prostitution in canada
- Thread starter jambo1
- Start date
can anybody tell me prostitution legal in canada and also what are the chances of being busted by cops while you are in the middle of F/S in a massage palour.You have to be real carefull. I suggest you go to a bike shop and buy one of the eye glass things that lets you see behind you. That way if you're dogging her you can see them come in the door. if you're looking the other way.*note. his name tag will be backwards, so just call him sir.
jambo1 ...
Canada's Prostitution law does not make selling sex illegal. It makes soliciting sex in public illegal. In a MP behind closed doors there is no "public solicitation".
There are also rules regarding common bawdy houses and you can be charged for being found in such an establishment. This is your real risk in a massage parlour. In Edmonton, the risk is low. In calgary the risk is high.
Canada's Prostitution law does not make selling sex illegal. It makes soliciting sex in public illegal. In a MP behind closed doors there is no "public solicitation".
There are also rules regarding common bawdy houses and you can be charged for being found in such an establishment. This is your real risk in a massage parlour. In Edmonton, the risk is low. In calgary the risk is high.
Pretty good laws if your not in a car.
Wow, learn something every day. These are pretty liberal laws, considering a massage room is good enough to have a discussion. Or your house, ... didn't know this was the way it is here. Pretty low chance of getting busted in a MP. It's been a long time since there was a bawdy house bust in Etown. If I remember correctly it was probably 10 yrs or more since the last one. This is a good easy strait forward site to read.
Thanks,
Mex
Wow, learn something every day. These are pretty liberal laws, considering a massage room is good enough to have a discussion. Or your house, ... didn't know this was the way it is here. Pretty low chance of getting busted in a MP. It's been a long time since there was a bawdy house bust in Etown. If I remember correctly it was probably 10 yrs or more since the last one. This is a good easy strait forward site to read.
Thanks,
Mex
Have a look at the law itself
This question seems to come up a lot on this board. Why not just have a look at the Criminal Code itself? I trust my own interpretation of the Code more than the Edmonton Police Service's interpretation. The following is pretty much the sum total of what the Code says about prostitution. Keep in mind that it is the words of the Code as interpreted by the courts that counts. The EPS interpretation really means nothing in terms of whether an offence has been committed. The police are, however, charged with the duty to enforce the law (which includes identifying suspected violators of the law and bringing evidence before the courts), and the law is enforced differently in different jurisdictions and in different instances.
All the criminal law in Canada is federal, subject to some slightly different interpretations by the courts of different provinces on issues that haven't been before the Supeme Court of Canada. Some provinces and municipalities have passed various kinds of laws and bylaws to try and restrain certain apsects of prostitution, but they don't have the consitutional authority to create criminal offences.
Bawdy-houses
Keeping common bawdy-house
210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Landlord, inmate, etc.
(2) Every one who
(a) is an inmate of a common bawdy-house,
(b) is found, without lawful excuse, in a common bawdy-house, or
(c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house,
is guilty of an offence punishable on summary conviction.
Notice of conviction to be served on owner
(3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.
Duty of landlord on notice
(4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.
R.S., c. C-34, s. 193.
Transporting person to bawdy-house
211. Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 194.
Procuring
Procuring
212. (1) Every one who
(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a person in a common bawdy-house,
(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,
(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Idem
(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years
(2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who
(a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and
(b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.
Presumption
(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).
Offence -- prostitution of person under eighteen
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(5) [Repealed, 1999, c. 5, s. 8]
R.S., 1985, c. C-46, s. 212; R.S., 1985, c. 19 (3rd Supp.), s. 9; 1997, c. 16, s. 2; 1999, c. 5, s. 8.
Offence in Relation to Prostitution
Offence in relation to prostitution
213. (1) Every person who in a public place or in any place open to public view
(a) stops or attempts to stop any motor vehicle,
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person
for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.
Definition of "public place"
(2) In this section, "public place" includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1.
This question seems to come up a lot on this board. Why not just have a look at the Criminal Code itself? I trust my own interpretation of the Code more than the Edmonton Police Service's interpretation. The following is pretty much the sum total of what the Code says about prostitution. Keep in mind that it is the words of the Code as interpreted by the courts that counts. The EPS interpretation really means nothing in terms of whether an offence has been committed. The police are, however, charged with the duty to enforce the law (which includes identifying suspected violators of the law and bringing evidence before the courts), and the law is enforced differently in different jurisdictions and in different instances.
All the criminal law in Canada is federal, subject to some slightly different interpretations by the courts of different provinces on issues that haven't been before the Supeme Court of Canada. Some provinces and municipalities have passed various kinds of laws and bylaws to try and restrain certain apsects of prostitution, but they don't have the consitutional authority to create criminal offences.
Bawdy-houses
Keeping common bawdy-house
210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Landlord, inmate, etc.
(2) Every one who
(a) is an inmate of a common bawdy-house,
(b) is found, without lawful excuse, in a common bawdy-house, or
(c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house,
is guilty of an offence punishable on summary conviction.
Notice of conviction to be served on owner
(3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.
Duty of landlord on notice
(4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.
R.S., c. C-34, s. 193.
Transporting person to bawdy-house
211. Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 194.
Procuring
Procuring
212. (1) Every one who
(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a person in a common bawdy-house,
(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,
(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Idem
(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years
(2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who
(a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and
(b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.
Presumption
(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).
Offence -- prostitution of person under eighteen
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(5) [Repealed, 1999, c. 5, s. 8]
R.S., 1985, c. C-46, s. 212; R.S., 1985, c. 19 (3rd Supp.), s. 9; 1997, c. 16, s. 2; 1999, c. 5, s. 8.
Offence in Relation to Prostitution
Offence in relation to prostitution
213. (1) Every person who in a public place or in any place open to public view
(a) stops or attempts to stop any motor vehicle,
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person
for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.
Definition of "public place"
(2) In this section, "public place" includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1.
Its all in the local PD's interpretation.
Tle legislation is Federal and applies nation wide however enforcement seems to vary widely. Contrast between Edmonton and Calgary is instructive. Edmonton seems to have a live and let live approach with studios and last time there was bust was 20+ yrs ago if a recollect. Calgary the harassment seems on going.
Tle legislation is Federal and applies nation wide however enforcement seems to vary widely. Contrast between Edmonton and Calgary is instructive. Edmonton seems to have a live and let live approach with studios and last time there was bust was 20+ yrs ago if a recollect. Calgary the harassment seems on going.
