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Is Prostitution Legal In Canada?

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LifeDispenser

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Feb 27, 2010
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Source: http://www.torontocriminaldefence.com/articles/EEAFZllkEEfGCBJCfp.php

Is Prostitution Legal In Canada?
by Tushar K. Pain
There is no general crime of prostitution in Canada. However, many of the activities that are usually associated with prostitution are classified as criminal offences.

For starters, buying sex from or communicating about buying sex with someone under the age of eighteen years is an indictable criminal offence that carries with it a minimum six-month jail term.

While it is not a crime in general to arrange to buy sex or communicate for that purpose, if this is done or attempted in a public place (eg. on the streets) it is considered a criminal offence. This is classified as a summary conviction offence.

Engaging in sexual acts in a public place is also a criminal offence that falls under the ‘indecent act’ provisions of the Criminal Code. Even if you are engaging in sexual activity in the ‘privacy’ of your car, you could be charged with this offence.

Obviously, the activity of prostitution has to take place somewhere. Again, the exchange of sex for consideration is not criminal, per se. However, if the activity occurs in a place which is used regularly or habitually for the purposes of prostitution, then it is considered a “common bawdy-house”. The Criminal Code makes it an offence to run a common bawdy-house, to work in one, to allow one to be operated over a place or premise which you have control, or to be found in one without a lawful excuse. It’s even an offence to offer to take someone to a bawdy-house!

There are also criminal offences that deal with the other ‘business aspects’ of prostitution as well. The activity of pimping is characterized as ‘living on the avails of prostitution’ and is a criminal offence that carries a jail term of up to fourteen years in certain circumstances. Other ‘procuring’ provisions also make it criminal to induce, persuade, or force someone into prostitution both in and out of Canada.

It’s true that prostitution itself is not outright banned in Canada as a crime. However, there are a mine field of criminal laws that capture the many activities that often go hand-in-hand with it.
 
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Yoga Face

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Which is why in calls are safe from the law

It is your house and not habitually used for prostitution

Out calls are questionable because it could be habitual
 
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Hangman

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Yoga Face said:
Which is why in calls are safe from the law

It is your house and not habitually used for prostitution

Out calls are questionable because it could be habitual
Click to expand...
Are you sure about this???
 
C

Casa_Nova

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I'm pretty sure incalls are illegal under the assumption that you're operating a bawdy house and the "owners" will fall under the living on the avails of prostitution area. Outcalls on the other hand is legal, because they work under the umbrella (if you check most websites that's what it'll say) that you're only paying for the time and companionship of the ladies, and whatever happens is between two consensual adults (even though it is assumed).

Feel free to correct me if I'm wrong on this.
 
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Gentle Ben

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Jan 5, 2002
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Yoga Face said:
Which is why in calls are safe from the law

It is your house and not habitually used for prostitution

Out calls are questionable because it could be habitual
Click to expand...
You're mixed up between incall & outcall... outcall is when the lady comes to your location, incall is when you meet the lady at her location.
 
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fuji

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LifeDispenser, you're right. The upshot is that outcall independent escorts are perfectly legal in Canada.

Incall independent escorts are in a grey area as their primary function of their home is that it's their residence.

Outcall agencies are in a grey area as well as they come dangerously close to living off the avails, although they claim to be selling services to escorts.

Incall agencies, meaning brothels, are clearly illegal under the bawdy house law, although the police in Toronto generally do not go after them.

Street prostitution, or hotel bar prostitution, is illegal under the public communications law, and the police aggressively arrest and charge people under this law.

So yes while it is true to say many activities surrounding prostitution are illegal, not ALL of them are, there are several forms of prostitution that are perfectly legal in Canada, outcall independent escorts being the clearest example, and several more forms are in legal grey areas, or tolerated.
 
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lurkerjoe

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Apr 13, 2004
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fuji said:
Incall agencies, meaning brothels, are clearly illegal under the bawdy house law, although the police in Toronto generally do not go after them.
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Doesn't it depend on where the activity takes place? I thought hotel rooms are fine. The cops have to prove that the hotel management knowingly rented the room out for the purposes of prostitution. Failing to prove that, there's no bawdy house. I could be totally wrong.
 
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afterhours

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lurkerjoe said:
Doesn't it depend on where the activity takes place? I thought hotel rooms are fine. The cops have to prove that the hotel management knowingly rented the room out for the purposes of prostitution. Failing to prove that, there's no bawdy house. I could be totally wrong.
Click to expand...
you are, at least in theory
 
W

winstar

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Have you ever considered that many policemen, lawyers, judges, and politicians utilize SP's? That's the real reason incalls and massage parlours aren't routinely busted, unless you get a cop/politician who wants freebies. Some places like York region are routinely busted, but I doubt it's on any serious moral grounds.

I know a few lawyers who use these services. Any SP will tell you, they see people from all backgrounds, including people from all levels of the legal system.
 
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eldoguy

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Correct me if I am wrong. I know if cops bust a pro the judge can order a pelvic medical exam aids/hiv is found. A sentence of 10-15 yrs. If a sweep came down, the courts would be book solid for years !
 
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OnTheWayOut

We all like to rationalize and find reasons why parts of the hobby are legal (or at least technically not illegal). The bottom line is that the laws are written with enough grey areas that if LE really wants to they can bust anyone partaking. As long as everyone minds their manners for the most part they will look the other way. Especially, as noted earlier, if their brethern frequent an establishment. Maybe the safest thing to do is make friends with cops and see where they go and follow suit.

Reminds me of an MA I know who has many LE as customers. She routinely is given info by her LE clients that she should be careful for a certain period of time for different reasons. In fact (her facts, not mine) she once took on a prominent politician for a client who decided he thought he (and his boss) owned her ass. She resisted and he tried to use his position to have her shut down. But when he took some evidence to the cops they chastised him for going too far and quashed the attempt. Of course this is all hearsay and I am just passing on what was told to me by one side.

But it pays to stay on the good side of LE, they can giveth and taketh away.
 
oldjones

oldjones

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Aug 18, 2001
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fuji said:
LifeDispenser, you're right. The upshot is that outcall independent escorts are perfectly legal in Canada.…edit…
Click to expand...
I think the essence of the matter is how imperfectly legal prostitution is in Canada.

Rest assured: If the legal prostitution is done in any way or any place where it bothers straight folk, there's a law against it.
 
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wet_suit_one

New member
Aug 6, 2005
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slurp said:
We all like to rationalize and find reasons why parts of the hobby are legal (or at least technically not illegal). The bottom line is that the laws are written with enough grey areas that if LE really wants to they can bust anyone partaking. As long as everyone minds their manners for the most part they will look the other way. Especially, as noted earlier, if their brethern frequent an establishment. Maybe the safest thing to do is make friends with cops and see where they go and follow suit.

Reminds me of an MA I know who has many LE as customers. She routinely is given info by her LE clients that she should be careful for a certain period of time for different reasons. In fact (her facts, not mine) she once took on a prominent politician for a client who decided he thought he (and his boss) owned her ass. She resisted and he tried to use his position to have her shut down. But when he took some evidence to the cops they chastised him for going too far and quashed the attempt. Of course this is all hearsay and I am just passing on what was told to me by one side.

But it pays to stay on the good side of LE, they can giveth and taketh away.
Click to expand...
While LE can bust anyone for anything, the bottom line is what will stand up in court. Outcall prostitution is not a crime PERIOD. There is no provision of the criminal code (which is what determines crimes, not some police officer) which prohibits outcall prostitution. Heck even incall to a hotel probably isn't illegal, because what is habitually used as a place of prostitution? Once? Twice? Three times? One day? Two days? I've yet to see the case where the court has decided this one. If anyone can point me to it, I'd appreciate it!

As for LE being a pain in the ass and costing you a bunch of money to defend yourself at any time, that is absolutely true. Which is why Criminal Defense Lawyers are the finest, best and most important part of the legal professional body. ANYONE can be arrested for ANYTHING at any time. Without the protection provided by the criminal defense bar, all our physical persons are that much more vulnerable to the State getting it's hands on our persons. A horrific thought if ever there was one.

To the criminal defense bar, I salute you!
 
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Aardvark154

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Jan 19, 2006
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Once again we beat the dead horse. Not to sound overly nasty but everything posted in this thread has been discussed in detail before on TERB.
 
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Mia.Colpa

Persian Lover
Dec 6, 2005
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wet_suit_one said:
Heck even incall to a hotel probably isn't illegal, because what is habitually used as a place of prostitution? Once? Twice? Three times? One day? Two days? I've yet to see the case where the court has decided this one. If anyone can point me to it, I'd appreciate it!
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This is the grey area, the interpretation of "habitually used" is up to the judge, and it can vary from judge to judge. There was one case where the judge ruled that an SP used a hotel room and saw more than one client and the judge ruled that habitual, sorry I don't recall specifics, it was years ago and told to me by a lawyer. Obviously it doesn't happen that often and as I said it is a grey area.

wet_suit_one said:
Jaysus!

There's a lot of ignorance going on here...

A whole lot...
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This is Terb, happens all the time, lots of wannabe lawyers on this board, lmao. I surely hope no one takes any legal advice by reading this board. I find it humorous and entertaining at times.
 
S

S.C. Joe

Client # 13
Nov 2, 2007
7,146
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Detroit, USA
Who really cares what the law might say. Its far more important where you are at and how the local police are about it.

Drugs are "illegal" but we know how some areas it goes on with the users at least not being hassle by the police.

This is true in not only just in Canada.

Seems to matter more where and when you do something / not so much as what you do. Need to pay attention WHERE you are. A few KM either way could make a big difference depending on police and court borders.

Some courts / police depts are "cooler" than others. Usually big cites are "cooler" than small cities but then it depends who you are too. Outsiders need to be far more careful.

Yeah outcalls are like 100% legal in all of Canada but still some places are far better than others.
 
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