A 71-year-old woman was sentenced to twelve months in prison and two years’ probation for organizing – at the cost of several thousand dollars – the passage of families of Nigerien asylum seekers to Roxham Road in 2017.

According to judge Stéphane Godri, who delivered his verdict on May 17 at the St-Jean-sur-Richelieu courthouse, Olayinka Celestina Opaleye “exploited” people in vulnerable situations.

“When I read the Agreed Statement of Facts, I can only come to the conclusion that there has been exploitation of these people and that is what we want to avoid with the Act.immigration and the protection of refugees ”, he affirmed, at the end of his sentence, to the lady who is herself from Nigeria.

“While I recognize that you have given back to the Canadian community over the past thirty years as a nurse, unfortunately what you have done goes completely against it. […] values ​​of society. “

Thousands of dollars

On September 17, 2017, Ms. Opaleye, who lived in Toronto, drove across the border at St-Bernard de Lacolle, claiming to be returning from a church service in the United States. But during a search of his vehicle, officers found several envelopes of money containing a total of US $ 10,115. “Ms. Opaleye was not able to explain where this money came from”, can we read in the agreed statement of facts, which the accused signed and which was entered into evidence when she pleaded. guilty in November 2020.

Border officers also seized several business cards from taxi drivers, a written note showing the address of the Greyhound bus terminal in Plattsburgh, receipts for hotel rooms in Plattsburg and another note that read : “Family with children = $ 5,000”

The investigation by the Canada Border Services Agency showed that Mrs. Opaleye had helped nine people from Nigeria to enter Canada by way of Roxham, in Montérégie, that is to say a man and two families of 4 people.

“The accused assisted the foreign nationals in organizing their trip from the Greyhound bus terminal in Plattsburg to Roxham Road,” the document reads.

Families

For example, on July 23, 2017, in New York, a man paid Ms. Opaleye US $ 1,500 to organize her transport from Plattsburg to Roxham Road on the American side, a journey that takes barely 30 minutes by taxi. . The man told the Border Services Agency that Ms Opaleye was “furious” because she was asking for $ 2,500 instead. He would have sent him an additional $ 500 afterwards. After crossing to the Canadian side on foot, he claimed refugee status in Canada.

Shortly after, on September 3, a family made up of a mother and three children crossed the border at Chemin Roxham after having also benefited from the services of Mrs. Opaleye. An exchange of text messages between the father and Mrs Opaleye indicates that he was worried about the fate of his family. “Please give them some advice so that they don’t mess up everything at the immigration station,” he wrote.

Then, on September 17, the same day Ms. Opaleye was arrested at customs, another family of a woman and her three young children applied for asylum after crossing the small bridge that separates the United States from the United States. Canada at Roxham Road. One of the envelopes seized from Ms. Opaleye’s vehicle bore the family’s name and contained $ 4,000.

A woman with little credibility

After more than a year of investigation, the Border Services Agency laid charges against Ms Opaleye in January 2019 under section 117 of the Immigration and Refugee Protection Act, which states that it is forbidden to organize the entry into Canada of one or more persons or to induce, assist or encourage them to enter there knowing that their entry is or would be in contravention of this law or by not caring thereby “.

Ms. Opaleye admitted her guilt at the St-Jean-sur-Richelieu courthouse in November 2020 following an agreement with the Crown. The two sides made a joint suggestion on the sentence, namely 12 months imprisonment and two years probation.

Despite the communie suggestion, Ms Opaleye repeatedly attempted to postpone sentencing and attempted to have her sentence changed, angering both the Crown and Judge Godri. Even the defense lawyer – the fifth to represent Ms. Opaleye in this case – asked to be withdrawn from the case at the end of the process for “lack of cooperation” from the accused.

“I’m not sure I believe you,” said the judge when Mrs. Opaleye asked for the umpteenth time to postpone the statement of her sentence, last March, pleading this time that she should go and bury her father. in Nigeria. “Each time, you arrive with a new reason,” said the judge, who nevertheless granted him this period for “humanitarian” reasons.

On May 17, the 71-year-old woman tried one last time to change her sentence. Without a lawyer to defend her, she cried and pleaded with the judge not to send her to jail, claiming that she did not understand that she would go to jail, despite the fact that he had been very clear with her during of his last time in court. “I think you are trying to manipulate the court”, maintained the judge, before explaining to her for the umpteenth time that if she did not honor the common agreement that had been presented, she risked ending up with a more sentence. high, as suggested by the Crown. Olayinka Celestina Opaleye finally acquiesced to the expected sentence before heading to prison.

According to the Immigration and Refugee Protection Act, a person found guilty of organizing entry into Canada of less than ten people is liable to a fine of up to $ 500,000 and imprisonment for up to ten years. .

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