Toronto Escorts

Is HE legal in Ontario? (Ponomarev Precedent)

d_jedi

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Sep 5, 2005
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There is no precedent under the new law, as there have been no clients charged, as far as I know (knock on wood).
Optimistically, the logic of this case would apply.
OTOH, I could see it going the other way if a case reached the courts as well.. a HE could be considered a sexual service (although "sexual service" is undefined and vague.. if it's equated with "prostitution" then the precedent set be Ponormarev would suggest it's not). If it is, and even if it's considered an "optional" part of a "full body" massage (to use the same terminology as the case), the fact that you paid for the massage could be interpreted as being that you paid for the sexual service of a HE.. meaning in Harper's Canada, you're a criminal (Heil Harper!).
 

stay

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May 21, 2013
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judge's laughing
There is no precedent under the new law, as there have been no clients charged, as far as I know (knock on wood).
Optimistically, the logic of this case would apply.
OTOH, I could see it going the other way if a case reached the courts as well.. a HE could be considered a sexual service (although "sexual service" is undefined and vague.. if it's equated with "prostitution" then the precedent set be Ponormarev would suggest it's not). If it is, and even if it's considered an "optional" part of a "full body" massage (to use the same terminology as the case), the fact that you paid for the massage could be interpreted as being that you paid for the sexual service of a HE.. meaning in Harper's Canada, you're a criminal (Heil Harper!).
Knock on who's wood?
 

d_jedi

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Sep 5, 2005
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d_jedi

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Sep 5, 2005
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Notwithstanding everything else that has been said, is the purchase of sexual services the same as an act of prostitution?
It's hard to say. The term "sexual services" has not been defined in a legal context.
 

wilbur

Active member
Jan 19, 2004
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It's hard to say. The term "sexual services" has not been defined in a legal context.
Just about any sex for money, including erotic stimulation, is interpreted as falling under C-36, according to interpretations from the department of justice. Whether these interpretations would stand up to court challenge, including the SCC, is another question.

I believe that crowns are leery of prosecuting those charges, because the courts could invalidate the law (again). Until the courts decide, C-36 imposes a certain deterrence among the general population, since it's not everybody who has the time, money to fight those charges, and who doesn't mind the public notoriety that would result. The Crowns expect that people will plea bargain in the meantime, and C-36 will have done its job of reducing the sex-trade.
 

wanttodo

Member
Dec 30, 2014
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Just about any sex for money, including erotic stimulation, is interpreted as falling under C-36, according to interpretations from the department of justice. Whether these interpretations would stand up to court challenge, including the SCC, is another question.

I believe that crowns are leery of prosecuting those charges, because the courts could invalidate the law (again). Until the courts decide, C-36 imposes a certain deterrence among the general population, since it's not everybody who has the time, money to fight those charges, and who doesn't mind the public notoriety that would result. The Crowns expect that people will plea bargain in the meantime, and C-36 will have done its job of reducing the sex-trade.
What about Nude Reverse massage? If LE barged in and saw a nude client giving a nude MPA a backrub, is this a problem? There is no sexual stimulating going on...no foul here?
 

TeasePlease

Cockasian Brother
Aug 3, 2010
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Does the officer observe the nude client sporting a chubby?
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,495
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What about Nude Reverse massage? If LE barged in and saw a nude client giving a nude MPA a backrub, is this a problem? There is no sexual stimulating going on...no foul here?
Speaks rather poorly of that client's NR skills doesn't it?

Not to mention that determining 'sexual service/act of prostitution' entirely by orgasm with ejaculation makes the law questionable under the Charter as gender-discriminatory.
 

GPIDEAL

Prolific User
Jun 27, 2010
23,355
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Speaks rather poorly of that client's NR skills doesn't it?

Not to mention that determining 'sexual service/act of prostitution' entirely by orgasm with ejaculation makes the law questionable under the Charter as gender-discriminatory.
Lol.

I recall the backgrounder stating if not citing a case or example that sexual service need not require a release.
 

TeasePlease

Cockasian Brother
Aug 3, 2010
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Fuck that was a liberal judge.

Or a clever lawyer with a good argument. You can't very well be running a bawdy house if you aren't in the business of prostitution. The judge didn't even have to address whether the services were sexual in nature. It was an elegantly simple argument that there was no money exchanged for whatever happened.

Less crafty lawyers are now predicating their analysis of C-36 on Ponomarev. Hence, the rubbish being touted about what is and is not sold under the auspices of municipal bylaws....
 
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