Bawdy House

Ok I need to get this straight.
What the hell is considered a bawdy house or brothel in Canada? The laws are so fucked up in this country, it's hard to tell.


According to the government, prostitution is legal, however, solicitation in public isn't. Doesn't that mean, that if I bought a building with several rooms, aand a lounge, that I could have several girls come in as SP's who want to work? AS LONG as there is a membership. If you were to charge members a flat rate fee on the way through the door. No mention of sexual acts. Just a membership fee. With that membership fee your allowed to enter the premisis. What happens once your in, is entirely up to you.
After all, this worked in Ontario with the smoking bylaw. When the government said you could no longer smoke in public places, business's decided to turn to private clubs which charged members an entry fee.
It also works for swingers clubs across the country. RCMP and city police can't make arrests IF the patrons bring their own alcohol, and any play that happens can legally happen all night and through the morning. It works around the liquor laws as well, because there is no alcohol being served, because they brought their own. Beating out the law which states you can't serve alcohol after such and such time, depending on your province.
So rightfully, if an agency, or "club" wanted to offer sexual services for a fee, couldn't they go with the PRIVATE CLUB route with an entry fee for members at the door? After all, a PRIVATE CLUB isn't considered public. The only thing you would really have to make clear is that your fee doesn't entitle you to stay all day.
The Mustang Ranch in the USA works on a similar system. Men can come in, drink at the lounge (which is licensed and does shut down at the required time by the law). While sitting in the lounge, gents get to meet girls of The Mustang Ranch. If things go according to planned, he has the chance to go to her room, and have some fun. All legal!!!!!!!!!
If this is the case, there should be no reason that if SP #1 and SP#2 want to get together and start a PRIVATE CLUB they should be allowed. At least according to the way the law words it. You know if this became a trend, the law would be ammended to suit the government and LE.
 

Quarter Mile'r

Injected and Blown
May 17, 2005
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Yah Scotty, good point, it does get confusing trying to read into the ways the laws are read, seems like a common bawdy house can be anything from a micro to an established MP, anything where they suspect money changes hands for sex that is after they get busted.

So are they just called speak easy's before getting busted and then called common bawdy houses after?! :confused:

Suppose it doesn't really matter considering we all know what goes on behind closed doors.

That's another one I've always wondered about where does it in our laws state that prostitution is legal, and when did that ever come about, who made it legal?

But yet communicating for the purpose of is illegal?
No wonder our laws are so fucked up !!


...........QM'r
 

namara

New member
Feb 25, 2006
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a house, set of rooms or place of any kind kept for the purposes of prostitution or occupied or resorted to by one or more persons for such purpose
 

Taryn

Sassy Red Head
May 17, 2006
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laws

How they can make laws for selling sex I have no clue, but they do....the "fee" does not have to be taken at the door. It just has to be taken before any sexual acts are discussed. That way you pay for the ladies "time" and not the acts between 2 consenting adults.....
Taryn
xoxo
 

Sonny

Senior Member
Sep 12, 2004
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Quarter Mile'r said:
That's another one I've always wondered about where does it in our laws state that prostitution is legal, and when did that ever come about, who made it legal?
It's not that Canada law states that prostitution is legal. It does not. It is that prostitution is not defined in Canadian law as being illegal. What is not defined as illegal is therefore legal by default.

Communication in a public place for the purpose of prostitution is defined as illegal.
 
Thats why any PRIVATE club requiring menbership and isn't open to the public (so to speak) should be legal. Even a $1.00 membership fee for anybody who comes through. Then it would legally make that club a PRIVATE club.
However, LE doesn't seem to see it that way for some reason. Either way, if they want you bad enough, they can still arrest you and force you to go through the legal system to have a judge decide. Even if a judge throws it out, LE still made ya go through court. Thats the pisser with Canadian law.
 

Hollybaby

Banned
Nov 23, 2005
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Ok. Here we go:

A "common bawdy house" is defined in the Criminal Code as a place:

"that is (a)kept or occupied, or
(b)resorted to by one or more persons

for the purpose of prostitution or the practice of acts of indecency."

This means that it is illegal for a prostitute to work out of her own home or in any place that is regularly used for the purpose of prostitution, such as an incall escort agency.

It doesn't matter what you say goes on there. It matters what actually does. So even if you're just making your rooms/house "available", if you know that prostitution is taking place, then you are breaking the law. (looking the other way doesn't constitute "not knowing")
 

tom25

what's up doc?
Oct 7, 2003
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Hollybaby said:
Ok. Here we go:

A "common bawdy house" is defined in the Criminal Code as a place:

"that is (a)kept or occupied, or
(b)resorted to by one or more persons

for the purpose of prostitution or the practice of acts of indecency."

This means that it is illegal for a prostitute to work out of her own home or in any place that is regularly used for the purpose of prostitution, such as an incall escort agency.

It doesn't matter what you say goes on there. It matters what actually does. So even if you're just making your rooms/house "available", if you know that prostitution is taking place, then you are breaking the law. (looking the other way doesn't constitute "not knowing")
Hollybaby is aboslutely right .. its not whether or not the club is "private" or not ... but what its purpose is. While prostitution strictly speaking isn't illegal in Canada the Criminal Code does make many practises associated with prostitution illegal. So, communicating for the purposes of prostitution in a public place (solicitation) is illegal, living off the avails of a prostitute is illegal, keeping a common bawdy house is illegal, and being found in a common bawdy house is also illegal.

The only truly "legal" act of prostitution is the outcall where the escort goes to your place of residence, business, or hotel room. Since the room is not "kept" for the purposes of carrying on prostitution it cannot be a bawdy house. Moreover, since the discussion of rates and exchange of money is carried on either by phone, e-mail, or not at all until the individual arrives at the location (a private place) there cannot be any solicitation charges.

An escort conducting incalls from an apartment kept solely for that purposes is operating a bawdy house. It doesn't matter that she is the only person making use of the facility. If she is operating out of her actualy home, its a bit more difficult to make the charge of a bawdy house stick, but it still might be possible. Cops rarely bother with these operations, because they don't cause any trouble. They are more interested in street trade and Massage parlours, because both have a "visible" presence.

Tom
 

westwoody

Well-known member
Jun 10, 2004
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tom25 said:
being found in a common bawdy house is also illegal.
It does not matter what you are doing there either. All that matters is that you are there.
Tom's post is one of the best summations I've seen of a bawdy house.
 

tom25

what's up doc?
Oct 7, 2003
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westwoody said:
It does not matter what you are doing there either. All that matters is that you are there.
Tom's post is one of the best summations I've seen of a bawdy house.
Quite right Woody ... the offence is "being found in" a common bawdy house. So in a massage parlour, even if you were there just for the massage, you still could be charged with being "found in".

Tom
 
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