Saskatoon Escort Licensing Proposed

[Guest W***ledi*Time]

I can understand the citys concern. I have worked in alberta and vancouver where it was manditory for a sp to have a lic to advertise and work in that city.

 

I dont see the harm in optaining a lic, criminal checks and usually a meeting with vise so they can check you out. They will look for signs of stubstance abuse and ask some general questions. Its not scary unless you have something to hide and i did find it to be private and remain that way.

 

Just my thoughts, xoxoxo

[etasman2000 15994]

In 2003, Edmonton faced a legal challenge, which failed, claiming the city was living off the avails of prostitution by licensing the escort industry. The cities have argued, successfully, that the bylaws are a valid exercise of their licensing authority.

 

Any idea why this legal challenge failed ? What is to stop the cities from placing a high barrier of entry ?

[Guest W***ledi*Time]

Any idea why this legal challenge failed ? What is to stop the cities from placing a high barrier of entry ?

 

The case referred to appears to be Strachan (c.o.b. Kats) v. Edmonton (City) (2003), 38 M.P.L.R. (3d) 72 (Alta QB):

 

http://www.albertacourts.ab.ca/jdb/1998-2003/qb/Civil/2003/2003abqb0309.pdf

 

It appears that the characterization of the case in the news article is not entirely accurate. Although "living on the avails" was initially claimed, the claim was abandoned before the case concluded (don't know why), and the court did not rule on the "living on the avails" aspect:

 

Carol-Lynn Strachan advanced the claim that she was a prostitute, and, having paid Edmonton's Escort Licensing fees (which appear to have been about $3600/yr for 6 years for running a Service/Agency), sued for recovery of the fees based on three claims:

 

(1) that the Bylaw is invalid as it trenches on the criminal law power of the Federal government to legislate on criminal matters having to do with prostitution and is therefore beyond the power of the City to enact;

 

(2) that the effect of the bylaw is that the City has been "living off the avails of prostitution" by taking her money knowing what she and her escorts proposed to do and were doing to earn it and that was illegal and makes the bylaw invalid; and

 

(3) that the bylaw discriminates against this type of business by setting excessively high fees, and is invalid on that ground.

 

Finding by Judge William E. Wilson on the first point (power of the municipality):

 

Legal precedent is cited and the judge's conclusion is:

 

[12] .... There is statutory authority to pass such a bylaw as this ... [13] ... The decisions demonstrate how a bylaw such as this containing provisions for the regulation of a business and not for the purpose of prohibition do not entrench on Federal power over criminal law ...

 

There was no finding on the second point (city living on the avails), as the claim was abandoned:

 

[4] ... during closing argument her counsel abandoned the claim that the City was living off the avails of prostitution ...

 

[7] ... The Plaintiff and the prostitutes who testified on her behalf gave evidence that they all knew that the service was for the purpose of offering sexual services for money to customers who called.

The bylaw on the other hand is replete with requirements that no sexual services are to be offered by the agency or the escorts and prohibitions against lewd behaviour in conduct on the premises or in the advertising.

The prostitutes all testified that in their opinion the City authorities and some of the Aldermen were fully aware of the true nature of the business as were the bylaw enforcement officers and police. This was denied by the bylaw officer who testified for the City. I do not think that it is necessary to my decision that I make a finding on that point ...

Finding on the third point (discrimination):

 

[14] .. I say that a case of discrimination was not made out here. As the City says, and I agree, there is no evidence on the point. There was some evidence of the impact on the Plaintiff, and her profit and costs. But there was no industry wide statistical evidence... [15] ... the Plaintiff voluntarily sought and obtained a licence of this type, although she did not qualify for one, and got one just as any other "qualified" applicant would and she paid the same fee ...

 

The claim was dismissed.

[etasman2000 15994]

From that it looks like the City is welcome to make the bylaw and if you are so incline to place yourself under that restrictions so be it.

 

Does the City have to follow the Personal Information Protection and Electronic Documents Act.

[Lauren Lewis 1148]

Why such a concern of a city that is so far from your jurisdiction?

[Guest W***ledi*Time]

Why such a concern of a city that is so far from your jurisdiction?

 

Many legal principles and possibilities touched upon here would apply to any municipality in Canada, not just Saskatoon or Edmonton or Vancouver.

 

Municipal licensing and regulation is becoming a more prominent topic, and item for action, across Canada - as the possibility of the Federal criminal laws surrounding prostitution being permanently struck down looms closer.

 

If the striking-down of federal law is ultimately upheld in the current appeals process of Bedford v Canada, then one of the many questions that will arise is: what are the constraints that other levels of government must follow if they wish to step in and regulate prostitution and/or the activities surrounding it? If that scenario comes to pass, then current municipal bylaws, from cities across Canada, may provide models for other cities across Canada to follow or learn from.

[fortunateone 156618]

I think she would have had a better case had she not been an agency, had not obtained an indy license, and had faced a bylaws fine for going to a client for the purpose of prostitution. As a prostitute, she should not face a fine for not having an escort license, which is what the stings actually do -- seek out unlicensed sps advertising sexual services, setting up an appt, and then fining for lack of license. So the case would supposedly have had merit in her argument that the city has no business collecting license fees or fining prostitutes.

 

Which is true.

 

How tho they can claim they don't know what's going on in court is interesting, since I thought part of the Edmonton licensing process was an informational meeting about staying safe while doing sex work.

[Kate von Katz 49953]

Personally, I hope they do make this law. I am moving there in a few months and I'd feel a lot more comfortable with the city having licenses. In Victoria, where I was a licensed indy, my incall was quite literally across the street from the main police station (Caledonia and Quadra). I had to call them once because of a client making a scene, and they handled it professionally and without bias. It makes working with LE easier, and important. By giving licenses, LE is bridging a gap between us and them, which makes (most) girls less afraid of being "busted". Which, in turn, means that we can share more information with each other and make the industry a whole heck of a lot safer. To be honest, I'm inclined to find the contact information for some of the people involved in this and write them a letter saying as much. I support the licensing 100%.

[Guest W***ledi*Time]

CBC News reports, 13 Mar 2012:

 

http://www.cbc.ca/news/canada/saskatchewan/story/2012/03/13/sk-saskatoon-adult-services-bylaw-1203.html

 

City council in Saskatoon has voted unanimously to give police new powers

to better regulate the sex trade.

 

The Adult Services Licensing Bylaw targets people who sell sex on the internet, or through escort businesses and massage parlours.

 

Officials say its intent is to protect under-age teens. It doesn't affect street prostitution, but will lead to more checks indoors.

 

"There's going to be a big change," Saskatoon police chief Clive Weighill said.

 

"You're an escort service now, we're going to be checking the escorts out. You're running a massage parlour, we're going to be coming down and checking your massage parlour. We're going to make sure that you have a licence, we're going to make sure the people working there are 18 years of age."

 

The bylaw will come into effect in July.

 

It will require so-called adult service businesses to be licensed. Weighill said he doesn't expect all sex trade workers and business to get licences, but adds that's not the point.

 

What's important is that the bylaw will give police the power to check the ages of people employed in the businesses.

 

Similar laws are in place in Victoria, Edmonton and other cities, he said.

[badbone 100]

Regina police service has stated that they will not be following Saskatoon, and there are no plans for implementing a license in Regina.

[Guest W***ledi*Time]

David Hutton reports for the StarPhoenix, 19 Jun 2012:

 

http://www.thestarphoenix.com/sports/City+sets+controls+adult+services/6803606/story.html

 

Escort agencies and illicit massage parlours won't be allowed within a city block of parks, schools and homes under a City of Saskatoon plan.

 

The adult service businesses, which will be officially licensed in July, could also be required to set up at least one block from each other - and only allowed in industrial areas - to avoid "clustering," says a city report endorsed Monday by council.

 

City council approved advertising a proposal on where escort agencies and massage parlours should be located in Saskatoon.

 

The contentious plan restricts the so-called "adult service" agencies such as erotic massage parlours to industrial areas. Individual escorts or "lingerie models" can set up as a home-based business, but can't have clients into the home and can have a maximum of one employee.

Council approved licences for adult service agencies and individual escorts earlier this year in order to give police more tools to check upon the age and circumstances of those involved and work on prevention.

 

"There are a lot of children and people living in poverty that deserve this type of protection as well as giving police more tools to deal with some of the horror stories that are involved (in this trade)," said Coun. Tiffany Paulsen.

 

A public hearing on the proposal is set for July 18.

 

A new provision added by city administration would see a one-block or 160-metre buffer "between in-call adult service agencies and residential properties, schools, parks, and active and passive recreational facilities.

"A separation distance between adult service agencies and these land uses is desirable to minimize the potential for land use conflict and provide a buffer between the operation of the adult service agency and the clients that attend these establishments," the report to council says.

 

Most councillors agreed with the separation distance, with debate centred on whether 160 metres was enough.

 

Calgary enforces a 500-metre buffer.

 

Alan Wallace, the city's planning and development manager, said the separation distance was proposed to make sure the businesses aren't pushed to outlying areas.

 

He said forcing the businesses out into far-flung areas will make enforcement more difficult.

 

"If you try to push these businesses out we're not going to have compliance," he said. "They're going to try to subvert their way around the bylaw and we're going to have to run around chasing them."

 

Council also endorsed a provision to protect against a concentration of adult service agencies from cropping up in Saskatoon. City administration will report back on ensuring adult service businesses don't "cluster" on one block. A one-block buffer is in place for pawn shops along 20th Street, the council report says.

 

This separation distance would ensure that there is no more than one adult service agency per block.

 

Saskatoon also has around five storefront "erotic massage" parlours, which are licensed as aromatherapy or body rub centres, planners say.

 

Police and city planners say three massage parlour businesses located in commercial areas would be required to move once their current business licence is up for renewal and an adult service agency licence is required.

 

All escorts and adult service businesses will be required to get a licence starting on July 18 if council passes the report next month.

 

Councillors went out of their way to clarify the zoning change has nothing to do with street prostitution or establishing a red light district, an idea that was raised by a councillor last month.

 

"It bears repeating," Coun. Mairin Loewen said. "What we're considering has no bearing on legalizing street prostitution."

 

Under the bylaw, the city considers an adult service any business "appealing to or designed to appeal to erotic or sexual appetites or inclinations."

 

The business can offer services ranging from an "escort, companion, guide or date; privately modelling lingerie; privately performing a striptease; and privately performing a non-therapeutic body rub or massage."