is looking bright. Super excited. Thank you so much! March 7: Get a good sleep I’ll talk to you tomorrow. Gnite. March 7: Sorry, the wifi got turned off last night & I did not see your message til now. March 7 : Good morning. Your official first day so get ready brush your teeth do ur make up straighten your hair an get dressed an you and M.s gonna go grab food an when you guys get back Ima post both yall. March 7: Morning!! Aw ok! Sounds good. Yess.

We’re getting ready both rn. March 7: We’re back. March 7: Aight cutie. Mar 7: When you get a call you message me hh or an hr and when they leave you msg me out so I know it went well. Mar. 7: ok. I will 100%. You have a lot to prove. Ima be watching you closely, making sure you on point and making smart choices. We are all about positivity an living lavish. You gonna have pimps messaging you talking pure shit. ignore them you with me now and there’s nothing a nig can do for you that I can’t. This is your week to show me u down.

S o let’s have a good week and after we gonna go celebrate and pop a bottle toast to the journey we gonna take an the good life you gonna live . March 7: Definitely will be making positive choices! I’m so happy I met you. You’re a good person and so is m. Sounds like a plan. Can’t wait !Grindgrindgrind. March 7: Half hour duo. Aight. Would you consider me a ho for doing this?

I just want somebody’s honest opinion for real, like I’m so in the game but I feel like I’m I guess because it’s my first time, I got to get used to it.” [this message is not contained in Exhibit 13 but was read by T.T. from her phone during the s. 715.1 statement of March 16, 2017. I accept that this message exists but was not captured when the messages were sent to Det. Owen.] March 7: You aren’t a ho, you a go-getter. You a hustler. in regular life u can’t accomplish your goals as fast as u can in this game. no

guy wants a relationship. The wanna smash and dash so why not get paid for it an stack up and live lavish an ho is a girl who fucks for free an wastes her pussy for no reason u are smart for grinding we do it the classy way look at the girls in the states they strip a ball out an live lavish. That’s so true. That made me feel so much better. March 7: I respect you for taken a step to change ur life. As long as ur on this game an u living lavish, and u ain’t a druggie or a drunkie an u have goals no one can talk down on you. u wanna be a baddie, u on the right path. Never dat. Never a druggie.

An I barely drink even, once in …. I have connections for real estate course at a good price a good friend of mine runs the course. SAY WORD. OMG. Word. You young u got plenty of time your only focus is upgrading yourself an getting ahead in life. everything else will fall into (place). Hh duo. An for sure K I’ll msg u when we’re done. March 7 : I just posted u . March 7: Haven’t I been posted. Lol. I post u more than once. Thousands of girls post when I post your ad. Your ad goes down on the list, so I post more than once to keep you girls at the top of the list. Yeah thought so babe. Hh duo. Talk soon.

March 7: Done the hh. Aight. Tricks be loving you guys . lol March 7: they legit loving us Zaddy. ADORING us. March7: you two are a good duo team! A tricks fantasy. Keep up the good work! I know! I have not done a single one. I am still super shy. I needa get use to it first. But I’m loving this so far still. The money. Not even pleasure. Lol. It’s all about the $$$. It issss. We have bare calls rn. Back too back. Where u when she in the individual call . Downstairs. I’m waiting. I got the guy from downstairs, opened the door. When you downstairs keep to urself nigs will try.

I’m holla cuz u cute. 9 times out of 10 a nig is a pimp or a dboy or wants to be a pimp. I ignore everybody. So I’d just ignore. Ya. 100 gotchu. Don’t talk to no nigga. I have respect. If you see a man who’s a potiental trick then you can tell something like if he likes what u can see if him ur work number tell him the rates and keep it moving. a true baddie can pull tricks anywhere . Ofc March 7: What kind of shoes u like. U too cut to b wearing those.an u can’t wear that around me at a stripclub when I take you. Air max still. Yeah I know. What’s ur fav colour and foot size Pink and purple and 8, or 8.5.

Duo call hh.

March 7: Out Aight. He was so fuccked we kawalled him haaardd. $300 for bb and we snuck a condom on. Between our fingers and he didn’t even noice. Notice. March 7: Sneaky girl . M.(M.C.) told me that trick. You got skillz. You a natural. [T.T. testified that they did not give service to this client because he wanted unprotected sex. Instead they “kicked him out” and kept the money. She lied to Zaddy when she said that they had given him service.] March 7: What’s your goal today. Let’s see if we on the same page . 1300. Well that’s an odd number. Lol Or more. I know Ima hit it tho. Ima grind all night. Haha.

Aim for 1000 first then u work on a next goal. never get too ahead of uself . March 7: I was gonna say 1000 actually. Yea for sure. What you at now? 500. Not that good. But It’ll improve. An I’m gonna reach that goal. [ Zaddy sent a screen shot of the goal discussion] each day that’s your goals aim for 500 then once you do that aim for 1000. What happen? then again that’s the key. Yeah. Okay. It il build up. I can tell already. I gotta get you elastics . [T.T. testified that M.C. had a conversation with Zaddy that she overheard in which he told M.C. to teach her about elastics.

She explained that elastics are used to wrap quantities of money.] March 7: Yes please Zaddy. I usually get these cute colourful ones for girls . Pleasee & when can u come check us next. I live in sauga. I’m not far. Right now just running around handling business. Okayyyy. Okayyyy. Okay. Could I get smokes or no? I’m not jus gonna go get them without asking so I thought I’d ask. Ya. I didn’t know u smoke. U have 500 she has 560 so she taken the 60 and u guys get food an smokes. The key to stacking is stacking the even amount spending the odd. Only sometimes! A pack would last me a week!

An I like “the key to stacking is stacking the even amount spending the odd.” March 7: We’re back. Aight. Posted . Okay . Thank you. March 7: Super slow wyd? When was ur last 5 msgs Hug boo?

Ur last 5 messages from tricks. I wanna know the flow. Ohhhh Okay one sec. 1029. But they were 1029, 1024, 933. Slow flow right now. Yea super. We stay up right? What’s ur sleep schedule. U a early morning girl. Or a nite owl. Usually during the week mon-wed. there is the much need to stay up hella late thursday-weekend staying up late is the smart thing to have do cuz ppl looking to have fun. All nite. March 7: Yeah super the weekend must be boominnn.Yea. Did we get a repost. At 12 I’m gonna. Okay sweet. Another thing. Once I reach my goal can we go get me some eyelashes?

Need to stock up & m.(M.C.) said there’s a lit makeup factory. In Saugus I think it was. [T.T. explained that she asked Zaddy about spending her money for eyelashes because she believed she had to ask him if she wanted something.] Eyes isn’t light work. I’ll pick some up for u next time I see u. do u like hers? The length and thickness? Yessss & perfect. Ty so much. I always buy the king an thick. March 8 : Aight. An I posted. March 8: Okay perfect thank you. Speaking of cleaning up.

Go through your ig an get rid of any Ps on your ig.an snapchat. [ig is a reference to Instagram] I’m not honestly and truly sure that I have any, do u see any on my insta that I’m following? I’ll go and unfollow them rn. I use to keep my account unlocked, but now its locked so I can see who tries to add me. Snapchat I don’t have any. March 8 : I haven’t been on your insta, but if you do tho. handle it. Not sure if u can tell but usually in their bio it be some slick shit about making money an bitches u know. Okay.

Yes, I will go through them now & look & ill put zaddys girl wit some good? (happy face emoji) I posted earlier with m.(M.C.) and put this. One sec. [T.T. sent an image of her and M.C., with the hashtags Barbie.ak.#zaddysangels #moneymachines #wifey #condolife #workhardplayharder #rider #baabygurl. She explained that she put Zaddy’s name in her bio on Instagram so that men would know that she has a pimp.] March 8: Tired? Let’s shut it down .” [T.T. understood this meant Zaddy would delete the ad so they could sleep.] Yeah super okay.

All the calls came from the a.m. so hopefully tomorrow is even better than today?” Yeah I know or in the evening when they get off work! Tomorrow will be a better day. Just gonna set my alarm too 9am an be ready by 10? I’ll message u in the am as soon [portion of the message is cut off]. Yeah exactly those times is good to catch the business tricks who on lunch break. Hey. March 8: Gm toooooo you. Did u reply to any missed msgs. March 8: Yes. March 8: U ate an u ready I just posted. Yea. Thank u. Ms (M.C.) being weird today. hmmm wonder if I did something… How she acting weird . She broke her nail today.

I think she just upset.

I know she was putting her shoe on. Even before that. I dk. She isn’t mad at u don’t worry. So far you perf3ct. Okay & ok thanku. Stay this way and as long as you respectful an loyal an grind hard there’s no issues on my part. I’m glad I met u. We both are glad u a cool girl. Always respecting people & … Today is Wednesday, also known as HUMP DAY. Let’s make it a MONEY day. Let’s mil. let’s empty these tricks’ wallets. Oh yeah. It is hump day! Okaaayyy! March 8 : ur short term goal today is? lets see if u catching on. 500? U have 500 now, so ur short turn goal is to turn it to 1000. Then u do it again .

Okay but man I’m not getting nooooo calls rn. March 8: I just posted you. U getting txt tho. Ohhh like right right now or like 5 min ago when u posted me? Yea but they think I’m an $80 whore. Why u say that? They asking me too do 80hh and shit. Like hell na. March 8 : Ur reception is bad. I sent that msg a while ago. Oh it said u just sent it. When u gonna post again? What are the usual times? Sorry for buggin u. (Missed BBM call.) Call U gonna need lipstick to to. Ima get red matte colour. Like a cherry red? The kylie ones a red mat. I think I have a photo. Not cherry. Hold on. I’ll send a photo.

This really isn’t a good one. I couldn’t find a picture but its more poppin in person.[Image of T.T. with red lipstick] file transfer failed. Ur internet slow didn’t let me upload. Mar 8 Ah. This sucks ok I’ll. At 4 ima post. Ok when do u post us again? 8 Sweet ok. March 8 : just posted. What u eat. McDonalds and I feel soooo sick rn. But I should be good when we have our duo calls. Idc moneys money, weather I feel shitty or not u know. But we regret eating it. Ha ha. [ 78 ] T.T. first spoke to DC Owen on March 9, 2017 after the YRP arrested her at the condominium at 2 Anndale, Toronto.

She provided the first statement in the early morning hours following her arrest. She was provided with the right to counsel, cautioned and spoke with duty counsel prior to providing her statement. Her mother was present during the statement. [ 79 ] At the outset of the March 9, 2017 statement T.T. told DC Owen that on the advice of duty counsel she did not want to speak to

the police about the events at the condominium. At trial, T.T. indicated that she was anxious, tired, cold, and was not feeling well. She said that she was not comfortable providing details and speaking about having sex for money in front of her mother. She also expressed in the statement that she did not want to be a rat. [ 80 ] T.T. gave a second statement on March 16, 2017. The second statement was under oath and cautioned.

T.T.’s mother was not present during the second statement and she provided much more information in the second statement. [ 81 ] The defence identified a number of inconsistencies between T.T.’s previous statements and her evidence at trial: In her first statement T.T. said that she did not know M.C.’s pimp’ s name and said that it was “Jay” or something and that he was not from Canada. She said that she spoke to M.C.’s pimp on M.C.’s phone but “that was about it”. In her second statement T.T. disclosed that M.C.’s pimp was named Zaddy.

In her first statement M.C. suggested M.C.’s pimp was not going to be her pimp and she did not intend to give him her money. At trial she testified that she believed Zaddy was her pimp and expected that she would have to give him her money. T.T. explained that she initially said he was not her pimp because her mother was present and she did not feel comfortable explaining that she would be giving her money to a pimp. In re-examination T.T. explained that she understood he was her pimp from the content from the BBM messages and although he did not explicitly state he was her pimp, it was implied.

She indicated that it was also implied that she would be required to give him the money she earned. In her first statement Ms. T. said she wanted to make enough money to get a tattoo done and then planned to go home. In the March 16, 2017 statement T.T. said that she expected that Zaddy would move them to another city on Friday, March 10, 2017. In her statement of March 9, 2017 T.T. said that M.C. did not know her age during the first two days, but learned her age four or five days prior to March 9, 2017.

At trial, T.T. indicated that she did not know why she said that because she was not with M.C. for 4 or 5 days. She agreed that in her statement of March 16, 2017 she said that she would consider M.C. as her pimp. At trial she explained, that she believed M.C. was being controlled to control her, and it seemed that way because she was with her all the time.

In respect of Zaddy she said that while she said he did not seem bossy in her first statements, she believed he was bossy in the text messages because he was telling her what to do. [ 82 ] In cross-examination, T.T. agreed that she decided to work with M.C. to make money. M.C. convinced her it was a good lifestyle and she was not forced or tricked. She agreed that neither Zaddy nor M.C. asked her for money directly and she never gave them any money. When she learned Zaddy was involved, she never indicated that she did not want to continue to work with M.C.

T.T. agreed that she was making a lot of money and she was not unhappy at the point the police intervened. [ 83 ] T.T. testified that although she believed she was working for Zaddy he never forced her to do anything she did not want to do, he was polite, and her understanding from M.C. was that he was not abusive. In her March 16, 2017 statement, T.T. said that she tried to be nice to him because he scared her. When asked why, she explained that he was a big guy. She also testified that he told her if she wanted to leave she should let him know.

She said she did not know what would happen if she left and when he kept saying “loyalty” and “respect” it made her feel that if she left or did not comply there would be a problem. [ 84 ] I am satisfied that T.T. was not forthcoming in her first statement with the police because she did not want to implicate M.C. and Zaddy and was not comfortable speaking about the events in the presence of her mother. I accept that T.T. was more truthful and forthcoming in her subsequent statement and at trial. [ 85 ] I find as a fact that T.T. met Zaddy for the first time in the early morning hours of March 7, 2017.

After briefly meeting him, he instructed her and M.C. to take photos for backpage.ca. After the photos were completed he left the condominium but continued to communicate with T.T. through BBM.

[ 86 ] Despite her failure to initially name Zaddy and despite the inconsistencies, I am satisfied that both she and Mr. Crosdale understood that he was her pimp, and that she would be required to turn her money over to him. His relationship to her as a pimp is clearly implied throughout the BBM messages in which his exercise of control, direction, and influence is evident. In addition, the BBM messages show that T.T. acknowledged this relationship in her Instagram post of March 7, 2017.

The BBM messages also clearly establish the foundation for her expressed concern about what might happen if she refused to comply with his direction and control. [ 87 ] I am satisfied that during her contact with him in person, and over BBM Mr. Crosdale engaged in conduct that could reasonably be expected to cause T.T. to fear for her safety if she did not comply with his direction to grind hard (provide sexual services for money) and that his conduct in fact caused her to feel uncomfortable and fearful.

In addition to the BBM messages, T.T.’s evidence was corroborated in many respects by other extrinsic evidence, set out below. T.T. was a youthful witness and I found that at times she did not appreciate the nuances of certain questions, particularly in cross-examination, which at times led to her becoming frustrated. However, on the whole she gave her evidence in a straightforward manner and did her best to be accurate and truthful. She did not embellish or exaggerate what happened and if anything understated Zaddy’s conduct.

I accept her evidence at trial as credible and reliable in respect of the events of March 6-8, 2017 and her relationship with Mr. Crosdale and M.C. iii. Corroborative Evidence [ 88 ] Exhibit 7 included a number of backpage.ca ads from December 20, 2016, and February 17, 20, 25, 2017, March 5, 2017 and April 4, 2017 which contain photographs of M.C. and advertise the sale of the sexual services of M.C.

The different ads show that M.C.’s services were offered at many different locations including Cambridge/401, Hespeler Road, Guelph; Young and Sheppard (Toronto); Airport and Dixon Road, Mississauga; Pickering at Whites Road and the 401, Durham Region; and Fallsview, Niagara. These advertisements corroborate M.C.’s evidence that during the time she was working with Mr. Crosdale she was working out of hotels, and moving frequently from place to place. [ 89 ] Exhibit 4 contains the backpage.ca advertisement posted on March 7, 2017 at 2:21 a.m. containing images of T.T. and M.C.

M.C. and T.T. identified the images as the photos taken when Ty (Zaddy) was present at the condominium. Some of the photos are of T.T. alone, and some are of M.C. and T.T. together. In the images T.T. is wearing only stockings, a diamond choker, earrings and a bracelet. In one image she is wearing a bra. M.C. is also naked and is wearing diamond neck chokers, bracelets, and earrings. Images of jewelry of the same type in boxes was located on Mr. Crosdale’s phone, and the evidence together tends to corroborate T.T. and M.C.’s evidence that Ty brought jewelry with him for them to wear in the photos.

This supports the inference that Mr. Crosdale intended to take photos of T.T. and M.C. for backpage.ca before he met T.T., and that was part of his purpose in attending the Anndale condominium on March 7, 2017. [ 90 ] The images and text in the March 7, 2017 backpage.ca ad are for the provision of sexual services by Bella-Marie, or for a duo with “Bella Marie” and “Alexis”. T.T. indicated that “Bella-Marie” was the name suggested by Zaddy for her and that “Alexis” was M.C. The ad indicates that the age of the poster is “19”. The location is identified as downtown Toronto, in an upscale condo.

The contact phone number provided is 647-XXX-XXXX, identified by T.T. as her “text now” number, consistent with her evidence that she received contact directly from clients. The time of posting, 2:21 a.m., is consistent with T.T.’s evidence that the photos were taken in the early morning hours and Zaddy posted before he left the condominium. This is also consistent with the timeline established by the condominium video surveillance. [ 91 ] Exhibit 14 is a photocopy of the notebook of DC Owen. DC Owen began the investigation when T.T.’s father contacted him because he was concerned about his daughter.

Her father provided DC Owen with the name “Bella Marie” and DC Owen did a search on backpages.com and located and printed exhibit 14, the backpage ad containing the images of T.T. After printing the ad, he put it into his notebook. The ad was posted on March 8, 2017 at 4:02 p.m. It contains the same photos as those contained in exhibit 4 and the text of the ad is almost identical to the text in exhibit 14.

It corroborates the evidence of T.T. and the content of the BBM messages that the backpage.ca ad for T.T. was posted more than once. [ 92 ] Exhibit 5 is a copy of a backpage.ca ad containing images of M.C. identified by M.C. It was posted on March 8, 2017 at 4:04 p.m. It contains 6 images of M.C. alone, and three images of M.C. and T.T. together. In the images M.C. is wearing only jewelry, and T.T. is wearing only stockings and jewlery. It advertises sexual services and indicates “duos available with my friend Bella Marie”. The location is identified as an “upscale condo at Young and Sheppard”.

The posters age is listed as 19. The contact number provided is 647-XXX-XXXX, a number identified by M.C. as associated to her phone. T.T. and M.C. confirmed that the images were taken at the condo when Zaddy(Ty) was present. The backpage.ca ads contained in exhibits 4, 5, and 14 also corroborate M.C. and T.T.’s evidence about the nature of the sexual services that were advertised. [ 93 ] Exhibit 3 contained a series of photographs taken by the YRP at unit 1504, 2 Anndale, following M.C.’s and T.T.’s arrest on

March 8, 2017. The photos make clear that the images in exhibits 4, 5, and 14 were taken in the bathroom of unit 1504. The photos show condoms and lubricant in the bedroom along with other personal care items which corroborate M.C.’s and T.T.’s evidence about the sexual services being provided at the condominium. [ 94 ] Exhibit 3 also contains photos of a Louis Vuitton purse and wallet which contained a large number of colored elastics, $100 bills wrapped in yellow elastics, and a separate quantity of $20 bills. M.C. identified the purse as the one purchased for her by Ty.

She identified the money and indicated that there was just under $1000. She explained that she would wrap the money in elastics, to be given to Ty when she had one thousand dollars. M.C. testified that Ty gave her the elastics to keep the money she made organized. This evidence, when considered in conjunction with the BBM message Mr. Crosdale sent T.T. stating that he needed to get her “elastics” supports the inference that he intended that she would provide him with the money she earned.

Data Extracted from M.C.’s Samsung Phone – Tag A1308022 [ 95 ] The police seized M.C.’s Samsung phone from the Anndale condominium. The phone was subsequently searched, and resulted in the extraction report contained in exhibit 13 which contained numerous images and text messages. Included in the images and text messages was the following: A photo of the tattoo M.C. described as the Eye of Horus, containing the name Ty. (Image 1) M.C. indicated that the photo was taken when the tattoo was done. The photo is dated January 10, 2017, a date shortly after New Years.

A photo of the receipt for a Luis Vuitton purse for $1819.30 dated January 22, 2017, paid for in cash at Yorkdale Mall (Image 4 and 91); and an image of the Vuitton purse filled with a large quantity of cash (Images 94-98). A photo of Niagara Falls and the casino hotel captured February 2, 2017. (Image 7) and of Niagara Falls captured February 19, 2017 (Image 13). Photo of M.C. and T.T., dated March 7, 2017 (Images 18, 19 and 20-27). T.T. looks very youthful in these photographs. A photo of a large quantity of cash wrapped in elastic bands (Image 28).

Photos of T.T. and M.C., identified by M.C. and T.T. as taken on March 7, 2017 in the presence of “Ty”/Zaddy. The images appear to have been taken at 2 Anndale and include images contained in the backpage ads depicted in exhibit 4 and additional images (Images 37 to 55 and 57, 59-77, 79-80, 85-90). Image of a BlackBerry message from Zaddy including the image of the back of a male wearing a red and black jersey (Image 78). M.C. identified the image as the icon she saw when she received BBM messages from Ty. This is the same icon associated to the BBM messages received by T.T.

Image of a message sent to Zaddy that refers to $1300, with a response from Zaddy with numerous happy faces and “all hail the baddest bitch in the game.” M.C. explained that it was a discussion between her and Ty when she made $1300 in five hours at the Crowne Plaza. Image of a red bag containing a large quantity of money (Image 99). M.C. testified that “Ty” sent her the picture and told her to send it to T.T. M.C. understood that she was to send T.T. the picture in order to persuade T.T. to work with her. She said that Ty sent her the picture a few days after she began speaking with T.T. over social media.

Data Extracted from Mr. Crosdale’s Samsung Galaxy S6 Phone

[ 96 ] Mr. Crosdale was arrested at his residence on April 19, 2017 in Waterloo, Ontario after he pulled into his driveway driving a black Chrysler 300. PC Demarte and PC Prentice noticed Canadian currency and two cellular phones clearly visible near the centre console of the vehicle. The car was subsequently towed and searched by PC Prentice.

Items located and seized by PC Prentice included: i.) A Samsung Cell Phone with Otterbox located in the centre console near the gear shift. ii.) A Samsung Cell phone without a case, located in the centre console below the environment controls. iii.) $320 in Canadian currency. iv.) A pencil case with two gold rings and a gold bracelet on the rear passenger seat. [ 97 ] PC Chiu of the YRP Technical Data Recovery Unit conducted a forensic examination of both phones seized from Mr. Crosdale’s vehicle at the time of his arrest. I am satisfied that the Samsung Galaxy S6, A1317310 (exhibit 12) seized from Mr.

Crosdale’s vehicle was Mr. Crosdale’s phone. [3] The data on the phone included numerous photos of Mr. Crosdale (see for example Images 44, 48, 56, 109, 112, 113, 156, 162, 165, 167, 202, and 233) an image of an email from Revenue Canada to Christian Crosdale, confirming that he had successfully filed his T1 tax return (Image 208), an Instagram chat between Melissa and Nicole and “Zaddys world” and Zaddy$ Angel and a text message thanking “Chris”. [ 98 ] Significantly, the data extracted from Mr.

Crosdale’s Samsung Galaxy S6 phone (exhibit 12), contained many images of T.T. and M.C. that they identified as having been taken at the Anndale condo on March 7, 2017. Images 4

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