Escort rules thrown into question
CBC News
A Calgary judge has dismissed some criminal charges against a former city firefighter who got into trouble for operating an escort agency in a case that could have broad implications for the sex trade and the way it's licensed.
Doug Eastaugh was facing 15 prostitution charges related to his sideline, Liaisons Escort Agency. All but one were dropped or stayed mainly because the judge agreed with the accused's defence – that he believed he wasn't doing anything wrong because the city gave him a license to do it.
Justice Patrick Sullivan, in his 81-page ruling, dismissed charges that Eastaugh was living off the avails of prostitution on the grounds that it was an "officially induced error." That is, the judge agreed with Eastaugh's defence that he had been somewhat misled by the city for issuing him a license in the first place.
Eastaugh's lawyer, Patrick Fagan, said the decision may force other jurisdictions to re-evaluate their licensing regulations for escort agencies.
"He (Eastaugh) honestly believed that he was protected – that he was insulated from prosecution as a consequence of being licensed by the City of Calgary."
Officials with the city say they aren't planning on changing the bylaws at the moment.
However, Stan Schwartzenberger, manager of Business and Development Licenses, said the city will review the matter to see whether changes are necessary.
"We do understand that the case was about an offence under the Criminal Code. From the city's perspective, the date and escort bylaw will continue to be in effect and will continue to be enforced as required."
Eastaugh was convicted of one count of operating a common bawdy house, charges that stem from women having sex with clients in his home. He won't face any further time in jail. The judge ruled that the 250 days Eastaugh has already served in jail was sufficient punishment.
Under Canadian law, prostitution is not illegal but living off the avails of prostitution is considered unlawful.
CBC News
A Calgary judge has dismissed some criminal charges against a former city firefighter who got into trouble for operating an escort agency in a case that could have broad implications for the sex trade and the way it's licensed.
Doug Eastaugh was facing 15 prostitution charges related to his sideline, Liaisons Escort Agency. All but one were dropped or stayed mainly because the judge agreed with the accused's defence – that he believed he wasn't doing anything wrong because the city gave him a license to do it.
Justice Patrick Sullivan, in his 81-page ruling, dismissed charges that Eastaugh was living off the avails of prostitution on the grounds that it was an "officially induced error." That is, the judge agreed with Eastaugh's defence that he had been somewhat misled by the city for issuing him a license in the first place.
Eastaugh's lawyer, Patrick Fagan, said the decision may force other jurisdictions to re-evaluate their licensing regulations for escort agencies.
"He (Eastaugh) honestly believed that he was protected – that he was insulated from prosecution as a consequence of being licensed by the City of Calgary."
Officials with the city say they aren't planning on changing the bylaws at the moment.
However, Stan Schwartzenberger, manager of Business and Development Licenses, said the city will review the matter to see whether changes are necessary.
"We do understand that the case was about an offence under the Criminal Code. From the city's perspective, the date and escort bylaw will continue to be in effect and will continue to be enforced as required."
Eastaugh was convicted of one count of operating a common bawdy house, charges that stem from women having sex with clients in his home. He won't face any further time in jail. The judge ruled that the 250 days Eastaugh has already served in jail was sufficient punishment.
Under Canadian law, prostitution is not illegal but living off the avails of prostitution is considered unlawful.
