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I was wondering at this new trend. CMJ has been around for a bit and now on another site I see a new private club opening up this week "VIP in the 613". I have trolled the forums and am not sure what these places are really about. Where are the lines drawn with regards to allowed services on site and are they really legal? Please PM me if the answers are not appropriate to an open forum.

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What I think... Private clubs are a little like Swingers clubs. It's legal to have sex as long as money is not being exchanged for sexual acts and it's not a public place, hence the "Private club". You must become a member of that club, as it can not be open to the public, because then it would be deemed a "Bawdy house".

 

There will probably be a one time membership fee, then any time you visit you just have to pay the "door fee". That covers your time inside the establishment. Whatever happens between two consenting adults, is just that, between 2 adults. JMO, maybe Iam wrong, but that's my view on it.

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Can being a "private club" really get you around the bawdy house laws? I'd assumed not, or else everyone would do it, but I'd be interested to hear what other folks think...

 

In any case, CMJ's website has some explanation of why their a private club and what that means in practice.

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Can being a "private club" really get you around the bawdy house laws? I'd assumed not, or else everyone would do it, but I'd be interested to hear what other folks think...

 

In any case, CMJ's website has some explanation of why their a private club and what that means in practice.

 

 

So please explain how Swingers clubs are legal??

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Guest W***ledi*Time

A 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.

 

I believe that the case of R. v. Labaye (Supreme Court of Canada, 2005) found that consensual sex in a private swingers club did not mean that the private club could necessarily be considered a Bawdy House. Note that in that case, the club membership fees were not a payment for sex, and the members of the club did not pay each other for sex, either.

 

Mr Labaye had originally been convicted under the "indecency" clause of the Bawdy House law (not the "prostitution" clause, please note). But the Supreme Court overturned his conviction, based on their finding that no harm had been done to anyone. The Court's reasoning was that because Labaye made sure that only willing people would see the sexual activities within the private club, those acts could not be legally considered to be "indecent".

 

Of course, on the other hand, if anyone is paying for sex, then it's a Bawdy House under the prostitution clause.

 

http://www.canlii.org/en/ca/scc/doc/2005/2005scc80/2005scc80.html

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Correct, if prostitution exists in the PRIVATE CLUB (PAID SEX) it is very much illegal and a common bawdy house (AKA: Brothel) the PUBLIC PLACE law is for SOLICITATION (Offering sex for money/money for sex). You can also not have sex in public view... but your getting TWO different laws confused.

 

1) No public solicitation

2) No common place of prostitution (Brothel / Bawdy house)

 

If it's a MASSAGE place getting around the body rub parlor licensing then it falls into the gray area where "Massage" is not illegal and since it is not a PUBLIC place it does not require a city bylaw license. If they catch ANYONE offering sexual services (BJ included or sex) then they will be busted for common bawdy house. Hj's on the other hand are the gray area as they are really "RUBBING" or "MASSAGING" a part of your body.

 

All it takes is ONE person in the club to accept a extra "TIP" for extra services to the wrong person and it's over.

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