Is prostitution legal in Canada??

[Guest imported_MOD]

Yes, Prostitution is legal; pimping and operating or being found in or working in a "bawdy house" (every place where one or more prostitutes regularly work or where "indecent acts" are performed) are not. Solicitation in public is also illegal, which covers street and hotel prostitution. Massage parlors which provide hand jobs or more are semi-tolerated. Generally the best bet are outcall escort services (which operate on shaky ground also, but are legal for both the prostitute and the customer) and independent call girls.

 

To break down the criminal code of Canada so everyone understands...

 

SECTION 210, The Criminal Code of Canada

This law makes it an offense to:

a) "Keep" a brothel (or manage one, own one, ...).

b) Work in a brothel.

c) Be found in a brothel (this is what brothel customers are

usually charged with).

d) Rent or lease space to someone who plans to use the space as a

brothel. If a person renting or leasing space in Canada is convicted

of keeping a brothel in the rented space, the landlord is obligated by

law to evict said person. Since most Canadian brothels (using the

legal definition) are in fact the homes of the working prostitutes,

they stand to lose their homes if they are renters -- and convicted.

 

SECTION 211, The Criminal Code of Canada

This law makes it an offense to knowingly take, offer to take, or

direct someone to a brothel.

 

SECTION 212, The Criminal Code of Canada

This law makes it an offense to:

a) Procure or solicit a person to have illicit sex with another person.

b) Entice someone who is not a prostitute to enter a brothel for

the purpose of prostitution.

c) Hide someone in a brothel.

d) Procure someone to become a prostitute.

e) Convince someone to leave their residence and become a

"frequenter" of a brothel.

f) Direct or take a new arrival to Canada to a brothel.

g) Procure a person to leave Canada to become a prostitute.

h) Exercise control over someone for the purpose of prostitution

(commonly used against pimps, also used against escort service owners,

managers, and phone operators).

I) Drug someone (which includes getting someone drunk) to enable

another person to have sex with the person who has been drugged.

j) Live wholly or partially on the avails (profits) of prostitution

(commonly used against pimps, often used against husbands, lovers,

boyfriends, etc.). Evidence that someone is "habitually in the

company" of a prostitute, or lives in a brothel, is, in the absence

of evidence to the contrary, proof that the person in question lives

on the avails of prostitution.

 

SECTION 213, The Criminal Code

This law makes it an offense to solicit or "communicate" for the

purpose of prostitution in a public place. (Phones and cars are "Grey Areas")

 

It's perfectly legal for a pro to see a client in a hotel room but not use the same hotel room as a bawdy house.

 

It's perfectly legal for a pro to see a client in a client's home or other personal space.

 

It's also legal for pros to advertise in magazines, online and newspapers -- magazines and newspapers in Canada.

 

Another law often used against both prostitutes and their clients is

Section 173 of our Criminal Code -- our indecent act law. This law makes

it an offense to commit an indecent act in a public place in the presence

of one or more people, or to commit an indecent act in any place with the

intent to insult or offend another person. Indecency is not defined in

our Criminal Code, so Canadian judges have the power to determine what

is indecent on an individual case bases.

 

Heavy laws exist to protect children from prostitution in Canada! If the escort is under 18 your going to jail no questions asked!

[Guest imported_JoyfulC]

I'm always surprised to see how many sex workers and hobbyists feel that Canada's prostitution laws are unfair. I've worked under them for nearly a quarter century and I believe they are the best in the world. I don't have to be here -- I'm an immigrant. If I felt that the laws were better elsewhere, I would have emigrated there!

 

There are a number of prostitution laws on the books -- but it's important to note that it is in no way illegal in Canada for any adult to be or use the services of an adult prostitute! The laws that are on the books seek only to protect communities from prostitution-related problems and to protect prostitutes from exploitation.

 

Further, in the case of the former, the laws protect Canadian sex workers from the whims of provincial and municipal politicians from exploiting us to score points of the stigma surrounding our industry. It's not always 100% effective -- as evidenced by some of the ridiculous municipal escort licensing schemes around the country -- but if anything, that's where we should be concentrating our efforts towards preventing municipalities from acting as our pimps, rather than hollering about laws that actually make sense.

 

Some of the laws are also so broad as to seem to apply to all of us. For example, the 'living off the avails' law -- while I can legally be a prostitute in Canada, technically my husband and daughter are in violation of the law. However, it's extremely unlikely that they would ever be charged, and if they were, it would do the Crown no good because the law would be challenged and struck. But there is a benefit to its being so broad. It makes it easier to prosecute true cases of predatory behaviour towards sex workers. I don't think many of us would object to that!

 

Enforcement is traditionally relaxed, except in cases where there are genuine problems or political points to be scored (another justification for preventing local politicians pandering to small constituencies from having their way with us!!). Incall escorts operate (and even openly advertise -- some quite explicitly!!) with little enforcement activity. And the government has demonstrated its reluctance to "enforce to the letter of the law" -- remember the case with NOW Magazine being charged with communicating back in the late 80s/early 90s??

 

Sometimes we have to look at our situation and ask ourselves whether we really have it so bad. I don't believe we do! If we insist on standing on principle, we can really get ourselves into a pickle! That's why I hope people will just think -- and try to see the bigger picture -- before demanding change.

 

Change isn't always necessarily for the better!

 

..c..

[Guest imported_lone ranger]

When you get right down to it, the city that licences and taxes escort agencies and massage parlours is "living off the avails" as well!

[Guest imported_MOD]

Another thing to mention would be... When a city passes a bi-law that requires escorts to obtain licenses the "reasoning" the council members often state (on record) for why the city needs a bi-law such as this are reasons based on moral issues.

 

For example if the council of the city votes because they do not want "This kind of business" in the community - that would be a moral reason and they do not have the right to do this... but they still do it because they know most people would never battle the city in court.

 

They often justify the license fee's by saying they need to hire more officers to police this business - so the license revenue is used to pay bi-law enforcement offices to check up on licensed business's and crack down on those without licenses.. but what happens is the license business's never get bothered and the enforcement officers target the non-licensed escorts and harasses them with insane claims of large fines and jail terms (Like if!) it's a fucking bi-law not a criminal code violation I have never heard of people being locked up for breaking a bi-law!!!

 

Bottom line is a city does not have the right to pass a law to force a moral issue. If the bi-law officers are just enforcing the licenses and not checking up on the activities of the licenced then it's a cash cow, they are then living off the avails and it's just another way to try to control the industry. I can see why taxi's have licenses, transit commissions, liquor stores, etc... but I have yet to hear a valid reason for a "escort license"?

 

Has anyone ever attended a city council meeting when they try to pass these licenses? Has anyone here been charged for a bi-law infraction for escorting? Has anyone EVER gone to jail for breaking a licence bi-law for escorting?

[Guest imported_Dave in Phoenix]

Has anyone EVER gone to jail for breaking a licence bi-law for escorting?

 

No because bylaws are not criminal. The owner can only be fined or lose their business license. No one goes to jail for bylaw infractions.

[Guest imported_chayenne]

being an escort might be legal, but....

if you are in battle with your ex that tries to use it against you to get custody of the child....would that affect the outcome?

[Guest imported_MOD]

I would think that would depend on the judge (They are not suppose to consider moral reasons for such things but that is not to say they would not) If your ex can prove you are breaking the law (In calls) or are endangering your child because of your profession then this would be a valid non-moral reasons to pass judgment.

 

My suggestion would be to talk to a lawyer and be completely honest with the lawyer about everything so they can advise you on what to do.

 

TIP: Don't accept legal advise online in a public chat like this, you can never be 100% sure who is giving the advise.

[Guest imported_chayenne]

Yeah I expected an answer like this. No I don't do incalls and do not go out more then a view times a month. My kids do not know about what I do and regarding the time I spend away from home is "ones a week a beer with a friend", I'll be home at midnight.

If it turns out to be a problem for the judge, I guess I would just mention that my ex found my ad online, hunting for an SP, tried to set up a date with me under a different name and when he told me the truth he ask me for an discount "as he is so close to me"....so yeah..and he paid the room for for me with his credit card..(supporting my doing)..so...and I think if he would pay sufficient support payments for his child and would quit spending his unemployment checks on SP's I would not even be in this situation...laugh.

Thanks again. I guess I have a point or two right here.

However, I do not believe that I would have a problem as I do not go out more often then enough to cover my bills and pay off my debts. Not trying to get rich or anything...just keep swimming under the radar and the close eyes of my ex...