sexy chocolate 100 Report post Posted June 13, 2011 Hi to all this will be my first time visiting Toronto and I'm just curious as to what is actually legal & illegal as far as being a provider goes. Is it true that incalls are illegal while outcalls are legal? Thanks for any imput. Quote Share this post Link to post Share on other sites
Miss Scarlett 25073 Report post Posted June 13, 2011 Incalls are illegal. Outcalls are legal. Quote Share this post Link to post Share on other sites
drlove 37204 Report post Posted June 13, 2011 Is it true that incalls are illegal while outcalls are legal? Yes, technically this is the case, although in practice independent incalls are somewhat of a gray area as they are seldom targeted by LE. Quote Share this post Link to post Share on other sites
drlove 37204 Report post Posted June 13, 2011 The same question was also asked in the "Legal discussion, cases & questions" tonight by the same lady... http://www.cerb.ca/vbulletin/showthread.php?t=56085 Merge the threads? I just noticed that as well... good idea! Quote Share this post Link to post Share on other sites
sexy chocolate 100 Report post Posted June 13, 2011 2 sections because I wasn't sure where to post at. Thanks for the information Quote Share this post Link to post Share on other sites
mod 135639 Report post Posted June 13, 2011 I merged them - please do not double post Quote Share this post Link to post Share on other sites
fortunateone 156618 Report post Posted June 14, 2011 I'm just interested in the question. If you are originally from outside of Canada, there is reason to clarify things, but the laws are country wide, so whatever's legal in Vancouver, is also in Calgary, and Ottawa, and Toronto and Halifax. What changes isn't the laws, but how or if LE in that city deals with them. Quote Share this post Link to post Share on other sites
mod 135639 Report post Posted June 14, 2011 Plus to add to fortunateone's info some cities license the use of the word "Escort" so if you are advertising yourself as a "Escort" or "Date" then you are obligated to purchase a city by-law license to operate as a "Escort" in that city. At this time the cities are NOT permitted to license "Prostitution" so you can advertise yourself as a callgirl/prostitute/etc.. and if the city bylaw enforcement charges you then you can appeal it (They would need proof you were advertising yourself as a "Escort" or going on non sex paid dates) City by-laws are NOT criminal code violations, they have NO criminal charges (It's the same as a parking ticket and they can send collection agencies after you for not paying your fines or deny you a license). As far as I know Barrie, Calgary, Edmonton and Windsor have these by-laws and I am not aware of any by-laws in any other city at this time. It's the CRIMINAL CODE stuff you really need to worry about. Incalls (especially commercial units such as FS massage spas, FS brothels, etc.. or even a high traffic private location that the neighbors take interest in as the police need to investigate any public complaints). Never discuss anything related to prostitution outside of a private space. For example a hotel lobby, bar, restaurant, common hallway to an apartment, etc. It must take place BEHIND closed doors out of the public eye. Street prostitution is very much illegal due to the public solicitation (and often acts of sex in public). Quote Share this post Link to post Share on other sites
Studio 110 by Sophia 150333 Report post Posted July 12, 2011 As for what MOD said about discussing business not in public area's, but only behind close doors, so if these closed door are in your home, not a comercial business, does this count as private still? i would think, but I am also confused on the incall/outcall laws. Quote Share this post Link to post Share on other sites
Guest W***ledi*Time Report post Posted July 12, 2011 As for what MOD said about discussing business not in public area's, but only behind close doors, so if these closed door are in your home, not a comercial business, does this count as private still? i would think, but I am also confused on the incall/outcall laws. Communication behind the doors of your private home would not be "in a public place", so the communication part would be legal. As far as incall/outcall, providing sex for money in your venue is illegal, since that would make your home/hotel room/etc a Bawdy House. Providing sex for money at your client's private venue (home/hotel room/etc) is legal. From the Criminal Code re communication: 213. (1) Every person who in a public place or in any place open to public view.... © ... 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. From the Criminal Code re bawdy houses: 197.(1) ... "common bawdy-house" means 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 .... 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 ... http://laws-lois.justice.gc.ca/eng/acts/C-46/ Quote Share this post Link to post Share on other sites
Studio 110 by Sophia 150333 Report post Posted July 12, 2011 Well thank you very much, I understand now! Does anyone have info on Nuru massage if this is considered as entertainment? Or could this be viewed as a massage parlor idea? Would you still offer only outcalls for this too? Sorry for all the questions, just trying to organise my facts, Thanks so much:) Quote Share this post Link to post Share on other sites
Guest W***ledi*Time Report post Posted July 12, 2011 ... Does anyone have info on Nuru massage if this is considered as entertainment? Or could this be viewed as a massage parlor idea? Would you still offer only outcalls for this too? ... I think the question you're asking is: is it legal to provide nuru massage on an incall basis? This hinges on whether providing nuru massage constitutes either prostitution or an act of indecency. I don't think the indecency clause would apply, basically because, if done in private, there would be no-one around who would see it and be offended. Prostitution is not defined in the Criminal Code; its definition has been left to the courts. The general definition of prostitution as used in Canadian jurisprudence would be "the exchange of sexual services of one person in return for payment by another". (This is from the 1990 Reference Case http://www.canlii.org/en/ca/scc/doc/1990/1990canlii105/1990canlii105.html). In the recent case from Quebec (Marceau v Canada) where the question of whether or not contact-dancing in a strip-club constitutes prostitution, it is stated, for example: "... intercourse is not a necessary component of prostitution, as Parliament itself has recognized in paragraph 212(1)(b) Cr. C. by distinguishing between ''illicit sexual intercourse'' and ''prostitution'' ..." http://www.canlii.org/en/qc/qcca/doc/2010/2010qcca1155/2010qcca1155.html At the present moment, there exists a legal grey-zone in Canada that includes, for example, the above-mentioned contact dancing, as well as the issue of the type of massage commonly called rub-and-tug. Some cities and law-enforcement agencies in Canada allow rub-and-tug, some do not. This uncertainty and inconsistency hinges on the thorny and not fully resolved question of exactly what acts constitute "sexual services". Massage itself is not illegal, but there is a line where it can be interpreted that massage crosses into being a sexual service. Where that line falls in each city varies. (Obligatory warning: I am not a lawyer) Quote Share this post Link to post Share on other sites
Studio 110 by Sophia 150333 Report post Posted July 12, 2011 Thank you WIT! I do appreciate your wealth of knowledge. This is a new area for me as well, and want to provide a legal and safe service for me and my clientel, :)) Quote Share this post Link to post Share on other sites