Trafficking in persons

Offences

• Trafficking in persons (adults)
• Trafficking in children (under 18 years)

Acts Involved

• Harbouring

Means Used

• Threat of the use of force or of other forms of coercion
• Deception
• Abuse of power or a position of vulnerability

Exploitative Purposes

• Exploitation of the prostitution of others or other forms of sexual exploitation

Keywords

• Internal trafficking
• Child Trafficking
• Commercial sexual exploitation

Oliver-Machado

Fact Summary

Kailey OLIVER-MACHADO and her co-traffickers befriended the victims and lured them through Facebook and other social media sites to a private residence. The youngest victim believed she would be attending the residence for a friendly sleepover. The victims were drugged, forced to dress in minimal clothing, obliged to pose for pornographic photos, and required to lie about their age to clients. As added control, the traffickers confiscated the victims’ personal belongings and used violence and threats to ensure compliance. The traffickers set up the dates and arranged travel for the victims to meet their clients for sexual purposes in exchange for money. The traffickers collected the money resulting from the victims’ sexual services.

Commentary and Significant Features

Significance of case:

Kailey OLIVER-MACHADO, a young offender, was found guilty by a judge of human trafficking specific and related offences; she was sentenced as an adult to 6.5 years in prison. This is the first time in Canada a judge has convicted a young offender of human trafficking and is one of the longest sentences imposed in Canada for human trafficking for sexual exploitation. Two additional young offenders pled guilty to human trafficking specific and related offences, one of whom was sentenced to the maximum three years in prison. The second young offender is awaiting sentencing.

It is the first time a teen has been sentenced to adult court under Canada's Human Trafficking Law.

Profile of the trafficker(s):

Kailey OLIVER-MACHADO was the ring leader in this case; she was just 15 years old at the time of her arrest. OLIVER-MACHADO had a difficult upbringing and had been exposed to prostitution, drugs and alcohol, and criminality in her home life.

Author:
Ottawa Police Service

Keywords

Acts:
Harbouring
Means:
Threat or use of force or other forms of coercion
Deception
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Internal
Sector in which exploitation takes place:
Commercial sexual exploitation

Cross-Cutting Issues

Liability

... for

• completed offence

Gender considerations

Details

• Gender considerations

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
Court: Ontario Court of Justice
Date of conviction: September 2013 (two offenders) and January 2014 (one offender)
 
 

Victims / Plaintiffs in the first instance

Victim:
Seven female victims between 13 and 18
Nationality:
Canadian
None of them had previous experience in prostitution prior to meeting the traffickers

Defendants / Respondents in the first instance

Defendant:
Kailey OLIVER-MACHADO
Gender:
Female
Nationality:
Canadian
Age:
15
She was 15 at the time of her arrest
Defendant:
Anonymous 1
Gender:
Female
Nationality:
Canadian
Between 15 and 17 years old
Defendant:
Anonymous 2
Gender:
Female
Nationality:
Canadian
Between 15 and 17 years old

Charges / Claims / Decisions

Defendant:
Kailey OLIVER-MACHADO
Verdict:
Guilty
Charge / Claim:
Human Trafficking Specific and Related Offences
Term of Imprisonment:
6 years 6 Months
 
Defendant:
Anonymous 1
Verdict:
Guilty
Charge / Claim:
Human Trafficking Specific and Related Offences
Term of Imprisonment:
3 years
 
Defendant:
Anonymous 2
Charge / Claim:
Human Trafficking Specific and Related Offences (awaiting sentence)

Court

Ontario Court of Justice

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